(a) A permittee shall:
(1) properly construct, install, operate, repair, relocate, upgrade, and maintain its facilities existing within the public right-of-way or, for an above ground utility structure, in or outside of the public right-of-way; and
(2) repair or restore any damage to other facilities, the public right-of-way, or private property that occurs as a result of improper construction, installation, operation, repair, relocation, upgrade, or maintenance of the permittee’s facilities.
(b) Facilities will be considered to be improperly constructed, installed, operated, repaired, relocated, upgraded, or maintained if:
(1) the construction, installation, operation, repair, relocation, upgrade, or maintenance endangers public health or safety or creates a public inconvenience;
(2) the facilities were required to be located within the right-of-way and they encroach upon private property or extend outside the right-of-way location designated in the permit;
(3) above-ground facilities located within the right-of-way are less than one and one-half feet from the face of the curb or less than six inches from a sidewalk;
(4) the construction, design, or configuration of the facilities does not comply with applicable local, state, or federal laws or regulations;
(5) the construction, installation, operation, repair, relocation, upgrade or maintenance is conducted in a manner that damages private property or another public service provider’s facilities;
(6) the facilities are not capable of being located or maintained using standard practices;
(7) the facilities are placed in an area that interferes with another public service provider’s facilities; or
(8) the facilities consist of an above ground utility structure that fails to comply with the AGUS Placement Guidelines without having received a waiver by the director under Section 43-141.
(c) It is a defense to prosecution under Subsections (b)(3) and (b)(4) of this section that the facilities were constructed or installed in the public right-of-way before March 1, 2001.
(d) It is a defense to prosecution under Subsection (b)(8) of this section that the facilities were lawfully constructed or installed before March 1, 2006.
(e) Nothing in this section may be construed to diminish the authority of the director to require specific placement of specific facilities. (Ord. Nos. 24495; 26263)