(A) Notice. Within 90 calendar days following written notice from the city, a utility shall, at its sole expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance or installation of any city improvement or the operations of the city in or upon rights-of-way.
(B) Removal of unauthorized facilities. Within 30 calendar days following written notice from the city, any utility that owns, controls or maintains any unauthorized facility or related appurtenances within any right-of-way shall, at its sole expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without the prior issuance of a required permit in violation of this chapter; or
(4) If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
(C) Emergency removal or relocation of facilities. The city retains the right and privilege to cut or move any facilities located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of facilities. Upon abandonment of a facility within a right-of-way of the city, the utility shall notify the city within 90 calendar days. Following receipt of such notice, the city may direct the utility to remove all or any portion of the facility if the Public Works Director or designee determines that such removal will be in the best interests of the public health, safety and welfare. In the event that the city does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the city, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility, entity or person.
(Ord. 19-21, passed 8-13-2019)