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(a) Nothing in this chapter or any rights-of-way construction permit should be construed so as to grant any right or interest in any rights-of-way or public property or place. No approval by the City and no location of any pipe, conduit, duct, pole or structure of grantee in the rights-of-way shall be or give rise to any vested interest or property right in the rights-of-way and such pipe, conduit, duct, pole or structure shall be removed or modified by grantee at its own expense whenever the Director of Engineering Services determines that the public's health, safety or welfare would be enhanced thereby.
(b) Nothing in this chapter or any rights-of-way construction permit shall be construed to prevent the City from constructing, maintaining, repairing or relocating any City utility, including street lighting, communications or like facilities; grading, paving, maintaining, repairing, relocating or altering any street, public property or rights-of-way; or constructing, maintaining, relocating, or repairing any sidewalk or other public work or improvement.
(Ord. 2008-32. Passed 10-15-08.)
For failure to comply with any provision of this chapter, the penalty shall be a civil forfeiture, payable to the City, in the amount of five hundred dollars ($500.00) per day for each day of violation. In addition, for failure to timely comply with a notice by the City Manager to move, remove, or rearrange facilities, an additional civil forfeiture equal to any costs incurred by the City as a result of such failure, including but not limited to any penalties or liquidated damages charged the City by its contractors occasioned thereby, shall be imposed.
(Ord. 2008-32. Passed 10-15-08.)