(A) Any person performing construction in city rights-of-way shall perform such construction in a manner that complies with this chapter, other applicable local, state and federal laws.
(B) Facilities installed after the effective date of this chapter shall be presumed to be improperly constructed and substandard if:
(1) The construction endangers, or is reasonably likely to endanger, the general public or persons using the constructed right-of-way;
(2) The facilities do not meet applicable city codes, state or federal law;
(3) The facilities are not capable of being reasonably located or as otherwise required by this chapter;
(4) The facilities are not located in the proper place in accordance with this chapter, the directives provided by the city’s Director of Public Works pursuant to this chapter;
(5) The facilities are placed in an area that disturbs facilities which are city-owned or leased;
(6) Facilities constructed or to be constructed are within three feet horizontally of such city-owned or leased facility; and/or
(7) Substandard construction is unacceptable to the city under this chapter and may be ameliorated by the city or by a third party at the direction of the city, and the user shall be liable for the costs of such amelioration. Before amelioration is undertaken by the city or by a third party at the direction of the city, the user shall be provided notice and allowed ten days, or a longer period of time if requested by the user and granted by the city’s Director of Public Works, to bring the construction up to applicable standards acceptable to the city.
(Ord. 131101, passed 11-23-2013) Penalty, see § 155.99