§ 211-4. Permit term; removal; restoration of pavement; billing of costs.

A. 

An operation and maintenance permit for a public pay telephone shall continue in effect for the term set forth in the permit, unless:

(1) 

As a result of changed conditions, the public pay telephone unreasonably interferes or will unreasonably interfere with the use of a street or the use of property abutting the public pay telephone location by the public, or it constitutes a public nuisance;

(2) 

Removal of the pay telephone is required in connection with a street widening or other capital project in which event the permit shall, upon notice, immediately lapse without compensation.

(3) 

The owner is in breach of any of the terms of the permit.

(4) 

The owner fails to notify the Town of a change of address, or current telephone number where they may be contacted, or the name of the contact person.

B. 

The owner shall restore the sidewalk when the public pay telephone is removed. In the event the owner fails to remove the public pay telephone within the time period specified, the Official may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the owner, which expenses shall be a lien against the real property of owner, collectible in the same manner in which real estate taxes are collected.

C. 

The Chief or Official may find that a public pay telephone constitutes a public nuisance. The Chief shall give written notification to the Official who shall order its removal. The Official shall give the public pay telephone provider a minimum of 72 hours' notice by mail of the Town's intent to remove the public pay telephone and bill the provider for the cost of removal unless the provider has removed the public pay telephone within that time frame at the provider's cost. Notice shall be deemed complete upon mailing.

D. 

The Chief at his/her discretion, at any time, has the option to order the type of telephone services limited instead of ordering the removal of the telephone and in that instance shall notify the Official to amend the operation and maintenance permit accordingly.