(A) Administrator's decision to remove and restore. Where the administrator determines that a pay phone was installed on public or private property without a permit, in violation or contrary to the terms and conditions of a permit or order issued pursuant to this chapter, or in any manner that endangers the safety of persons or property, the administrator may remove such pay phone. If such removal occurred on public property, the administrator may restore the public property to the same or substantially the same condition as it was before the pay phone was installed, all at the permittee's or responsible person's cost, after serving any notice required by this chapter.
(B) Notice of removal and/or restoration. Upon determining to restore public property, the administrator will cause written notice of such determination to be served on the permittee or other responsible person. In addition to setting forth the administrator's decision to perform such work, the notice will include the reasons for restoration and state that the work will be performed at permittee's cost. Unless the work is needed to protect public health, safety, or property, the notice will also allow the permittee to immediately undertake restoration work at the permittee's sole cost and expense, provided the work is completed by the permittee within a reasonable time as determined by the administrator and set forth in the notice.
(C) Liability for cost of restoration. Unless the permittee or other responsible person accomplishes the restoration work themselves, any permittee or other responsible person who caused the condition that requires restoration work will, upon the restoration work being complete, be liable to the city for the full cost thereof. In addition, where a surety bond or other security was provided to the city as a condition of a permit authorizing pay phone installation on public property, such surety or other security will be liable to the city for the cost of such work to the full amount of the surety bond or other security.
(Ord. 1099, passed 4-19-04)