A. Authority Of City: The department may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the department may require. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives.
B. Basis For Directive: Any directive by the department shall be based upon the following:
1. The facility or structure was installed, erected or is being maintained contrary to law, or determined by the department 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 Salt Lake County sheriff or other law enforcement services provider for the city.);
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 The authority under which the facility or structure was installed has expired or has been revoked;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 proposed for the area; or
5. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction.
C. Failure To Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the department shall be guilty of a misdemeanor as described in section 1.08.020 of this code, and promptly shall perform such alterations, modifications or relocation. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. (Ord. 08-18, 7-17-2008)