(A) Whenever the Director deems it necessary to remove, alter, change, relocate, or adapt the underground or overhead facilities of a public service provider in the public right-of-way due to the city's reconstruction, widening, or straightening of streets; placement or replacement of water, wastewater, or storm water facilities; installation of traffic signals, traffic signs, and streetlights; or construction of any other city public improvement project, the public service provider that owns the facilities shall conform its facilities to the city's project.
(B) The facilities must be conformed at the public service provider's expense within 120 days after the Director sends final plans and notice to relocate to the public service provider, unless:
(1) A different conformance schedule for the work is approved by the Director, or
(2) The service provider's franchise or other agreement with the city provides for different relocation requirements.
(C) Facilities of a public service provider that are not conformed within the 120-day notice period or within the approved schedule or such additional time as may have been granted by the city, may be deemed abandoned. Prior to taking any action, the city will provide the service provider ten days notice of intent to act. The city, and any person working under contract with the city, will not be liable for any damage to or destruction or removal of the facilities, or for any interruption or termination of service through the facilities, caused by the activity of the city, or its contractors, in carrying out the work described in division (A) above.
(D) A person performing construction within the public right-of-way for the purpose of conforming facilities at the request of the city in advance preparation for a public improvement project shall obtain a permit under this chapter.
(E) The permittee shall maintain the construction area in accordance with the requirements of the Public Right of Way Permitting and Construction Manual or until the work order authorizing the construction of the public improvement project is issued by the city, whichever comes first.
(Ord. 06-2006-46, passed 6-13-06) Penalty, see § 157.99