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Last modified
5/29/2018 10:48:09 AM
Creation date
4/18/2018 1:51:23 PM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
4/9/2018
Ordinance #
1549
Ordinance Title
An Ordinance Amending Selected Text of the Roseville City Code, Title 7, Chapter 707, to Regulate Small Wireless Facilities
City Code Chapter Amendment
Ch 707, Title 7
Ordinance Date Passed
4/9/2018
Ordinance Date Published
4/17/2018
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
4/17/2018
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arbitration. (Ord. 1209, 8-24-1998) <br /> 707.30: ABANDONED AND UNUSABLE FACILITIES: <br /> A. Discontinued Operations: A registrant who has determined to discontinue its operations in <br /> the City must either: <br /> 1. Provide information satisfactory to the Director that the registrant's obligations for its <br /> facilities in the right of way under this Chapter have been lawfully assumed by another <br /> registrant; or <br /> 2. Submit to the Director a proposal and instruments for transferring ownership of its <br /> facilities to the City. If a registrant proceeds under this clause, the City may, at its option: <br /> a. Purchase the facilities; or <br /> b. Require the registrant, at its own expense, to remove it; or <br /> c. Require the registrant to post an additional bond or an increased bond amount sufficient <br /> to reimburse the City for reasonably anticipated costs to be incurred in removing the <br /> facilities. <br /> B. Abandoned Facilities: Facilities of a registrant who fails to comply with subsection A of this <br /> Section, and which, for two years, remains unused shall be deemed to be abandoned. <br /> Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or <br /> rights it has at law or in equity, including,but not limited to: 1) abating the nuisance, 2) <br /> taking possession of the facilities and restoring them to a usable condition, or 3) requiring <br /> removal of the facilities by the registrant, or the registrant's successor in interest. <br /> C. Removal: Any registrant who has unusable and abandoned facilities in any right of way shall <br /> remove it from that right of way during the next scheduled excavation, unless this <br /> requirement is waived by the Director. (Ord. 1209, 8-24-1998) <br /> 707.31: RESERVATION OF REGULATORY AND POLICE POWERS: <br /> A permittee's or registrant's rights are subject to the regulatory and police powers of the City to <br /> adopt and enforce general ordinances necessary to protect the health, safety and welfare of the <br /> public. (Ord. 1209, 8-24-1998) <br /> 707.32: FRANCHISE; FRANCHISE SUPREMACY: <br /> The City may, in addition to the requirements of this Chapter, require any person which has or <br /> seeks to have equipment located in any right of way to obtain a franchise to the full extent <br /> permitted by law, now or hereinafter enacted. The terms of any franchise which are <br /> inconsistent with any provision of this Chapter, whether granted prior or subsequent to <br /> enactment of this Chapter, shall control and supersede the conflicting terms of this Chapter. All <br /> other terms of this Chapter shall be fully applicable to all persons whether franchised or not. <br /> (Ord. 1209, 8-24-1998) <br /> 707.33: SEVERABILITY: <br /> If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason <br /> held invalid or unconstitutional by any court or administrative agency of competent <br /> jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and <br /> such holding shall not affect the validity of the remaining portions thereof. If a regulatory body <br /> or a court of competent jurisdiction should determine by a final, non_appealable order that any <br />
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