§ 7-286. Underground installation requirement; relocation of communications facilities.

(a)

To the extent not inconsistent with applicable state and federal laws, a communications services provider shall, at its cost, install its facilities underground, including but not limited to electric power service lines. Communications facilities which by their nature or function cannot be installed underground, including but not limited to poles, towers, support structures, antennas, radio equipment, and the like, are exempt from this requirement.

(b)

Every registrant that places or constructs communications facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations.

(c)

Any communications facilities existing or to be placed in, under, over, or across any public rights-of-way that is found by the city to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such public rights-of-way shall, upon thirty (30) days written notice to the registrant or its agent, be removed or relocated by such registrant at its own expense except as explicitly provided under F.S. § 337.403. The community development director, or his or her designee, may waive or extend the time within which a registrant shall remove or relocate a communications facility, for good cause shown.

(d)

The registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to gas, sanitary sewer, water main, water lines, storm sewer, pipe, cable, conduit, fiber optic, pavement, sidewalk, landscaping, irrigation lines or other pathway or any other facilities belonging to the city, or to any third party who placed such facilities by express authority of the city and in compliance with all of the requirements which accompany such express authority. The registrant shall be liable to the city for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the city, and the registrant shall pay such costs upon demand. In the case of an emergency, the city may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the city may cause the repairs to be made at the facility's owner expense, using city employees, agents or contractors, charge any and all costs, and require reimbursement within thirty (30) days after the submission of the bill by the city to the registrant. In all other non-emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the thirty (30) calendar days after receiving notice, the city may cause the repairs to be made at the facility owner's expense, using city employees, agents or contractors, charge any and all costs, and require reimbursement thirty (30) days after the submission of the bill by the city to the registrant.

(e)

Subject to F.S. § 337.403, whenever an order of the city requires such removal or change in the location of any communications facility from the public rights-of-way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the city may proceed to cause the communications facility to be removed. All expenses incurred by the city except as provided in F.S. § 337.403(1)(a)—(c), shall be charged against the owner of the communications facility and levied, collected and paid to the city.

(f)

Subject to F.S. § 337.404, whenever it shall be necessary for the city to remove or relocate any communications facility, the owner of the communications facility, or the owner's chief agent, shall be given written notice of such removal or relocation and the finance and administrative services director shall issue an order requiring the payment of the costs, and the owner shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which to file an appeal with the city commission to contest the reasonableness of the finance and administrative services director's order. Upon receipt of a written appeal, the finance and administrative services director or designee shall place the matter on the commission's agenda for consideration within forty-five (45) working days. Should the facility owner or the facility owner's representative not appear, the determination of the cost to the owner shall be final, in accordance with F.S. § 337.404.

(g)

A final order of the city imposed pursuant to Florida Statutes, and applicable provisions of the City Code, if any, shall constitute a lien on any property of the owner and may be enforced as provided therein.

(h)

The city retains the right and privilege to cut or move any facilities located within the public rights-of-way of the city, as the community development director or designee, in his or her reasonable discretion, may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility.

(i)

Upon abandonment of a facility within the public rights-of-way of the city, the owner of the facility shall notify the finance and administrative services department within thirty (30) days. Following receipt of such notice, the city may direct the facility owner to remove within sixty (60) days of said notice all or any portion of the facility if the city determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the city does not direct the removal of the abandoned facility by the owner of the facility, such owner, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.

(Ord. No. 456, § 2, 12-26-00; Ord. No. 456-17-A, § 9, 2-14-17)