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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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consumers in the City. City reserves the right to enact additional consumer protection provisions to <br /> the extent authorized by state and federal law. <br /> § 129-54. - Failure to enforce license. Reserved. _ <br /> The licensee shall not be excused from complying with any of the terms and conditions of this <br /> article by any failure of the City, upon any one or more occasions, to require the licensee's <br /> performance or compliance with any one or more of such terms or conditions. <br /> § 129-55. - Future rules, regulations and procedures. Reserved. <br /> The Director reserves the right to promulgate rules, regulations, and procedures to implem - - <br /> intention of this article. <br /> § 129-56. - Authority of Director. Reserved. <br /> A. The Director shall have the responsibility for overseeing the day to day administration of this <br /> article and authorizations granted hereunder. The Director, or any member of the Director's staff so <br /> designated by the Director, may administer oaths, certify to official acts, issue subpoenas, and <br /> compel the attendance of witnesses and the production of papers, account books, contracts, <br /> discharge of the duties of his office. The Director shall be empowered to take all administrative <br /> actions on behalf of the City, including adopting forms for application and reporting and other <br /> administrative procedures as are necessary. <br /> B. The Director shall have the authority to initiate legal actions in the name of the City through the <br /> City Attorney, seeking declaratory judgment, injunctive, equitable, and legal relief to enforce the <br /> provisions of this article. <br /> C. It is understood that there may be from time-to-til. nin the-City var-ieus easements and streets <br /> which the City Director does not have the unqualified right to authorized licensee to use. Therefore, <br /> way or portion of the right of way or easement that it has the right to authorize the licensee to <br /> install or maintain portions of its system therein and in -ach case the burden and responsibility for <br /> City shall not be required to assume any responsibility for securing any right of way easement or <br /> systems, nor shall the City be responsible for securing any permits or agreements with other persons <br /> or utility. <br /> § 129-57. - Director's settlement authority. Reserved. <br /> The Director is hereby authorized to resolve by settlement any notice of violation or lawsuit <br /> initiated by the Director. In deciding to settle a dispute over an alleged violation, the City shall <br /> consider: <br /> A. The probability of success in proving the violation; <br /> C. The licensee's past history concerning similar violations; <br /> D. Mitigating factors; and <br /> E. The licensee's success in resolving the dispute with affected customers. <br /> § 129-58. - Appeals;judicial review. Reserved. <br /> 14 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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