The Commissioner may require any person who, pursuant to a duly issued permit under this Division, has performed construction work or placed and maintained any encroachment, to move the same at his or her own cost and expense to such different location as is specified in a written demand of the Commissioner, whenever the move is necessary to insure the safety of the traveling public or to permit the improvement of the highway and may require the application to contain a signed statement by the applicant to this effect; provided, however, that the foregoing requirement shall not apply to any right which has been continuously exercised since a time prior to the date when such portion of the highway became part of a public highway, or which right exists by virtue of a document recorded prior to such date in the Office of the County Recorder of San Bernardino County, California, provided that such right has not (in either case) been subordinated by a document recorded in such office to the right of the public to maintain such portion of the highway. The Commissioner shall not require the applicant to move or change the location of construction work or encroachments for a temporary purpose. The Commissioner shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such location within the time specified in said demand and thereafter diligently prosecute the same to completion.
In the event the permittee fails to comply with any such demand, the construction work or encroachment specified in the demand may be removed by the Commissioner, and the cost thereof may be recovered from the permittee.
(Ord. 815, passed - -1957; Am. Ord. 922, passed - -1960)