Laserfiche WebLink
(n) Removal or relocation at the direction of the City of a registrant's communications <br /> facility in public rights-of-way shall be governed by the provisions of F.S. §§337.403 <br /> and 337.404. as they may be amended. Subject to F.S. §337.403. whenever an order <br /> of the City requires such removal or change in the location of any communications <br /> facility from the public rights-of-way, and the facility owner fails to remove or <br /> charge the same at its own expense to conform to the order within the time stated in <br /> the notice. the City may proceed to cause the communications facility to be removed. <br /> The expense thereby incurred except as provided in F.S. §337.403O(a)—(c), shall <br /> be paid out of any money available therefor. and such expense shall be charged <br /> against the registrant of the communications facility and levied, collected and paid to <br /> the City. <br /> (o) Subject to F.S. §337.403, whenever it shall be necessary for the City to remove or <br /> relocate any communications facility, the registrant of the communications facility <br /> shall be given notice of such removal or relocation and an order requiring the <br /> payment of the costs thereof, and shall be given reasonable time, which shall not be <br /> less than twenty (20) nor more than thirty (30) days in which to appear before the <br /> City Commission to contest the reasonableness of the order. Should the registrant <br /> not appear, the determination of the cost to the registrant shall be final, in accordance <br /> with F.S. §337.404. <br /> (p) A final order of the City shall constitute a lien on any property of the registrant and <br /> may be enforced by filing an authenticated copy of the order in the office of the clerk <br /> of the circuit court of the county wherein the registrant's property is located and/or <br /> by drawing upon the registrant's permanent performance bond. <br /> (q) The City retains the right and privilege to cut or move any communications facilities <br /> located within the public rights-of-way of the City, as the City may determine to be <br /> necessary. appropriate or useful in response to any public health or safety <br /> emergency. If circumstances permit. the City shall attempt to notify the registrant of <br /> the communications facility, if known, prior to cutting or removing a <br /> communications facility and shall notify the registrant of the communications <br /> facility, if known, after cutting or removing a facility. <br /> The City shall have the right to make such inspections of facilities placed or <br /> maintained in public rights-of-way as it finds necessary to ensure compliance with <br /> this Ordinance. The City shall have access without charge to any manholes or <br /> handholes at any time. of a communications services provider in which the City has <br /> facilities. provided the City has given such provider reasonable prior notice so that <br /> such provider can have trained personnel present when the City accesses such <br /> manholes. Notwithstanding the foregoing. the City. in the proper exercise of its <br /> municipal police powers and duties with respect to the public rights-of-way. shall <br /> have access to all manholes and handholes without charge of such provider. In the <br /> event the City determines that a violation exists with respect to registrant's placement <br /> or maintenance of facilities in the public rights-of-way that is not considered to be an <br /> emergency or danger to the public health. safety or welfare. the City will provide <br /> 56 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />