(A) Restoration. In case of any disturbance of pavement, sidewalk, driveway, ornamental vegetation or other surfaces by the utility pursuant to its use of the public streets, public properties and public rights-of-way, the utility shall, at its own cost and expense, and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before the work was commenced, in a safe and sound condition, and shall maintain the restoration in an improved condition for a period of five years.
(B) Relocation and removal. Utilities using the public streets, public property or public rights-of-way pursuant to this chapter shall, at their own expense and at the direction of the city, relocate and remove their appliances, fixtures or equipment at any time public necessity requires the relocation or removal because of the appliances, fixtures or equipment unreasonably interfering with or restricting the effective or safe use of the public street, public property or public right-of-way.
(C) Removal or existing facilities. Any poles, wires, cables, underground conduits, manholes, pipes or other fixtures or equipment erected or located by persons in, along, across, above, over and under the public streets, public properties or public rights-of-way of the city, prior to the effective date of the ordinance from which this chapter is derived, must have been removed within three months after the effective date of the ordinance unless the utility shall have obtained permission for use of the public streets, public properties or public rights-of-way prior thereto in accordance with the terms of this chapter.
(D) Underground district. To promote and contribute to the safety of the public, appearance, and to assure orderly development, all facilities for the supply and distribution of electric energy, television cable, gas, telephone, data, or similar utility services, for all construction, infrastructure deployment and land development, shall, except as otherwise provided under applicable laws and regulations, be placed underground. The Director of Public works, or designee, in consultation with the Zoning Administrator, reserve the right to consider site specific exceptions based on field conditions.
(1985 Code, § 16-30) (Ord. 2021-019, passed 7-13-2021)