(A) The Public Works Department may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the Public Works Department may require. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at his, her or their own cost and expense and upon reasonable written notice by the city, promptly protect or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney’s fees.
(B) Any directive by the Public Works Department shall be based upon the following:
(1) The facility or structure was installed, erected or is being maintained contrary to law, or determined by the Public Works Department to be structurally unsound or defective;
(2) The facility or structure constitutes a nuisance as defined under state statute or city ordinance; (This section shall not, however, be deemed to diminish the vehicle impound authority of the Police Department.)
(3) The authority under which the facility or structure was installed has expired or has been revoked;
(4) The facility or structure is not in conformity with public improvements consistent with the General Plan of the city for the area;
(5) The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or
(6) The grades or lines of the public way are to be altered or changed.
(Prior Code, § 24.03.080) (Ord. 98-38, passed 8-20-1998)