§ 104-9. Involuntary termination of registration.

(a)

The city may terminate a registration if:

(1)

A federal or state authority suspends, denies, revokes, or otherwise fails to grant a registrant any certification or license required to provide communications services;

(2)

The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary danger to the general public or other users of the public rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice;

(3)

The registrant violates Florida Statutes § 843.025, as amended;

(4)

The registrant violates Florida Statutes § 843.165, as amended; or

(5)

The abandonment by the registrant of all of its communications facilities in public rights-of-way and noncompliance with section 104-16 hereof.

(b)

Prior to termination, the registrant shall be notified by the city manager, or his or her designee, with a written notice setting forth all matters pertinent to the proposed termination action, including which of (1) through (5) above is applicable as the reason therefore, and describing the proposed action of the city with respect thereto. The registrant shall have 60 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the city manager to accomplish the same. If the plan is rejected, the city manager shall provide written notice of such rejection to the registrant and shall make a recommendation to the mayor and city commission regarding a decision as to termination of registration. The city manager, or his or her designee, shall provide notice to registrant of any resolution or other action to be taken up at any meeting of the mayor and city commission and registrant shall be granted the opportunity to be heard at such meeting. A decision by a city to terminate a registration may only be accomplished by an action of the mayor and city commission. A registrant shall be notified by written notice of any decision by the mayor and city commission to terminate its registration. Such written notice shall be sent within seven days after the decision.

(c)

In the event of termination, the former registrant shall: (1) notify the city of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or (2) provide the city with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this subsection (c), which determination of noncompliance is subject to appeal as provided in section 104-8 hereof, the city may exercise any remedies or rights it has at law or in equity, including but not limited to requiring the registrant within 90 days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its original condition before the removal.

(d)

In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights-of-way of the city.

(e)

In the event of termination of a registration, this section does not authorize the city to cause the removal of communications facilities used to provide another service for which the registrant or another person who owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is registered with the city, if required.

(Ord. No. 2001-3306, § 1, 5-16-01; Ord. No. 2015-3924, § 1, 2-11-15)