§ 191-5. Term; termination.  


Latest version.
  • A.

    An Operation and Maintenance permit for a public pay telephone shall be valid for a period not to exceed five (5) years from the permit's effective date, unless:

    (1)

    As a result of changed conditions, the public pay telephone unreasonably interferes or will unreasonably interfere with the use of a [s]Street or the use of property abutting the public pay telephone location by the public, or it constitutes a Public Nuisance;

    (2)

    removal of the pay telephone is required in connection with a [s]Street widening or other capital project in which event the permit shall, upon notice, immediately lapse without compensation.

    (3)

    the Owner is in breach of any of the terms of the [contract] agreement with the City.

    (4)

    the Owner fails to notify the City of a change of address, or current telephone number where they may be contacted, or the name of the contact person.

    B.

    If the permit is revoked under any of the conditions in Section 191-5. A, above, the city shall notify the owner in writing and order the removal of the public pay telephone at the owner's cost. The Owner shall restore the sidewalk when the public pay telephone is removed. In the event the Owner fails to remove the public pay telephone within the time period specified in the notice, the Director may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the Owner.

    C.

    The Chief may find that a public pay telephone constitutes a Public Nuisance. The Chief shall give written notification to the Director who shall order its removal. The Director shall give the public pay telephone provider a minimum of seventy-two (72) hours notice by mail of the city's intent to remove the public pay telephone and bill the provider for the cost of removal and restoration of the sidewalk in accordance with city standards, unless the provider has removed the public pay telephone and restored the sidewalk within that time frame at the provider's cost. Notice shall be deemed complete upon mailing.

    D.

    The Chief at his/her discretion, at any time, has the option to order the type of telephone services limited instead of ordering the removal of the telephone. In that instance, the Chief shall notify the Director to amend the operation and maintenance permit accordingly. The Director shall immediately notify the Owner, and shall issue an amended operation and maintenance permit for the relevant pay telephone within seventy-two (72) hours. The Owner shall provide written verification to the Director that the service has been limited in accordance with the amended permit, and that a notice, in addition to the placard, has been posted on said pay telephone, within seventy-two (72) hours of receipt of the amended permit.