(A) All wires, conduits, cable (coaxial, fiber, or functional equivalent), and other property and facilities of the operator shall be so located, constructed, installed, and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the city.
(B) In the event the operator's system creates a hazardous or unsafe condition or an unreasonable interference with property, then at its own expense, the operator shall voluntarily, or upon the request of the city, remove that part of the system that creates the hazardous condition from the subject property.
(C) The operator shall protect rights-of-way, easements, and support or temporarily disconnect or relocate in the same street or other public way, any property of the operator when necessitated by reason of:
(1) Traffic conditions;
(2) Public safety;
(3) A street closing;
(4) Street construction or re-surfacing;
(5) Change or establishment of street grade; or
(6) Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines.
(D) It shall be the responsibility of the operator, within 72 hours of the request (acting alone or in conjunction with another person) to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable (coaxial, fiber or functional equivalent) before employees, agents, or independent contractors of any entity with a valid permit installs cable or digs in the marked-off area. Any restoration expense or any damage caused to the operator's facilities resulting from the failure of an entity to have the operator's facilities located and marked or as a result of an entity constructing or digging in a location where the operator's facilities have been marked, will be the sole responsibility and liability of such entity who damaged the operator's facilities.
(E) The operator shall, on the request of any person holding a building moving permit, temporarily remove, raise or lower the cable wires to allow the moving of the building. The expense of temporary removal shall be paid by the person requesting it, and the operator may require payment in advance. The operator shall be given not less than 21 days notice of a contemplated move to arrange for temporary wire changes.
(Ord. O-19-08, passed 11-11-08)