8-3-9: RELOCATION OR REMOVAL OF ENCROACHMENTS:
If any future construction, reconstruction, or maintenance work by the city on a public right of way requires the relocation, removal or abandonment of installations or encroachments in, on or under the public right of way, the permittee, owning, controlling, or maintaining such installations or encroachments shall relocate, remove or abandon the same at his sole expense; provided, however, that this provision shall apply to and remain in force and effect only so long as the right of way upon which such installations or structures are located shall be used for usual street purposes and not as a freeway, and this provision shall cease to apply when such street shall become a freeway. When removal, relocation or abandonment is required, the city engineer shall give said permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed, relocated or abandoned. If said permittee fails to comply with said instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee. (Ord. 994, 5-26-1970)