The Department of Transportation is responsible for administering and enforcing this subtitle. Ord. 19-263

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation shall adopt rules and regulations to carry out this subtitle. These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle. Ord. 19-263 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Board of Estimates may set and, from time to time, modify the annual charges imposed for the use of the conduit system. These charges shall be billed and paid as the Board of Estimates directs. Ord. 19-263

A system of conduits for the reception of electrical, communication, and service cables, wires, or similar facilities shall be constructed within the territory or districts determined by the Director pursuant to Chapter 200, Laws of Maryland 1892. Ord. 19-263

The Director is responsible for maintaining this conduit system. Ord. 19-263

The Director shall: cause to be prepared the plans and specifications for the work required to construct, maintain, and repair the conduit system; and superintend that work. Ord. 19-263

The Director may employ the labor and purchase the materials necessary to enable the Department to perform the work, or so much of the work that it considers to be in the best interest of the City for the Department to perform. Ord. 19-263

Use of the conduit system for facility installations is available only to persons to whom the Department has issued one or more permits that expressly authorize those facility installations. In addition to permits, the Department may require the person responsible for the installation to obtain other authorizations, including lease agreements, prior to any installation. No person may install facilities in the conduit system without the permit and other authorizations required under this section. The procedures in paragraph (2) of this subsection for the removal of an unauthorized installation are in addition to any other civil or criminal enforcement action or penalty authorized by Part 4 {“Civil and Criminal Penalties”} of this subtitle or otherwise authorized by law. If an installation is determined to have been installed without the required permit or other authorizations:the Department shall notify the person responsible for the installation and order its removal; the person responsible for the installation shall remove the installation within 30 days of the notice; and if the installation is not removed within the required period:the Department may remove the installation; and the person responsible for the installation is liable to the Department for all expenses of the removal and of any consequent repairs needed to be made to the conduit. Ord. 19-263

When the conduit system or any of its parts have been completed and made ready for occupancy and the rates of rental have been set pursuant to this subtitle, the Director shall lease space in the conduit system to any person that complies with the conditions prescribed by this subtitle and with any further conditions that the Director specifies. A person authorized to install facilities under this subtitle must install the facilities within 6 months from the date the installation is authorized. Ord. 19-263

The Director may:order facilities to be removed from above the streets and placed underground in the conduit system in accordance with Chapter 200, Laws of Maryland 1892; order facilities to be moved from one underground conduit location to another; and use methods that, in the judgment of the Director, are necessary to protect and promote the health, safety, and general welfare of the City. The person responsible for the facilities shall comply with a relocation order issued under this section within 150 days of the order. If the facilities are not relocated within 6 months of the order:the Department may relocate the facilities and remove any poles remaining above the streets; and the person responsible for the facilities is liable to the Department for all expenses of the relocation and of the removal of poles remaining above the streets. Ord. 19-263

No person may tamper with, open, or in any way interfere with any of the manholes or facilities in the conduit system without first having obtained: a permit from the Department; and all other authorizations required by the Department. Ord. 19-263

The Department shall survey or otherwise identify and retain records of:each person whose facilities have been installed in the conduit system; the nature of the facilities installed by that person; and the total linear footage of conduit occupied by those facilities. No later than June 30 of each year, each person whose facilities have been installed in the conduit system shall report annually to the Department, in the format that the Department requires. The report required by this subsection shall consist of:one or more maps showing the location of all facilities installed in the conduit system by or on behalf of the person; the total linear footage of conduit occupied by those facilities; and any other information that the Department deems necessary to include in the report. No person that files a report under this section may intentionally misrepresent:the nature or location of the person’s facilities that have been installed in the conduit system; the total linear feet of conduit occupied by those facilities; or any other information provided in the report. Ord. 19-263

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Each day that a violation continues is a separate offense. Ord. 19-263

Any person who violates a provision of this subtitle, a rule or regulation adopted under this subtitle, a condition imposed on a permit issued under this subtitle, or a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more that $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 19-263