Ordinance 2018-531 - Laserfiche WebLink

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registrant's cemmunications facilities in public rights of way; or provide the City rights of way. If a registrant fails to comply with this Subsection C, the City may exercise any remedies or rights it has at law or in equity, including but not limited to ownership or physical control of the facilities or requiring the registrant within 90 days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the public rights of way and restore the public rights of way to its original condition before the removal. D. In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights of way of the City. E. In the event of termination of a registration, this section does not authorize the City to cause the removal of communications facilities used to provide another service for which the registrant or another person who owns or exercises physical control over the facilities holds a valid certification of license with the governing federal or state agency, if required for provision of such service, and is registered with the City, if required. A registrant that places or maintains communications facilities in the public rights- of-way shall be required to pay fees and taxes as required by applicable law and ordinances of the City, including this Ordinance. (b) Pass-through providers shall pay to the City on an annual basis an amount equal to five hundred dollars ($500.00) per linear mile or portion thereof of communications facilities placed and/or maintained in the public rights-of-way. The amounts charged pursuant to this Ordinance shall be based on the linear miles of public rights-of-way or portion thereof. where communications facilities are placed. not based on a summation of the lengths of individual cables. conduits, strands or fibers. (c) The City shall discontinue charging pass-through provider fees to a person that has ceased being a pass-through provider. Any annual amounts charged shall be reduced for a prorated portion of any 12-month period during which the pass-through provider remits communications services taxes imposed by the City pursuant to Chapter 202, F.S.. as amended. (d) The initial amount of pass-through provider fees shall be paid prior to issuance of a permit based on the facilities authorized to be installed in the public rights-of-way pursuant to the permit. The amount due may be modified based upon the as-builts submitted by the pass-through provider. Subsequent annual payments of pass- through provider fees shall be due and payable on October 1 of each year. Fees not paid within ten (10) days after the due date shall bear interest at the rate of one (1) percent per month from the date due until paid. The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgement that the amount paid is the correct amount due. nor shall such acceptance of payment be 69 City of Sunny Isles Beach CROW Ordinance 10-17-18