A. Notice: Within ninety (90) days following written notice from the village, a utility provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any utility facility within public ways or public utility easements whenever the village has determined that such removal, relocation, change or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any village improvement in or upon public ways or public utility easements.
The village retains the right and privilege to cut or move any utility facility located within public ways or public utility easements as the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the village shall attempt to notify the utility provider, if known, prior to cutting or removing a utility facility and shall notify the utility provider, if known, after cutting or removing such utility facility.
B. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the village, any utility provider that owns, controls, or maintains any unauthorized utility facility or related appurtenances within public ways shall, at its own expense, remove all or any part of such utility facility or appurtenances from the public ways. A utility 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; or
2. If the utility facility was constructed or installed without the prior grant of a license or franchise, if required; or
3. If the utility facility was constructed or installed without prior issuance of a required permit in violation of this title; or
4. If the utility facility was constructed or installed at a location not permitted by the permittee's license or franchise or permit.
C. Abandonment Of Facilities: Upon abandonment of a utility facility within public ways, the utility provider shall notify the village within ninety (90) days. Following receipt of such notice, the village may direct the utility provider to remove all or any portion of the utility facility if the village engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the village does not direct the utility provider that abandoned the utility facility to remove it, by giving notice of abandonment to the village, the abandoning utility provider shall be deemed to consent to the alteration or removal of all or any portion of the utility facility by the village, another utility provider or person. (Ord. G-637, 7-13-1999; Ord. G-846, 11-13-2007)