(a) Definition. In this section, "obstruction" means any object or structure that blocks or impedes the construction or maintenance of public works, including facilities that provide electricity, gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, video, water, or other services to customers; shrubbery or plants of any kind; and storage materials.
(b) Duty to remove obstruction to construction or maintenance of public works. A person who places or maintains an obstruction in, on, over, under or through a County road, easement, or right-of-way shall promptly shift, adjust, accommodate, or remove the obstruction, in consultation with the County. If the person fails to act promptly and diligently, as determined by the Department, the County shall send a notice to the person by first class mail, postage prepaid, and by email if an email address is available. The notice shall require the person to shift, adjust, accommodate, or remove the obstruction within 45 days of the date of the notice.
(c) Costs.
(1) If a person fails or refuses to shift, adjust, accommodate, or remove an obstruction within 45 days of the date of notice from the County, the Department may suspend any active permits or issuance of any permit until the obstruction is shifted, adjusted, accommodated, or removed.
(2) If a person fails or refuses to shift, adjust, accommodate, or remove an obstruction within 45 days of the date of notice from the County, the Department may shift, adjust, accommodate, or remove the obstruction and the Director may deduct the cost of performing the work from any security paid to the County by the person refusing to do the work or may otherwise charge the person having or maintaining the obstruction for the cost of performing the work.
(d) Abandonment of facilities.
(1) If an owner discontinues use of an above-ground or underground facility in a County road, easement, or right-of-way for one year or more, the facility shall be considered abandoned, but shall remain the responsibility of the owner. An appropriately secured service drop that does not conflict with existing or new facilities may not be considered abandoned if, upon a customer request, it can be put back into use.
(2) The owner shall immediately remove an abandoned above-ground facility in a County road, easement, or right-of-way at the owner's expense.
(3) Removal of a facility includes removal of all items appurtenant to the facility, such as man hole covers and pull boxes.
(4) (i) Except as provided in (d)(4)(ii), an underground facility may be abandoned in place if a permanent record of the existence and accurate location of the abandoned facility is provided to the Department upon abandonment.
(ii) If an abandoned underground facility prevents or makes impracticable any improvement to or in a County road, easement, or right-of-way, the owner shall remove the abandoned underground facility at the owner's expense within 30 days of the Department's request.
(5) If an owner fails or refuses to remove an abandoned facility in a County road, easement, or right-of-way, after 60 days from the date of a request from the Department, the Department may remove the abandoned facility, and the Director shall charge the person having or maintaining the abandoned facility for the cost of performing the work.
(e) Sanction for violation. Notwithstanding any other provision of this article, failure to comply with this section shall be a Class B civil offense, with each day constituting a separate violation. Civil fines may not exceed any limits set forth in a franchise agreement.
(1985 Code, Art. 25, § 25-1-104) (Bill No. 63-04; Bill No. 2-20)