If at any time the town requests the permittee to relocate is facilities, in order to allow the town to make any public use of rights-of-way, or if at any time it shall become necessary because of a change in the grade or for any other purpose by reason of the improving, repairing, constructing or maintaining of any rights-of-way, or reason of traffic conditions, public safety or by reason of installation of any type of structure of public improvement the town or other public agency or special district, and any general program for the undergrounding of such facilities, to move or change the permittee’s facilities within or adjacent to rights-of-way in any manner, either temporarily or permanently, the town shall notify the permittee at least 90 days in advance, except in the case of emergencies, of the town’s intention to perform or have such work performed. The permittee shall thereupon, at no cost to the town, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the town has notified the permittee that it intends to commence its work or immediately in the case of emergencies. Upon the permittee’s failure to accomplish such work, the town or other public agencies or special district may perform such work at the permittee’s expense and the permittee shall reimburse the town or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by the permittee at the permittee’s expense. Notwithstanding the requirements of this chapter, a permittee may request additional time to complete a relocation project. The Director shall grant a reasonable extension if, in his or her sole discretion, the extension will not adversely affect the town’s project.
(Prior Code, § 165.19) (Ord. 503, passed 7-7-2005; Ord. 577, passed 11-6-2014)