§ 7. Underground installation; relocation.

(a)

To the extent required by applicable town rules and regulations and not inconsistent with applicable PSC rules and regulations, a registrant shall install its facilities underground.

(b)

Every registrant which places or constructs telecommunications facilities underground shall maintain appropriate participation in the regional notification center for subsurface installations.

(c)

Any telecommunications facilities heretofore or hereafter placed upon, under, over, or along any public rights-of-way that is found by the town to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such public rights-of-way shall, upon written notice to the registrant or its agent, be removed or relocated, within 30 days of such notice, by such registrant at its own expense in accordance F.S. § 337.403. The town manager may extend the time within which a registrant shall remove or relocate a telecommunications facility, for good cause shown.

(d)

The registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, gas, sewer, water main, pipe cable, conduit, fiber optic, or other pathway or any other facilities belonging to the town. The registrant shall be liable to the town for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the town, and the registrant shall pay such costs upon demand. In the case of an emergency, the town may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the town may cause the repairs to be made at the facility's owner expense, utilizing town employees, agents or contractors, charge any and all costs, and require reimbursement within 30 days after the submission of the bill by the town to the registrant. In all other non-emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the 30 calendar days after receiving notice, the town may, cause the repairs to be made at the facility's owner expense, utilizing town employees, agents or contractors, charge any and all costs, and require reimbursement within 30 days after the submission of the bill by the town to the registrant.

(e)

Subject to F.S. § 337-403, whenever an order of the town requires such removal or change in the location of any telecommunications facility from the public rights-of-way, and the facility owner fails to remove or change the same at its own expense to conform to the directive within the time stated in the notice, the town may proceed to cause the telecommunications facility to be removed. The expense thereby incurred except as provided in F.S. § 337.403(1)(a)(c), shall be paid out of any money available therefor, and such expense shall be charged against the owner of the telecommunications facility and levied, collected and paid to the town.

(f)

Subject to F.S. § 337.404, whenever it shall be necessary for the town to remove or relocate any telecommunications facility, the owner of the telecommunications facility, or the owner's chief agent, shall be given written notice of such removal or relocation and requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than 20 nor more than 30 days in which to file an appeal with the town commission to contest the reasonableness of the order. Upon receipt of a written appeal, the town commission shall place the matter on the commission's agenda for consideration within 45 working days. Should the owner or the owner's representative not appear the determination of the cost to the owner shall be final, in accordance with F.S. § 337.404.

(g)

A final order of the town imposed pursuant to Florida Statutes, and applicable provisions of the Town Code, if any, shall constitute a lien on any property of the owner and may be enforced as provided therein.

(h)

The town retains the right and privilege to cut or move any facilities located within the public rights-of-way of the town, as the town manager in his/her reasonable discretion, may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the town shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility.

(i)

Upon abandonment of a facility within the public rights-of-way of the town, the owner of the facility shall notify the town within 90 days. Following receipt of such notice, the town may direct the facility owner to remove all or any portion of the facility if the town determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the town does not direct the removal of the abandoned facility by the owner of the facility, and the facility owner chooses not to remove its facilities, then such owner, by its notice of abandonment to the town, shall be deemed to consent to the alteration or removal of all, or any portion of the facility by another utility or person.

(Ord. No. 01-3, § 1, 10-19-01)