§ 78-384. Interference.

(a)

Interference with city use .

(1)

Any communications facilities placed upon, under, over, or along any public rights-of-way that are 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 written notice to the registrant or its agent, be removed or relocated, within 30 days of such notice, by such registrant at its own expense consistent with F.S. § 337.403. The mayor may extend the time within which a registrant shall remove or relocate a communications services facility for good cause shown.

(2)

Any communications facilities placed upon, under, over, or along any public rights-of-way that are found by the city to be unreasonably interfering in any way with the maintenance, repair, replacement, improvement, extension or expansion of public utility facilities located in the public rights-of-way, including but not limited to, water mains, sanitary sewer facilities, storm water facilities, shall, upon written notice to the registrant or its agent, be removed or relocated, within 30 days of such notice, by such registrant at its own expense, unless otherwise provided in F.S. § 337.403. The mayor may extend the time within which a registrant shall remove or relocate a communications services facility for good cause shown.

(2)

Subject to F.S. § 337.403, whenever an order of the city requires the 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 facility 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. The expense thereby incurred, except as provided in F.S. § 337.403(1)(a)—(c), shall be paid out of any money available therefor, and such expense shall be charged against the owner of the telecommunications facility and levied, collected and paid to the city.

(3)

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

(b)

Interference with other users .

(1)

All communications services facilities shall be placed and maintained so as not to interfere unreasonably with the use of the public rights-of-way by the public and so as not to cause unreasonable interference with the rights and safety of property owners who adjoin any of the public rights-of-way.

(2)

All communications services facilities shall be placed and maintained so as not to interfere, displace, damage or destroy any other utilities or facilities, including but not limited to, water mains, sanitary sewer facilities, storm drains, electrical facilities; gas mains, pipes, cables or conduits of the city or any other utility's facilities lawfully occupying the public rights-of-way of the city. Any registrant that damages any other utilities or facilities while installing or maintaining its own facilities shall be responsible for the costs of repair of such other utilities or facilities.

(3)

All communications services facilities shall be placed and maintained so as not to create interference with the operations of public safety telecommunications services.

(Ord. No. 4774-18, § 2, 10-22-2018)