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