Sacramento Municipal Code Art. III Operation of Telecommunications Facilities

A. Pre-installation reporting. The applicant shall provide the director a radio frequency report as set forth in section 12.14.120.

B. Post-installation certification. Within 60 days of commencing operation of a telecommunications facility, the permittee shall provide the director a post-installation certification prepared in accordance with the telecommunication facility standards confirming that the telecommunications facility is compliant with FCC regulations concerning radio frequency emissions.

C. Post-modification certification. Within 60 days of modifying a permitted telecommunications facility, the permittee shall perform subsequent radio frequency reporting and testing in the manner set forth in the telecommunication facility standards. (Ord. 2020-0018 § 2)

A. All telecommunications facilities must be maintained in good condition, including ensuring the facilities are reasonably free of:

• 1. Dirt or grease;
• 2. Chipped, faded, peeling, or cracked paint;
• 3. Rust or corrosion;
• 4. Cracks, dents, or discoloration;
• 5. Missing, discolored, or damaged camouflage;
• 6. Graffiti, bills, stickers, advertisements, litter, or debris;
• 7. Broken or misshapen structural parts; and
• 8. Damage from any cause.

B. All telecommunications facilities shall be operated and maintained at all times in compliance with all laws and regulations, including the telecommunication facility standards;

C. Within 30 days after the anniversary date of the permit, the permittee of a telecommunications facility shall annually inspect each site to ensure compliance with the standards set forth in this section and all conditions of approval. (Ord. 2020-0018 § 2)

A. A permittee, including its agents and contractors, shall maintain at all times, in full force and effect, at its sole expense, and as a condition of any permit granted under this chapter, insurance as described in the permittee's master license agreement with the City. (Ord. 2020-0018 § 2)

The permittee shall defend, indemnify and hold harmless the city for any damages, claims, or actions arising from or in any way related to the permittee's installation, operation, maintenance, and removal of the telecommunications facility as further described in the permittee's master license agreement with the city. (Ord. 2020-0018 § 2)

A. A telecommunications facility that has not been operational for six months or more is deemed abandoned and shall be promptly removed and, as applicable, the area restored to its prior condition at the permittee's sole cost and expense within 60 days after abandonment.

B. The owner of a telecommunications facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within 30 days of ceasing or abandoning use.

• C. Violation of subsection B is grounds for:

• 1. Revocation or modification of the permit and agreement;
• 2. Removal of the facilities by the city at the owner's expense; and
• 3. Any other remedies permitted under any applicable permit, this code, or by law. (Ord. 2020-0018 § 2)

A. Within 60 days of the expiration date of the permit, or earlier revocation or abandonment, the permittee shall remove its telecommunications facility and restore the site to its prior condition except for any improvements to be retained by the city at its discretion. Removal must be in accordance with all applicable ordinances, rules, regulations, and laws. The facility shall be removed, at no cost or expense to the city.

B. Upon a showing of good cause, the director may extend the 60-day period.

C. A violation of this section is grounds for:

1. Removal of the facilities by the city at the owner's expense; and

2. Any other remedies permitted under any applicable permit, this code, or under state or federal law. (Ord. 2020-0018 § 2)

A. Overview. The city may take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve city-owned property. Such actions may temporarily or permanently interfere with a telecommunications facility. The city shall in all cases, other than emergencies, give the permittee written notification of such planned, non-emergency actions no fewer than 14 days before such actions.

B. Summary Removal. If the director determines that the condition or placement of a telecommunications facility on city-owned property is a dangerous condition, obstructs the public right-of-way, is an imminent threat to public safety, or that other exigent circumstances require immediate corrective action, the director may cause the facility to be removed immediately without advance notice or a hearing. Written notice must include the basis for removal and must be served upon the permittee and owner within 5 business days of removal. The city shall preserve all property removed for the permittee or owner to claim. If the permittee or owner fails to claim the property within 60 days, the property will be treated as abandoned and subject to disposal or reuse in the city's sole discretion.

C. Non-liability for removal. If the city removes a telecommunications facility pursuant to this section, the city has no liability for any damage to the facility that may result from removal. The city has no obligation to restore such facility. The permittee has no claim if the city removes a telecommunications facility pursuant to this section. (Ord. 2020-0018 § 2)