(A) Notice. Within 90 days following written notice from the county, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any county improvement in or upon, or the operations of the county in or upon, the rights-of-way. No extension of time shall be made unless requested in writing and approved in writing by the County Engineer.
(B) Removal of unauthorized facilities. Within 30 days following written notice from the county, any utility that owns, controls or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or franchise, if required;
(3) If the facility was constructed or installed without prior issuance of a required permit in violation of this chapter; or
(4) If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
(C) Emergency removal or relocation of facilities. The county retains the right and privilege to cut or move any facilities located within the rights-of-way of the county, as the county may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the county shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of facilities. Upon abandonment of a facility within the rights-of-way of the county, the utility shall notify the county within 90 days. Following receipt of such notice the county may direct the utility to remove all or any portion of the facility if the County Engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the county does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the county, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. in the event the county reasonably suspects a utility has abandoned a facility, the county may provide a written notice of suspected abandonment to the utility at the last known address of the utility. If the utility fails to respond in writing confirming the facility has not been abandoned, then the facility will not be deemed abandoned. Alternatively, if the utility confirms that the facility is abandoned, then the county’s remedies and options in this division as to abandoned facilities shall apply.
(Ord. 2013-03, passed 3-20-2013; Ord. 2024-04, passed 5-15-2024)