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(3) <br /> <br />Any land use certificate for a pay phone facility issued after January <br />1, 2002, shall be valid for five (5) years from the date of issuance. <br />All land use certificates for pay phone facilities issued pdor to <br />January 1, 2002, shall be valid for five (5) years commencing <br />January 1, 2002. <br /> <br />(4) <br /> <br />Upon determination by the headng officer that an extedor pay <br />phone constitutes a public nuisance pursuant to Article VI of <br />Chapter 17 (Sections 17-71 through 17-99, inclusive), the land use <br />certificate for such exterior pay phone shall be revoked. <br /> <br />(5) <br /> <br />Notwithstanding the foregoing, no land use certificate for a pay <br />phone facility shall be issued that would violate Section 17-74, or <br />any condition imposed on an existing conditional use permit, <br />variance, or minor exception pursuant to Section 41-638 <br /> <br /> Section 5 If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, phrase or portion thereof <br />irrespective of the fact that any one or more sections, subsections, sentences, clauses, <br />phrases or portions be declared invalid or unconstitutional. <br /> <br />ADOPTED this 4th dayof February ,2002. <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attomey <br /> <br />Kylee D,~dette - <br />Deputy.~ity Attorney <br /> <br />Ordinance No. NS-2489 <br />Page 4 of 5 <br /> <br /> <br />