(A) As a condition of issuing a permit under this section for the placement of facilities within the right-of-way, the permit holder shall, at a minimum, agree to the following.
(1) The permit holder is solely responsible for all maintenance, reconstruction or damage caused by the placement or operation of his or her facilities.
(2) If it is determined by the City Engineer that the location of the facilities is a genuine public safety hazard or if the facilities impede the development of a capital improvement project that benefits the public, the applicant must relocate the facilities to a more appropriate location within the right-of-way or remove the facilities from the right-of-way at their expense.
(B) In the event the applicant fails to propose, within 30 days of the notice of a genuine public safety hazard issued by the City Engineer, a relocation plan acceptable to the City Engineer or to present other evidence acceptable to the City Engineer that the alleged public safety hazard is not a hazard, the City Engineer shall recommend to the applicant appropriate remedial action, which may include relocation at the applicant's expense.
(C) Failure of a permit holder to comply with this section shall result in a fine of not less than $1,000.00 per day of noncompliance and not more than $5,000.00 per day of noncompliance. The fines for noncompliance shall not be assessed or accumulated until the permit holder has had reasonable opportunity to correct the situation. This sanction shall in no way limit the operation of penalties elsewhere in this chapter.
(D) The City Engineer may assess the fines administratively and may withhold issuing permits until the fines are paid and facilities relocated appropriately.
(Am. Ord. 15, 2020, passed 12-7-2020) Penalty, see § 1-1-2-3