(A) Notice. Within 90 days following written notice from the city, the owner of any facilities in the rights-of-way shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its 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 city improvement, or the operations of the city in or upon the rights-of-way. In addition, whenever any new or existing facilities are located or relocated underground within the city's rights-of-way, the owner of such facilities shall, at its own expense, relocate its facilities underground within a reasonable period of time. Absent extraordinary circumstances or undue hardship, as determined by the city, such relocation shall be made concurrently with the relocation or installation of other facilities to minimize the disruption of the city's rights-of-way.
(B) Removal of unauthorized facilities. Within 30 days following written notice from the city, any person 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 subchapter; 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 city retains the right and privilege to cut or move any facilities located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful, in response to any public health or safety emergency. If circumstances permit, the city shall give prior notice to the owner of any facilities located within the rights-of-way of the city, if known, prior to cutting or removing a facility, but in any case, the city shall notify such owner, if known, after cutting or removing a facility.
(D) Abandonment of facilities. Upon abandonment of a facility within the rights-of-way of the city, the owner of such facility shall notify the city within 90 days. Following receipt of this notice the city may direct such owner to remove all or any portion of the facility if the Public Services Director determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the city does not direct the owner that abandoned the facility to remove it, by giving notice of abandonment to the owner, the abandoning owner shall be deemed to have consented to the alteration or removal of all or any portion of the facility by another the city or another person.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-13, passed 8-12-08) Penalty, see § 95.999