§ 98.20  REMOVAL OF UTILITY FACILITIES.
   (A)   The city shall have the right and may at any time order and require any registration holder to remove and abate any facility that the city determines is necessary to address a public health or safety emergency. If the registration holder or permit holder, after notice, fails or refuses to act, the city shall have the power to cause the removal or abatement of the dangerous facilities at the expense of the registration holder without liability for damages. The registration holder shall reimburse the city for all costs incurred.
   (B)   When required by the city for reasons of public safety, street vacation, widening, reconstruction, relocation or regrading, or installation, repair or maintenance of streets, drainage ways, sewer mains, water pipes, power lines, signal lights, or any other type of structures or improvements installed by the city on behalf of the public, the registration holder shall, at its own expense, disconnect, remove, and relocate from the right-of-way, any lines, facilities, or other improvements within 60 days of the date when ordered in writing by the city, and the registration holder shall have no claim for reimbursement of costs or damages against the city, unless otherwise provided by state law. The 60 day limit shall not apply if the city has approved a different schedule. A person making a pavement cut or excavation for the purpose of adjusting facilities at the city's request in advance preparation for a city street paving or storm drainage project shall obtain an excavation permit.
   (C)   If the city gives written notice to a registration holder that some of its facilities must be relocated in accordance with the provisions of this section, the registration holder shall, within 20 business days of the notice, provide the city assurance that the registration holder shall comply with the requirements of this section. The city may waive this requirement at the request of the registration holder if the registration holder submits proof that for the preceding three years, it has completed relocation in a workmanlike manner within 60 days or, if authorized by the city, a different time limit. The assurance may be in the form of a surety bond, escrow agreement, or letter of credit, which is subject to the approval of the City Attorney.
   (D)   Facilities not moved after 60 days shall be deemed abandoned after the city gives the registration holder 30 days' notice. In such event, the city shall cause the facilities to be removed and the registration holder shall pay the costs for such removal, together with any other costs the city incurs by reason of the registration holder's failure to remove the facilities, including any other costs that arise from the delay in the relocation of the facilities. The registration holder shall pay such costs within 30 days of the date of the invoice from the city. Failure to pay such costs shall be cause for revocation of registration and any excavation permits.
   (E)   The permit holder shall maintain the pavement cut or excavation until the work order authorizing the construction of the street paving or storm drainage project is issued by the city. Upon notification by the city of any problem with the maintenance of the cut or excavation, the permit holder shall promptly correct the problem. The permit holder shall notify the city of the anticipated date of correction. If the correction is not made by the anticipated date, or if no response is received by the city within 24 hours after the city gives notice to the permit holder, the city may make the correction, and the permit holder shall reimburse the city for the actual direct and indirect costs of the correction.
(Ord. 1018-2, passed 2-11-2019)