16.10.100 Maintenance of Facilities--Continuing Obligations.
A. Construction, installation, maintenance and repair of any Facilities shall comply, as applicable, with the provisions of the most current editions of the City’s Zoning Ordinance, Building Code, Plumbing Code, Electrical Code, any applicable City-adopted Public Works construction standards, specifications and plans, or guidelines, as they are modified from time to time, and any applicable federal, state or local statutes, ordinances, regulations, guidelines, or requirements.
B. The exterior of any newly installed Facility shall be manufactured or treated so as to resist graffiti and shall be maintained in good condition.
C. Each Facility installed in the PROW shall be clearly identified with the name of the owner of the Facility and a toll-free telephone number for the Company for which it was installed. The Director may adopt orders or regulations to specify other appropriate methods for identification.
D. A Company shall be responsible for maintaining all Facilities in good condition, well-painted and free of graffiti and other markings; provided, however, that Companies shall not be responsible for maintenance of any plantings or vegetative screening materials, whether preexisting installation of the Proposed Facilities or installed by the Company during installation. A Company assumes all responsibility for damage or injury resulting from placement or maintenance of any Facility. If a Company fails to comply with any written City demand relating thereto, the City may perform said work and withdraw its costs and expenses from the security fund.
E. Companies shall be required to monitor and abate graffiti on Facilities installed pursuant to permits issued under this Chapter. In addition, Companies shall provide the City with a method or contact information to report graffiti on their facilities and other Facility maintenance. Companies shall make reasonable commercial efforts to remove graffiti within 72 hours of such notification.
F. By applying for and accepting a PROW Permit under this Chapter, a Company assumes all responsibility for damage or injury resulting from the presence of any Facility in the PROW. If a Company fails to comply with any written Director’s demand relating thereto, the City may perform said work, or pay for such damage or injury, and withdraw its costs and expenses from the security fund or other security provided by the Company. However, remediation by the City in accordance with this section shall not relieve the Company from responsibility or liability for subsequent conditions necessitating remediation.
1. In the event that subsurface material or pavement over or immediately adjacent to any excavation becomes depressed, broken, or fails in any way at any time after the work has been completed, the Director shall notify the responsible Company, if any, of the condition, its location, and the required remedy. The Director shall give the Company notice of default and a reasonable time, but not less than 20 days, to cure the default. If the Company does not cure the default or make substantial good faith efforts to do so within that period, the City may perform the work itself. Upon completion of that work, the City shall submit to the Company an itemized statement of costs, which shall be due no later than 30 days of billing.
2. Costs that may be recovered include, but are not limited to, administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, boards, commissions, or departments of the City, that were made necessary by reason of the emergency remediation undertaken by the Department. The cost of such work also may be deducted from the Company’s security fund.
G. No Personal Wireless Service Facility or combination of Facilities subject to this Chapter shall produce power densities that exceed applicable FCC limits for electric and magnetic field strength and power density for transmitters. In order to ensure compliance with all applicable radiofrequency exposure standards, Personal Wireless Service Facilities that are subject to field testing of radiofrequency emissions under FCC standards may be required to submit reports as required by this subdivision and applicable regulations and guidelines adopted by the Director. Testing and certification in the same manner shall also be conducted upon the upgrade or substantial modification of radio or antenna equipment.
H. Notwithstanding anything herein, no operator of any Personal Wireless Service Facility shall be required to provide any report, or any information in any report, that exceeds reports or information that may be required by the FCC. The City may obtain, at the operator’s expense, independent verification of the results of any analysis. If an operator of a Personal Wireless Service Facility fails to supply any required report or fails to correct a violation of the FCC standard following notification, the PROW Permit for that Personal Wireless Service Facility shall be suspended until the operator complies with this subdivision.
1. Prior to January 31 of each year, an authorized representative for the operator of each antenna at the Personal Wireless Service Facility permitted under this Chapter shall provide under penalty of perjury a written certification to the City that each antenna is being operated in accordance with all applicable FCC radiofrequency exposure standards.
2. To the extent required by the FCC standards, the operator of a Personal Wireless Service Facility shall be required to submit to the City a report, based on actual measurements, of compliance with applicable FCC radiofrequency exposure limits within 90 days of a reduction of any FCC radiofrequency exposure limit for electric and magnetic field strength and power density for transmitters, or of any modification of each Personal Wireless Service Facility requiring a new submission under FCC standards to determine compliance. If calculated levels are not in compliance with the FCC’s radiofrequency exposure limits, the operator shall cease operation of the Personal Wireless Service Facility until it is brought into compliance with the FCC’s standards. A report of these calculations and required measurements, if any, and the findings with respect to compliance with the current radiofrequency exposure limits, shall be submitted to the City. If at any time, radiofrequency levels are not in compliance with the FCC’s radiofrequency exposure limits, the operator shall immediately cease operation of the Personal Wireless Service Facility until it is brought into compliance with the FCC’s standards. A report of these calculations and required measurements, if any, and the findings with respect to compliance with the current radiofrequency exposure limits, shall be submitted to the City. (Ord. 7726-NS § 1 (part), 2020: Ord. 7540-NS § 1, 2017; Ord. 7083-NS § 4 (part), 2009)