§ 405-24. Appeal From Order Requiring Removal or Modification of a Public Pay Telephone.

(a)

The owner of a public pay telephone, any recognized community council, or neighborhood business association may appeal any order issued by the safety director pursuant to Section 405-23 to the city solicitor within five (5) working days after issuance of the director of public works' order.

The solicitor, or the solicitor's designee, shall commence to hear the merits of an appeal within thirty (30) days of the filing of an appeal. The solicitor, or the solicitor's designee, shall render a decision within ten (10) days of the date of the hearing, which decision may affirm, disaffirm, or grant exceptions from the order. If the solicitor, or the solicitor's designee, affirms a determination of the safety director, the owner shall have three (3) working days to remove or make the service changes to the public pay telephone in question. If the owner fails to correct the violations within that time, the public pay telephone may be removed by the director of public works at the owner's cost. Such costs shall include the cost of removing and storing the telephone, the cost of removing any installation ancillary to the telephone, and the cost of restoring the property to its original condition.

(b)

Nothing in this chapter shall be read so as to limit the authority of the Ohio Public Utilities Commission to regulate public pay telephones within the city of Cincinnati.

(Ordained by Ord. No. 274-1995, eff. Sept. 1, 1995)