7-7-9: ENFORCEMENT AND REMEDIES:
A. Enforcement: The city is responsible for enforcing and administering this chapter, and the city or its designee is authorized to give any notice required by law or under any master license agreement or permit. Failure of city to require performance of any term in this chapter or the waiver by either party of breach hereof shall not prevent subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
B. Removal Of Wireless Facilities:
1. In the event (a) the use of a wireless facility is discontinued for a continuous period of twelve (12) months, (b) the term of the applicable master license agreement has expired, or (c) any wireless facility or structure has been installed in the public way without complying with the requirements of this chapter, and the respective wireless facilities have not been removed by the wireless provider within thirty (30) days of any such event, such wireless provider shall be deemed to have abandoned such wireless facility.
2. If any wireless facility is deemed abandoned, the wireless provider shall remove its wireless facilities and structures within ninety (90) days of the city’s notice of such abandonment and shall repair and restore the public way to a similar or better condition than at the time of the installation. Failure to do so may result in the city’s removal of the facilities and structures at the wireless provider’s cost. The city shall have the right to inspect and approve the condition of the public way, wireless facilities, and structures prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security required of a wireless provider shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.
3. Notwithstanding anything to the contrary set forth in this chapter, and subject to city’s approval in its discretion, a wireless provider may abandon any underground facilities in place so long as it does not materially interfere with the use of the public way or with the use thereof by any public utility, cable operator or other person.
C. Default: If a wireless provider defaults under any provision of this chapter and such default is not cured within thirty (30) days following notice by city to wireless provider of its default, or such longer cure period as permitted by city, city shall maintain all its rights and remedies, at law and in equity, including the ability to charge fines, recover fees and costs, and remove the wireless facilities. Without limitation, city may:
1. Fine the violating party one hundred dollars ($100.00) per day per violation until the violation is cured;
2. Terminate or suspend any franchise, permits, or licenses held by the violating party; and
3. Withhold issuing any new permits to the violating party.
4. If the violation is not cured within one hundred eighty (180) days, or such longer cure period as may be permitted by city, city may remove and impound the wireless facilities until the violation has been cured. (Ord. 2020-02-005 § 1, 2-2-2020)