A. Direction Of Public Works Director: The public works director may direct any person owning or maintaining facilities or structures in the public right of way to alter, modify or relocate such facilities or structures as the public works director may require. Such facilities or structures include, but shall not be limited to, sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, cable, telecommunication and communication facilities, pressure irrigation lines, and power and telephone poles. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including design, engineering, construction, materials, insurance, court costs and attorney fees.
B. Considerations: Any directive by the public works director shall be based upon one or more of the following:
1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the public works director to be structurally unsound or defective;
2. The facility or structure constitutes a nuisance as defined under state statute or city ordinance (this section shall not, however, be deemed to diminish the vehicle impound authority of the police department);
3. The authority under which the facility or structure was installed has expired or has been revoked;
4. The facility or structure is not in conformity with public improvements consistent with the general plan of the city for the area;
5. The public right of way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or
6. The grades or lines of the public right of way are to be altered or changed.
C. Failure To Comply: Any person owning or maintaining facilities or structures in the public right of way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the public works director shall be guilty of a class B misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 2011-24, 11-15-2011)