[Ord. No. 2374 §1, 2-17-2004]
The City shall be responsible for the continued administration
of this Code and any agreement or franchises granted hereunder. The
City may delegate this authority from time to time in any manner consistent
with applicable law, provided however, that the City shall not relegate
enforcement authority.
[Ord. No. 2374 §1, 2-17-2004]
Unless otherwise provided herein or by any otherwise governing
ordinance or law, a provider may appeal any decision of the City pursuant
to this Code to the Governing Body of City within fifteen (15) days
of such decision where, upon written request of the provider specifying
this provision and including the details of the alleged claim, an
evidentiary hearing shall be held on such appeal.
[Ord. No. 2374 §1, 2-17-2004]
A provider shall not be relieved of its obligation to comply
with any of the provisions of this Code or its applicable agreement
or franchise by reason of any failure of the City to enforce prompt
compliance.
[Ord. No. 2374 §1, 2-17-2004]
Any person violating any provision of this Code shall be subject
to such penalty and requirements as set forth in the ROW Ordinance.
This Code shall be deemed incorporated into the ROW Ordinance and
any violation hereof shall be deemed a violation of that ordinance.
[Ord. No. 2374 §1, 2-17-2004]
All public notices or ordinances required to be published by
law shall be published in an official newspaper serving the City.
A grantee shall be responsible for all costs of publication that may
be required with respect to its agreement or franchise or any amendments
thereto.
[Ord. No. 2374 §1, 2-17-2004]
If any material Section of this Code or an agreement or franchise
granted pursuant to it is held by a governmental authority of competent
jurisdiction to be invalid or unlawful as conflicting with applicable
laws now or hereafter in effect or is held by a court or competent
governmental authority to be modified in any way in order to conform
to the requirements of any such applicable laws, such provision shall
be considered a separate, distinct and independent part of the Code,
agreement or franchise and, to the extent possible, such holding shall
not affect the validity and enforceability of all other provisions
therein.