(A) An operator of a utility system shall, by a time specified by the city, protect, support, temporarily disconnect, relocate or remove any of its property when required by the city by reason of traffic conditions; public safety; public rights-of-way construction; public rights-of-way repair (including resurfacing or widening); change of public rights-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned utility system; public work; public facility or improvement or any government-owned utility; public rights-of-way vacation; or for any other purpose where the city determines that the work involved would be aided by the removal or relocation of the utility system (collectively referred to as the “public work”).
(B) Except in the case of emergencies, the city shall provide written notice describing where the public work is to be performed at least one (1) week prior to the deadline by which an operator of a utility system must protect, support, temporarily disconnect, relocate or remove its facilities. An operator of a utility system may seek an extension of the time to perform such tasks where they cannot be performed in a week even with the exercise of due diligence and such request for an extension shall not be unreasonably refused.
(C) In the event of an emergency or where a utility system creates or is contributing to an imminent danger to health, safety or property, the city may protect, support, temporarily disconnect, remove or relocate any or all parts of the utility system without prior notice and charge the operator of the utility system for costs incurred.
(D) If any person who is authorized to construct utility systems in the public rights-of-way requests another operator of a utility system to protect, support, temporarily disconnect, remove or relocate its facilities to accommodate the construction of the facilities of such other person, the operator of the utility system shall, after fifteen (15) days' advance written notice, take action to effect the necessary changes requested. Unless the matter is governed by a valid contract or a federal, state or local law or regulation or unless the facility that is being requested to be moved was not properly installed, the reasonable cost of the same shall be borne by the person requesting the protection, support, temporary disconnection, removal or relocation and at no charge to the city, even if the city makes the request for such action.
(E) An operator of a utility system shall, on the request of any person holding a valid construction permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. An operator of a utility system shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes.
(F) An operator of a utility system may abandon any of its property within public rights-of-way upon written notice to the city. However, the operator must remove its property by a date specified by the city if it determines, within ninety (90) days of the receipt of notice of abandonment from the operator, that the safety, appearance, functioning or use of the public rights-of-way and facilities in the public rights-of-way will be adversely affected. If the operator fails to comply with such a request in a timely manner, the city may undertake to remove the property at the operator's expense.
(Ord. 2003-08, passed 3-17-03)