Sec. 711.418. - Additional Registration terms and Permit conditions.

(a) Compliance with laws. Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations, and applicable objective design standards, in placing, maintaining or collocating a Communications Facility in City Rights-of-Way. (b) Placement, maintenance, or collocation; emergencies. A Registrant shall not commence to place, maintain or Collocate a Communications Facility in City Rights-of-Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the City of the placement, maintenance or collocation of a Communications Facility in City Rights-of-Way in the event of an emergency and shall obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in City Rights-of-Way in connection with the emergency. For all Routine Maintenance, the Registrant shall provide notice of such activity, including but not limited to the location and nature of such work, to the City's Chief of Development Services at least 48 hours prior to the commencement of such work. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement, maintenance, or collocation of a Communications Facility in City Rights-of-Way. Permits shall apply only to the areas of City Rights-of-Way specifically identified in the Permit. The City's Director of Public Works may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. (c) Safety practices; skills. All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement, maintenance or collocation of Communications Facilities. Registrant shall use and exercise due caution, care and skill in performing work in the City Rights-of-Way and shall take all reasonable steps to safeguard work site areas. (d) No property rights created. A Permit from the City constitutes authorization to undertake only certain activities on City Rights-of-Way in accordance with this Chapter, and does not create a property right or grant City to impinge upon the rights of others who may have an interest in the City's Rights-of-Way. (e) Coordination of scheduling. In the interest of the public's health, safety and welfare, upon request of the City, a Registrant shall coordinate placement, maintenance or collocation activities under a Permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject City Rights-of-Way and Registrant may be required to reasonably alter its placement, maintenance or collocation schedule as necessary so as to minimize disruptions and disturbance in the City's Rights-of-Way. (f) Use of industry standards and practices. A Registrant shall place, maintain or Collocate its Communications Facility in City Rights-of-Way in a manner consistent with accepted industry standards and practices and applicable law. (g) No interference with use of City Rights-of-Way. All Communications Facilities shall be placed, maintained or Collocated so as not to interfere with the use of the City's Rights-of-Way by the public to the extent allowed by applicable State law including, without limitation, Section 337.401(7), Florida Statutes and with the rights of property owners who adjoin any of the City's Rights-of-Way to the extent allowed by applicable State law including, without limitation, Section 337.401(7), Florida Statutes. The use of trenchless technology (i.e., directional bore method) for the installation of Underground Communications Facilities in the City's Rights-of-Way as well as joint trenching or the collocation of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. (h) Additional rules and regulations. The Director or JEA may promulgate reasonable rules and regulations pursuant to Part 5 of this Chapter concerning the placement, maintenance or collocation of a Communications Facility in City Rights-of-Way consistent with this Part and other applicable law. (i) Restoration of City Rights-of-Way. A Registrant shall, at its own expense, restore the City's Rights-of-Way to its original condition before such work after the completion of any placement, maintenance or collocation of a Communications Facility in City Rights-of-Way or each phase thereof. If the Registrant fails to make such restoration within 30 days, or such other reasonable time as may be required by the City under the circumstances, following the completion of such placement, maintenance, or collocation the City may perform restoration and charge the costs of the restoration against the Registrant in accordance with F.S. § 337.402, as amended. The Registrant shall guarantee its restoration work and shall correct any improper restoration work at its own expense for 12 months following the original completion of the work. (j) Removal or relocation. Removal or relocation at the direction of the Director of a Registrant's Communications Facility in City Rights-of-Way shall be governed by the provisions of F.S. §§ 337.401, 337.403 and 337.404, as amended, as applicable. (k) No warranties or representations. The City makes no warranties or representations regarding the fitness, suitability, or availability of City's Rights-of-Way for the Registrant's Communications Facilities and any performance of work or costs incurred by Registrant or provision of services shall be at Registrant's sole risk. Nothing in this Part shall affect the City's authority to add, vacate or abandon City Rights-of-Way and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned City Rights-of-Way for Communications Facilities. (l) City right to inspect. The City shall have the right to make such inspections of Communications Facilities placed, maintained or Collocated in City Rights-of-Way as it finds necessary to ensure compliance with this Chapter. (m) As-built Plans. Upon completion of work authorized by a Permit, in the event that field work results in changes from the Permit plans, the Registrant shall furnish to the City As-built Plans, at no cost to the City. This requirement shall be in addition to, and not in lieu of, any filings the Registrant is required to make under the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, F.S., as amended. The fact that such As-built Plans are on file with the City shall in no way abrogate the duty of any Person to comply with the aforesaid Underground Facility Damage Prevention and Safety Act when performing work in the City Rights-of-Way. Upon completion of work authorized by a Permit for a Communications Facility, in the event that the field work results in changes from the Permit plans, the Registrant shall furnish to the City the exact Global Positioning System (GPS) coordinates of the Communications Facility. (n) Americans with Disabilities Act. The placement, maintenance or collocation of all Communications Facilities shall comply with the Americans With Disabilities Act, 42 U.S.C. Sec. 12101, et. seq., as amended, and regulations promulgated thereunder. (o) Historic preservation regulations. A Permit shall be denied for failure to comply with applicable historic preservation regulations, including local, State, and federal rules and regulations. (p) Public records. Any proprietary confidential business information obtained from a Registrant in connection with a Permit application shall be held confidential by the City to the extent required by Section 202.195, F.S., as amended, provided the Registrant so notifies the City which information is confidential in accordance with Florida Law, including Chapter 119, F.S. (q) Airport airspace protections. A Registrant shall comply with Chapter 333, F.S., and all State and federal laws and regulations pertaining to airport airspace protections. (r) Cost of work and Permit errors. All work permitted under this Part shall be at the sole expense of the Registrant. The issuance of a Permit shall not prevent the Director from thereafter requiring the correction of errors when in violation of this Part. (s) Correction of harmful conditions. If, at any time, the City reasonably determines that a Communications Facility is, or has caused a condition that is harmful to the health, safety or general welfare of any Person, then the Provider shall, at its own expense, correct or eliminate all such conditions after being provided reasonable notice. In an emergency, as determined by the Director, when the Provider is not immediately available or is unable to provide the necessary immediate repairs to any Communications Facility that is a threat to public safety, then the City shall have the right to remove, make repairs to or eliminate same with the total cost being charged to and paid for by the Provider upon demand. The City may charge the cost incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in Subpart A if the Provider fails to remit payment within 30 days of notification. (t) Remedy of hazardous conditions. If, at any time, a condition exists that the Director reasonably determines is an emergency that is potentially hazardous or life threatening to any Person or is a threat to health or safety of the general public, and to remedy such condition the City reasonably determines that a Provider must temporarily relocate or temporarily shut off service or transmissions through a specific Communications Facility, then the City, as an appropriate exercise of its police powers, may order the Provider to immediately perform such temporary relocation or shut off until the condition has been remedied, and to do so at its own expense and without liability to or recourse against the City. In such an emergency, when the Provider is not immediately available or is unable to provide the necessary immediate relocation or shut off of the specific Communications Facility, then the City shall have the right to perform, or cause to be performed, such temporary relocation or shut off until the condition has been remedied with the total cost being charged to and paid for by the Provider upon demand. The City may charge the cost incurred by the City relating to indemnity or abandonment to the Surety Fund set forth in this Subpart A if the Provider fails to remit payment within 30 days of notification. (u) Term of Permit. A Permit issued pursuant to this Part shall remain effective for one year unless extended by the Director for up to an additional one-year period. The Director's Permit extension shall not exceed one year. (Ord. 2017-863-E , § 4; Ord. 2019-770-E , § 7)