§ 78-394. Termination of registration.

(a)

The involuntary termination of a registration may only be accomplished by an action of the city commission . The city may declare the registration terminated and revoke and cancel all privileges granted under that registration if:

(1)

A federal or state authority suspends, denies, or revokes a registrant's certification to provide communications service; or

(2)

The registrant is adjudicated bankrupt by a United States District Court or through any legal proceeding of any kind, or a receiver is appointed to take possession of the assets of the registrant; or

(3)

Misrepresentation or fraud by registrant in a registration application to the city;

(4)

The registrant abandons all of its facilities; or

(5)

Failure to cure a violation of this chapter after notice and expiration of the cure period;

(6)

Failure to relocate or remove facilities as may be lawfully required by the city;

(7)

Failure to restore the public right-of-way after working therein or creating a public safety hazard; or

(b)

Notice and cure period . Prior to termination by the city resulting from a violation of any of the provisions of this section, the registrant shall be notified by the city with a written notice setting forth all matters pertinent to such violation. The registrant shall have 60 days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the city, to accomplish the cure of a violation. In the event of an emergency, the city may take appropriate action in accordance with section 78-386 of this article.

(c)

Removal of facilities . In the event of a vote by the city commission to terminate, the registrant shall, within 90 days following such termination, remove its facilities and take such steps as are necessary to render every portion of the facilities remaining within the public right-of-way of the city safe.

(d)

If the registrant has abandoned its facilities or fails to timely remove its facilities, the city may either:

(1)

Require that some or all of the facilities be removed and the public right-of-way restored to its proper condition at the registrant's expense, utilizing city employees or contractors, and charge any and all costs, and require reimbursement from the registrant or its bonding company or surety; or

(2)

Require the registrant's bonding company to remove some or all of the facilities from the public right-of-way and restore the public right-of-way to its proper condition;

(e)

[Emergency or public safety hazard.] In the event of an emergency or public safety hazard, the city the city may take appropriate action and may restore the public right-of-way utilizing city employees or contractors, and charge any and all costs, and require reimbursement from the registrant or its bonding company or surety.

(f)

Reimbursement of city costs . If the city elects to restore the public right-of-way, the city may charge any and all such costs to the registrant, and the registrant shall be required to reimburse the city within 30 calendar days after the submission of the bill by the city to registrant. If the city incurred costs as described in this section, the registrant shall be required to reimburse the city for any and all such costs before the any termination of registration can be lifted. The mayor shall have the discretion to waive this requirement.

(g)

In the event of a termination of registration, this provision does not permit the city to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state telecommunications agencies and is properly registered with the city for such certificated service under this article.

(Ord. No. 4774-18, § 2, 10-22-2018)