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Ordinance No. 20083
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Ordinance No. 20083
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Last modified
6/10/2010 3:48:59 PM
Creation date
1/12/2009 1:06:54 PM
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Council Ordinances
CMO_Document_Number
20083
Document_Title
Ordinance concerning telecommunications; adding 3.400, 3.405, 3.410, 3.415, 3.420, 3.425, & 3.430 to EC, 1971; amending 3.005, 7.290, 7.295, 7.297, 7.299, 7.300, & 7.302 of EC; and declaring an emergency.
Adopted_Date
4/28/1997
Approved Date
4/28/1997
CMO_Effective_Date
4/28/1997
Signer
James D. Torrey
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a penalty of ten percent (10%) of the amount of the fee due in addition to the <br />amount of the fee. <br />(b) Any registrant or licensee who has not been granted an <br />extension of time for remittance of a fee due, and who fails to pay any <br />delinquent remittance on or before a period of 30 days following the date on <br />which the remittance first becomes delinquent shall pay a second <br />delinquency penalty of fifteen percent (15%) of the amount of the fee due <br />plus the amount of the fee and the ten percent (10%) penalty first imposed. <br />(c) If the city determines that the nonpayment of any remittance <br />due under this section is due to fraud or intent to evade the provisions <br />hereof, a penalty of twenty-five percent (25%) of the amount of the fee shall <br />be added thereto in addition to the penalties stated in subparagraphs (b) and <br />(c) of this subsection. <br />(d) In addition to the penalties imposed, any .registrant or licensee <br />who fails to remit any fee imposed by this section shall pay interest at the <br />rate of 1.5% per month or fractions thereof, without proration for portions of <br />a month, on the amount of the fee due, exclusive of penalties, from the date <br />on which the remittance first becomes delinquent, until paid. <br />(e) Every penalty imposed, and such interest as accrues under the <br />provisions of this section, shall be merged with, and become a part of, the <br />fee required to be paid. <br />(f) Any person required to pay a penalty under this section may <br />appeal to the city manager as provided in section 2.021 of this code. <br />3.420 Telecommunications -Inspection and Conditions Relating to Licensee's <br />Facilities. <br />(1) Every licensee's communications facility shall be subject to the right <br />of periodic inspection and testing by the city to determine compliance with the provisions <br />of this code, a franchise or license agreement, or other applicable laws that the city has <br />some responsibility to enforce. The city shall have the right, upon request, to be notified <br />and be present when the licensee's communications facility is tested by the operator. <br />Each operator must respond to requests for information regarding its existing system and <br />plans for the system as the city may from time to time issue, including requests for <br />information regarding its plans for construction, operation and repair and the purposes for <br />which the facility is being constructed, operated or repaired. The city engineer may require <br />such information including GIS format or other drawings, surveys and plans as deemed <br />necessary to determine whether the proposed work conforms to the requirements of this <br />code. , <br />(2) Each operator of a communications facility that places facilities <br />underground shall be a member of the regional notification center for subsurface <br />installations (Underground Services Alert) and shall field mark the locations of its <br />underground communications facilities upon request. The operator shall locate its facilities <br />Ordinance - 8 <br />
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