(1)

Administrative approval of an application will be evidenced by the issuance of the applicable building permits. The issuance of a permit authorizes the permittee to undertake only those certain activities specified in the approved application and its accompanying permits, subject to the requirements of this Article XI.5.

(2)

No permit issued this article. is divisible or assignable, except that a permittee may assign a permit to its parent company or subsidiary, or the parent of or subsidiary of a parent company, or to any entity which acquires all or substantially all of the permittee's assets in the city's market by reason of a merger, acquisition or other business reorganization.

(3)

The grant of any permit under this Article XI shall not be deemed as a certification by the city of the wireless telecommunications facility's compliance with all applicable codes.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Applicant's expense. All costs incurred by an applicant or permittee in connection with its compliance with, or enjoyment of, this article or any permit issued under this article. shall be borne by the applicant or permittee and not by the city. In addition, prior to the issuance of a permit under this article, the applicant or permittee shall reimburse the city for expenses, including engineering and specialized consulting, that the city deems necessary to facilitate its review of any application under this Article XI, subject to any limitations imposed by federal or state law.

(2)

Duration. Unless construction has actually begun and is diligently pursued to completion at that point, no permit for construction issued under this Article XI shall be valid for a period longer than twelve (12) months unless the administrator and permittee agree to a reasonable extension and all required fees are paid for the then-current term.

(3)

No waiver of other permits and authorizations. All work performed within the city limits shall be in accordance with all applicable standards and applicable codes and shall be done under the general supervision of the public works department. Nothing in this article or any permit issued to an applicant hereunder shall be construed as a waiver of any laws, regulations, or rules of the city or of the city's right to require the applicant to secure the appropriate permits or authorizations, or to pay the applicable fees associated with the same.

(4)

Radio frequency emissions. Without limiting the other provisions of this article, any person operating a wireless telecommunications facility must cease its operations if it is not in compliance with FCC regulations governing radio frequency emissions (including but not limited to any standards that may be adopted in the future with respect to cumulative multi-point emissions), as the same may be amended from time to time, except to the extent that the FCC or other order, ruling or regulation permits it to continue to operate. The approval of an application under this Article XI is not intended to insulate the permittee from any claim or any remedy based on radio frequency emissions. Upon the request of the planning director, each permittee shall submit an annual report identifying applicable standards and the measured emissions from each wireless telecommunications facility sited under this Article XI. The report shall not be treated as confidential and shall be available to the public upon request.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Standard. The permittee shall maintain the telecommunications facilities in a good condition and maintain a neat and orderly appearance in compliance with all applicable laws, codes, permits, and authorizations.

(2)

Self-help. The city may, from time-to-time, require the permittee to perform reasonable maintenance or conduct reasonable repairs to the wireless facility. If, within thirty (30) days after written notice of such requirement to perform maintenance or repair, the city may undertake the requested maintenance and/or repairs and charge the permittee reasonable and documented cost of such maintenance or repairs.

(3)

Payment of costs. Any costs including expenses charged by the city to the permittee under any provision of this article shall be paid within thirty (30) days. The city may maintain an action to recover the costs of the repairs, including the payment of reasonable attorneys' and consultant fees, if not timely paid.

(4)

Condition/failure to act. The permittee shall keep the facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. If the city gives the permittee written notice of a failure by the permittee to maintain the facilities under this subsection (4), the permittee shall use its best efforts to remedy such failure within thirty (30) days after receipt of such written notice. If the permittee fails to perform its obligations hereunder, the city may perform the necessary work and charge the reasonable cost thereof to and collect the same from the permittee. The permittee shall remit payment for such amounts within thirty (30) days of its receipt of an invoice therefor.

(Ord. No. 21-21, § 3, 5-17-21)

The permittee shall at all times keep and maintain the telecommunications facilities free of all graffiti located thereon. If city notifies the permittee that graffiti is located anywhere on the wireless telecommunications facility, the permittee shall remove the graffiti within thirty (30) days of the written notice. If the permittee defaults in its obligations hereunder, the city may perform the necessary work and charge the reasonable cost thereof to and collect the same from the permittee. The permittee shall remit payment for such amounts within thirty (30) days of its receipt of an invoice therefor.

(Ord. No. 21-21, § 3, 5-17-21)

The permittee shall provide the director of public works with a twenty-four (24) hour emergency telephone number from which a representative of the permittee, not voice mail or a recording, responsible for the maintenance and operation of the wireless facility can be contacted in the event of an emergency. The permittee shall respond immediately to address a reported emergency.

(Ord. No. 21-21, § 3, 5-17-21)

All wireless telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes to ensure the structural integrity of such facilities. If, upon inspection by the building official, any such wireless facility is determined not to comply with the code standards or to constitute a danger to persons or property then upon notice being provided to the permittee and the owner of the property, if such owner is different, such permittee shall have up to ninety (90) days to bring such facility into compliance. In the event such wireless facility is not brought into compliance within thirty (30) days, the city may provide notice to the permittee or operator of the facility requiring the wireless telecommunications facility to be removed. The city may seek to have such facility removed regardless of the owner's or permittee's intent to operate such facility and regardless of any permits, federal, state or otherwise, which may have been granted. The city may pursue all legal remedies available to it to ensure that such facility is removed. Delay by the city in acting shall not in any way waive the city's right to act.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Any wireless telecommunications facility that is not operated for a continuous period of six (6) months shall be considered abandoned, whether or not the permittee or operator of the facility intends to make use of it or any part of it. The said permittee or operator of the abandoned facility shall be under a duty to remove the abandoned wireless telecommunications facility. If such wireless facility is not removed within ninety (90) days of receipt of notice from the city of such abandonment, the city may remove such wireless telecommunications facility and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to it to ensure that such abandoned facilities are removed. Delay by the city in acting shall not in any way waive the city's right to act. The city may seek to have the wireless telecommunications facility removed regardless of the permittee's or operator's intent to operate the wireless telecommunications tower and regardless of any permits, federal, state or otherwise, which may have been granted. As used in this subsection (1), the word "operate" means used in a manner that is consistent with the current permitted use granted.

(2)

If the owner of an abandoned telecommunications facility wishes to resume use of such abandoned facility, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if such telecommunications facility was a new facility.

(Ord. No. 21-21, § 3, 5-17-21)