§ 211-9. Rehabilitation of site to eliminate nuisance.  


Latest version.
  • If the Chief or Official deem a site to be a public nuisance or that the use of a public pay telephone at a location unreasonably interferes or will unreasonably interfere with the use of a street or sidewalk or other public right-of-way, and a public pay telephone is removed from said location or a request for a permit at that location has been denied after the effective date of this section, the public pay telephone provider who has entered into a contract with the Town may request a reconsideration of this removal or denial, and a determination as to whether or not the site has been or can be rehabilitated to eliminate such public nuisance or interference by filing a written request with the Town Clerk, and the telephone provider shall provide notice of the request to area property owners in accordance with the requirements set forth in § 211-3. Nothing in this section shall be construed as preventing the Town after the effective date of the enactment of this section from requesting a determination of the rehabilitation of a site. Within 30 days after receipt of this request, the Chief or Official shall reinvestigate the site location and issue a written report. If the Chief or Official determines after such reinvestigation that the site location has been rehabilitated and that a public pay telephone may be returned to, or sited at, such location, the public pay telephone provider shall file a new permit application and fee with the Official. The Chief or Official shall provide a copy of the written report to the telephone provider who requested a reconsideration, and to property owners who are required to receive notice pursuant to § 211-3 by issuing a notice of determination.