ORD 1743 - Laserfiche WebLink

E. An approval for a personal wireless service facility may be modified or revoked by the Planning Commission as described in Section 18.110.030. F. Section 18.110.270 does not apply to pre-existing legal nonconforming uses. 18.110.280 Change in Federal or State Regulations All personal wireless service facilities shall meet the current standards and re~,ulations of the Federal Communications Commission. the California Public Utilities CZmmission. and any other agency of the federal or state government with the authority to regulate personal wireless service providers. If such standards and regulations are changed, the personal wireless service providers shall bring its facilities into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations. unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless service facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the personal wireless service provider's expense. 18.110.290 Indemnity. and Liability A. The personal wireless service provider shall defend. indemnify and hold harmless the City or any of its boards. commissions. agents. officers. and employees from any claim. action or proceeding against the City, its boards. commissions. agents. o~cers. or employees to attack, set aside. void. or annul. the approval of the project, unless such claim. action. or proceeding is based on the City's negligence or misconduct. when such claim or action is brought within the time period provided for in applicable state and local statutes. The City shall promptly notify the provider(s) of any such claim. action or proceeding. Nothing contained in this Subsection shall prohibit the City from participating in a defense of any claim. action. or proceeding if the City bears its own attorney's fees and costs. and the City defends the action in good faith. B. Personal wireless service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their personal wireless service facilities within the City. This liability shall include cleanup. injury or damage to persons or property. Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. C. Personal wireless service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communication Commission's standards. P g=20 RZ-97-7 5/19/98 RZ977AgA.sam/RKE