(A) Notice. Within 90 days following written notice from the City, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the rights-of-way.
(B) Removal of unauthorized facilities. Within 30 days following written notice from the City, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this Chapter; or
(4) If the facility was constructed or installed at a location not permitted by the permittee's license or franchise.
(C) Emergency removal or relocation of facilities. The City retains the right and privilege to cut or move any facilities located within the rights-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of facilities.
(1) Upon abandonment of a facility within the rights-of-way of the City, the utility shall notify the City within 90 days. Following receipt of such notice the City may direct the utility to remove all or any portion of the facility if the City Engineer determines that such removal will be in the best interest of the public health, safety and welfare.
(2) In the event that the use of a facility within the rights-of-way of the City is discontinued for a continuous period of 90 days, the utility shall be deemed to have abandoned that facility. Any part of the system that is parallel or redundant to other parts of the system and is intended for use only when needed as backup for the system, or part thereof, shall not be deemed to have been abandoned because of its lack of use.
(3) The City Engineer may give the utility permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained by it. Unless such permission is granted, the utility shall remove all abandoned above-ground facilities and equipment within 180 days of receipt of written notice from the City Engineer and shall restore any affected right-of-way to its former state at the time the facilities and equipment were installed so as not to impair its usefulness. In removing its facilities and equipment, the utility shall refill, at its own expense, any excavation that shall be made by it and shall leave the right-of-ways in as good condition as that prevailing prior to such removal without materially interfering with any other utility's facilities. The City Engineer shall have the right to inspect and approve the removal.
(4) A utility may abandon any underground facility in place so long as it does not materially interfere with the use of the right-of-way in which such facility is located or with the use thereof by any other utility. If the City Engineer determines that some or all of such abandoned facilities would materially interfere with the use of the right-of-way, he may require the utility to remove the facilities within a reasonable period of time.
(Ord. 8713, passed 11-2-10; Am. Ord. 8940, passed 4-15-14)