Ord 2011-024 - Laserfiche WebLink

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include the airwaves above a public right -of -way with regard to wireless telecommunications The term is synonymous with "street," "public way," and "right(s) -of -way. Right -of -Wav User or ROW User means a Person, its successors and assigns that uses the Right - of -Way for purposes of work, excavation provision of services or to install construct maintain or repair facilities thereon, including but not limited to landowners and services providers TXDOT means the Texas Department of Transportation. Sec. 74.152. — Enforcement (a) A Person or ROW User commits an offense if the Person or ROW User: (1) Performs, authorizes, directs, or supervises construction without a valid permit required under this article. (2) Violates any provision of this article. (3) Fails to comply with restrictions or requirements of a permit issued pursuant to this article. (4) Performs an activity in a Right-of-Way in violation of a permit issued under this article (5) Performs an activity in a Right -of -Way after a permit has been suspended or revoked (6) Fails to remove, relocate or alter facilities in the public right -of -way within the time prescribed in this ordinance. (b) This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for violation of this article (c) Prior to initiation of civil enforcement litigation a person that has violated a provision of this article must be given the opportunity to correct the violation within the timeframe specified by the Director. This section does not prohibit the Director or the City from taking enforcement action as to asp t or present violations of this article notwithstanding their correction (d) The City may institute all appropriate legal action to prevent any ROW User from using the Right-of-Way without a valid permit unless the ROW User has complied with the terms of this article. Sec. 74 -153. - Penalties.