(A) In the exercise of governmental functions, the city has first priority over all other users of the public rights-of-way. The city reserves the right to lay sewer, gas, water, and other pipe lines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in aerial facilities in, across, along, over, or under a public street, alley, or public rights-of-way occupied by a person, and to change the curb, sidewalks, or the grade of streets.
(B) The city shall assign the location in or over the public rights-of-way among competing users of the public rights-of-way with due consideration to the public health and safety considerations of each user type, and to the extent the city can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(C) If the city authorizes abutting landowners to occupy space under the surface of any public street, alley, or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the previously authorized user of the public rights-of-way. If the city closes or abandons a public right-of- way that contains a portion of a person’s facilities, the city shall close or abandon that public right-of- way subject to the rights of the person.
(D) If the city gives written notice, a person shall, at its own expense, temporarily or permanently, remove, relocate, change, or alter the position of the person’s facilities that are in the public rights-of- way within 120 days, except in circumstances that require additional time as reasonably determined by the city based upon information provided by the person. For projects expected to take longer than 120 days to remove, change, or relocate, the city will confer with the person before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change, or alteration is reasonably necessary for the construction, operation, repair, maintenance, or installation of a city governmental public improvement in the public rights-of-way. This section shall not be construed to prevent a person’s recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beautification purposes without prior joint deliberation and agreement with the person.
(E) If the person fails to relocate facilities in the time allowed by the city in this section, the person may be subject to liability to the city for that delay and as set forth in the city code or ordinance now or hereafter enacted.
(F) Notwithstanding anything in division (D) of this section, the City Administrator and a person may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change.
(G) A person may trim trees in or over the public rights-of-way for the safe and reliable operation, use, and maintenance of its facilities. All tree trimming shall be performed in accordance with standards promulgated by the city. Should the person, its contractor or agent, fail to remove the trimmings within 24 hours, the city may remove the trimmings or have them removed, and upon receipt of a bill from the city, the person shall promptly reimburse the city for all costs incurred within 30 calendar days. A person shall not be responsible for tree trimming or removal, except as to the work required to construct, maintain, or restore utility service.
(H) A person shall temporarily remove, raise, or lower its aerial facilities to permit the moving of houses or other bulky structures, if the city gives written notice of not less than 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. The person may require prepayment or prior posting of a bond from the party requesting the temporary move.
(Ord. 480, passed 3-21-2000) Penalty, see § 95.99