1. The Building Inspector shall order the removal or relocation of equipment, as he or she deems appropriate, if the Building Inspector determines at any time that:
A. A registrant’s or permittee’s continued use of the public right-of-way will unduly burden the City or the public in its use of that property.
B. The public right-of-way which the registrant or permittee is using or occupying will be required for municipal purposes.
C. The registrant’s or permittee’s equipment at a particular location will interfere with:
(1) A present or future City use of the right-of-way;
(2) A public improvement undertaken or to be undertaken by the City other than construction by the City of a competing cable or telecommunications utility;
(3) An economic development project in which the City has an interest or investment other than construction by the City of a competing cable or telecommunications utility; or
(4) The public’s safety or convenience in using the right-of-way for ordinary travel.
D. The public health, safety, and welfare require it.
2. Registrants and permittees whose equipment is located in the right-of-way in a position at variance with the corridors established in the City’s utility accommodation and street restoration specifications, or at variance with the location specified therefor by the Building Inspector, or aboveground in an area which the City Council has designated as part of the underground district pursuant to amendment of the definition thereof, shall, no later than at the time of next reconstruction or excavation by the department of the area where its equipment is located (or sooner if ordered by the City), move that equipment to its assigned location within the right-of-way, unless this requirement is waived by the City.
3. Registrants and permittees shall promptly and at their own expense, with due regard for seasonal working conditions, permanently remove their equipment or relocate their equipment within the right-of-way, whenever the Building Inspector, pursuant to a determination made in accordance with subsection 1 above, orders such removal or relocation, and shall at their sole expense restore the right-of-way to its proper and required condition pursuant to the City’s utility accommodation and street restoration specifications.
4. If a City work crew or a City contractor encounters equipment in the right-of-way (i) in a location other than the location specified therefor in the City’s utility accommodation and street restoration specifications, or (ii) in a location other than the location specified therefor by the Building Inspector, or (iii) in a location other than the location shown on the maps filed in the office of the Building Inspector by the person owning or operating that equipment, and if such improper location of equipment prevents the performance of City operations or activities or prevents or delays the performance of work under contract, the registrant, permittee, franchisee, licensee, or lessee whose improperly placed equipment occasioned such delay in performance or nonperformance shall be required to reimburse the City for all outlay and expense thereby incurred by the City.
5. Nothing contained in this section shall be construed to prevent the City Council from exercising the right of the City to change the boundaries to increase or decrease the size of the underground district.