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Ordinance 2018-531
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Ordinance 2018-531
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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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construed as a release of any claim which the City may have for additional sums due <br /> and payable. All fee payments shall be subject to audit by the City, and assessment <br /> or refund if any payment is found to be in error. If such audit results in an <br /> assessment by and an additional payment to the City. such additional payment shall <br /> be subject to interest at the rate of one (1) percent per month until the date payment <br /> is made. <br /> If the payments required by this Section are not made within ninety (90) days after <br /> the due date. the City may withhold the issuance of permits to the registrant until the <br /> amount past due is paid in full, in addition to any other remedies available pursuant <br /> to this Ordinance and applicable law. including but not limited to drawing upon a <br /> registrant's fund and/or performance bond. <br /> (f) To the extent consistent with applicable law, the City shall not charge fees for <br /> registrations and permits pursuant to this Ordinance. <br /> Sec. 129-72. —Existing communications facilities in public rights of way. Enforcement Remedies. <br /> A communications services provider with an existing communications facility in <br /> the public rights of way of the City has 60 days from the effective date of this <br /> article to comply with the terms of this article, including, but not limited to, <br /> registration, or be in violation thereof <br /> (a) Nothing in this Ordinance shall affect or limit the remedies the City has available <br /> under applicable law. In addition to any other remedies available at law. including <br /> but not limited to the City Code, F.S. §166.0415 (municipalities) and Ch. 162. <br /> (municipalities and counties), or equity or provided in this subsection, or the City's <br /> Code of Ordinances. the City may apply any one or combination of the following <br /> remedies in the event a person violates this Ordinance. or applicable law or order <br /> related to the public rights-of-way. <br /> (b) In addition to the City's ability to terminate a registration pursuant to this Ordinance <br /> or to deny. suspend or revoke permits, the failure to comply with the provisions of <br /> this Ordinance or other law applicable to occupants of the public rights-of-way may <br /> result in imposition of penalties to be paid by the responsible person to the City in an <br /> amount of not less than $250.00 per day or part thereof that the violation continues <br /> for the first violation, or an amount of not less than $500.00 per day or part thereof <br /> for a repeat violation. A registrant's or person's failure to obtain a permit before <br /> commencing work. except where a permit is not required pursuant to this Ordinance. <br /> may result in imposition of penalties to be paid to the City in an amount of not less <br /> than $250.00 per day or part thereof that the violation continues for the first <br /> violation, or an amount of not less than $500.00 per day or part thereof for a repeat <br /> violation. <br /> In addition to or instead of any other remedy. the City may seek legal or equitable <br /> relief from any court of competent jurisdiction. <br /> 70 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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