Subd. 1. Placement, location, and relocation of facilities must comply with the code, with other applicable law, and with Minn. Rules 7819.3100, 7819.5000, 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
a. Relocation notification procedure. The city shall notify the utility owner at least 90 days in advance of the need to relocate existing facilities so the owner can determine if relocation or replacement is required and plan for any required work. The city shall provide a second notification to the owner one month before the owner needs to begin the relocation. The utility owner shall begin relocation of the facilities within one month of the second notification. To the extent technically feasible, all utilities shall be relocated within one month or in a time frame determined by the city. The city may allow a different schedule if it does not interfere with the city's project. The utility owner shall diligently work to relocate the facilities within the above schedule. The registrant shall restore any rights-of-way to the condition it was prior to removal and relocation.
b. Delay to city project. The city shall notify the utility owner if the owner's progress will not meet the relocation schedule. If the owner fails to meet the relocation schedule due to circumstances within its control, the city may charge the utility owner for all costs incurred and requested by a contractor working for the city who is delayed because the relocation is not completed in the scheduled time frame and for all costs incurred by the city due to the delay.
c. Delay penalties. Delay penalties under this section shall be set time to time by the City Council.
d. For relocations or requests made by the city that are matters of convenience, and where the city shall be charged for such costs, the utility owner shall provide the city a detailed estimate of all relocation costs, including, but not limited to: quantities of all materials and supplies, cost for each quantity, labor costs, other. The city shall have the right to independently verify the cost to determine reasonableness.
Subd. 2. Undergrounding of relocated telecommunications facilities. A telecommunications right-of-way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the city's request when the city requires the relocation of all telecommunications facilities and equipment to underground locations, or structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed by the owner of such structures or poles, or as ordered removed by the city.
Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition.
Subd. 4. Limitation of space. To protect health, safety and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
Subd. 5. Fee waiver. When relocation occurs in conjunction with a public improvement project, the City Engineer shall have discretion to waive all or a portion of the fees associated with the work that is occurring within the boundaries of the public improvement project.
(Ord. 552, passed - -2018)