(A) Upon demand by the city, a provider shall move, alter, relocate, or remove equipment or facilities and restore any affected public right-of-way as may be required by the city and shall complete any such work promptly or by such date as may be specified by the city.
(B) A provider shall move, alter, relocate, or remove equipment or facilities and restore the public right-of-way pursuant to division (A) of this section at its own cost if the request is made for a governmental pr public purpose. If the request is made for a purpose which is not a governmental or public purpose, the provider shall be entitled to recover the reasonable and direct costs of moving, altering, relocating or removing such equipment or facility and restoring any affected public right-of-way from the person or persons on whose behalf the request is made prior to commencing any work or at such other time as is acceptable to such provider.
(C) ln the event of an emergency, the city may in its sole discretion, move, alter, relocate, or remove any equipment or facility and restore the affected public right-of-way. The provider shall be responsible for repairing or replacing any affected equipment or facility at its own cost and shall reimburse the city for any costs incurred by the city in moving, altering, relocating, or removing any equipment or facility and in restoring the affected public right-of-way in an amount equal to the sum of the actual cost of moving, altering, relocating, or removing any equipment or facility and restoring the affected public right-of-way and 25% of such costs as compensation to the city for general overhead and administrative expenses associated with such work and shall make any payment due as directed by the city and not later than 20 calendar days after receipt of a bill.
(D) If a provider fails to fully comply with a demand by the city pursuant to division (A) of this section promptly or by the date specified by the city, the city shall have the right to: (I) declare that all rights and title to and interest in the affected equipment or facilities are the property of the city; and/or (ii) move, alter, relocate, or remove any such equipment or facilities and restore the affected public right-of-way as it deems necessary. The provider shall reimburse the city for any costs incurred in moving, altering, relocating, or removing any equipment or facilities and restoring the affected public right-of-way in an amount equal to the sum of the actual cost of moving, altering, relocating, or removing any equipment or facilities and restoring the affected public right-of-way and 25% of such costs as compensation to the city for general overhead and administrative expenses associated with such work and shall make any payment due as directed by the city and not later than 20 calendar days after receipt of a bill.
(Ord. 1537, passed 4-20-2017)