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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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certain activities in the public rights-of-way in accordance with this <br /> Ordinance, and does not create a property right or grant authority to <br /> impinge upon the rights of others who may have an interest in the <br /> public rights-of-way. <br /> (2) Review procedures for applications for all communications facilities other <br /> than small wireless facilities and utility poles for collocation of small wireless <br /> facilities. The City shall review and process applications for communications <br /> facilities other than small wireless facilities and utility poles for collocation <br /> of small wireless facilities consistent with applicable law and City <br /> procedures. The City may deny an application for a communications facility <br /> in the public rights-of-way if such facility does not comply with applicable <br /> codes. including this Ordinance. <br /> (3) Suspension and revocation of permits. <br /> (a) The City may order the suspension of work under a permit and <br /> ultimately may suspend or revoke any permit. in the event of a <br /> material breach of the terms and conditions of any applicable codes <br /> including but not limited to this Ordinance, State and federal laws and <br /> regulations. or any condition of the permit. A material breach by the <br /> permittee may include, but is not limited to: <br /> (1) The violation of any material provision of the permit or <br /> applicable codes; <br /> (2) An evasion or attempt to evade any material provision of the <br /> permit or the perpetration or attempt to perpetrate any fraud or <br /> deceit upon the City: <br /> (3) Any material misrepresentation of fact in the process of <br /> permittee's request for a permit or registration: <br /> (4) The failure to maintain the required permanent performance <br /> bond or insurance; <br /> (5) The failure to properly restore the public rights-of-way: <br /> (6) The failure to comply within the specified time with an <br /> order issued by the City <br /> (7) The failure to register, renew a registration, or provide <br /> notice of transfer in accordance with this Ordinance: <br /> (8) The failure to relocate or remove facilities pursuant to this <br /> Ordinance and Sections 337.402. 337.403 and 337.404. F.S.. as <br /> amended: <br /> (9) Conducting work in the public rights-of-way without a permit. <br /> if required. <br /> (b) If the City determines that a registrant has committed a substantial <br /> breach of a term or condition of the permit or violation of applicable <br /> codes including but not limited to this Ordinance. the City shall make <br /> a written demand upon the registrant to remedy such violation. <br /> The demand shall state that the continued violation(s) may be cause <br /> 47 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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