(A) Notice. Within ninety (90) days following written notice from the Village Manager and/or the Village Engineer, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility 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 Village improvement in or upon, or the operations of the Village in or upon, the rights-of-way.
(B) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the Village Manager and/or the Village Engineer, any utility 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 Division; 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 Village retains the right and privilege to cut or move any facilities located within the rights-of-way of the Village, as the Village Manager and/or the Village Engineer may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the Village shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
(D) Abandonment of Facilities. Upon abandonment of a facility within the rights-of-way of the Village, the utility shall notify the Village Manager and the Village Engineer of such abandonment within ninety (90) days. Following receipt of such notice, the Village Engineer may direct the utility to remove all or any portion of the facility, if the Village Engineer determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village Engineer does not direct the utility to remove that abandoned facility, by its having given the Village Manager and the Village Engineer the aforesaid notice of abandonment, the abandoning utility shall be deemed to have consented to the alteration or removal of all or any portion of the facility by another utility or person.
(Ord. 07-2651, passed 11-13-07)