(A) Compliance. Placement, location, and relocation of facilities must comply with this chapter, with other applicable law and with Minn. Rules Parts 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Corridors. The city may assign specific corridors within public property or any particular segment thereof as may be necessary for each type of facilities that is or, pursuant to current technology, the city expects will some day be located within public property. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(C) Limitation of space. To protect health, safety, and welfare, or when necessary to protect the public property and its current use, the city shall have the power to prohibit or the city shall strive, to the extent possible, to accommodate all existing and potential users of the public property, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the conditions of the public property, the time of year with respect to essential utilities, the protection of existing facilities in the public property, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(D) Nuisance. One year after the passage of this chapter, any facilities installed pursuant to a permit issued under this chapter that have not been mapped with the city as required by § 150.34 shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the public property to a useable condition.
(Ord. 2014-08, passed 11-10-2014)