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(a) If at any time the City requests the Permittee to relocate is Facilities, in order to allow the City 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 City 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 City shall notify the Permittee, at least 90 days in advance, except in he case of emergencies, of the City’s intention to perform or have such Work performed. The Permittee shall thereupon, at no cost to the City, 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 City intends to commence its Work or immediately in the case of emergencies.
(b) Upon the Permittee's failure to accomplish such Work, the City or other public agencies or special district may perform such Work at the Permittee's expense and the Permittee shall reimburse the City or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, the condition which existed prior to construction the Permittee at the Permittee's expense.
(c) Notwithstanding the requirements of this Section, a Permittee may request additional time to complete a relocation project. The Service Director shall grant a reasonable extension if in his sole discretion, the extension will not adversely affect the City’s project.
(Ord. 14-2002. Passed 1-8-02.)
(a) Notification of Abandoned Facilities. Any Permittee that intends to discontinue use of any Facilities within the public rights of way shall notify the Service Director in writing of the intent to discontinue use. Such notice shall describe the Facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the Service Director and the method of removal and restoration. The Permittee may not remove, destroy or permanently disable any such Facilities during said thirty (30) day period without written approval of the Service Director. After thirty (30) days from the date of such notice, the Permittee shall remove and dispose of such Facilities as set forth in the notice, as the same may be modified by the Service Director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the Service Director.
(b) Conveyance of Facilities. At the discretion of the City, and upon written notice from the Service Director within thirty (30) days of the notice of abandonment, the Permittee may abandon the Facilities in place, and shall if the City so requests convey full title and ownership of such abandoned Facilities to the City. The consideration for the conveyance is the City’s permission to abandon the Facilities in place. The Permittee is responsible for all obligations as owner of the Facilities, or other liabilities associated therewith, until the conveyance to the City is completed.
(Ord. 14-2002. Passed 1-8-02.)
(a) Any Permit may be revoked or suspended by the Service Director, after written notice to the Permittee for:
(1) Violation of any material condition of the Permit or of any material provision of this chapter.
(2) Violation of any material provision of any other ordinance of the City or state law relating to the Work.
(3) Existence of any condition or performance of any act which the City determines constitutes or causes a condition endangering life or a threat of damage to property.
(b) Stop Work Orders. A Stop Work Order may be issued by the Service Director to any person or persons doing or causing any Work to be done in the Public Way for:
(1) Working without a Permit except for routine maintenance or emergency repairs to existing Facilities as provided for in this chapter.
(2) Doing work in violation of any provisions of this chapter, or any other ordinance of the City, or state law relating to the work.
(3) Performing any act, which City determines constitutes or causes a condition that either endangers life or property.
(c) A suspension or revocation by the Service Director, and a Stop Work Order, shall take effect immediately upon notice to the person performing the Work in the public way, or to the Permittee's last known address.
(d) Any suspension or revocation or Stop Work Order may be appealed by the Permittee to the City Council by filing a written notice of appeal within thirty (30) days of the action.
(Ord. 14-2002. Passed 1-8-02.)
Any decision rendered by the Service Director pursuant to this chapter may be appealed within thirty (30) days by the Applicant or Permittee to the Planning Commission. Planning Commission shall consider all evidence in context of this chapter and, after deliberation and upon a majority vote, may approve, reverse or modify the decision of the Service Director.
(Ord. 14-2002. Passed 1-8-02.)
All sections, subsections, provisions and parts of this chapter shall be severable, and if any section, subsection, provision, or portion of this chapter is declared or ruled invalid or otherwise invalidated by any court or agency of valid jurisdiction, such declaration or ruling shall not affect the validity of any other section, subsection, provision or portion of this chapter, and all other sections, subsections, provisions and portions of this chapter shall remain in full force and effect.
(Ord. 14-2002. Passed 1-8-02.)
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