(a) Within a time designated by the City Engineer and not less than thirty (30) days following written notice from the City, the person that owns the facility or related elements shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities within the public ways whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for any of the following:
(1) The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways.
(2) The operations of the City or other governmental entity in or upon the public ways. If the permit holder or owner fails to remove, relocate, change or alter the facility within the time designated, the City may, at its option, either have such relocation, removal, change or alterations performed and bill the owner for such costs, or bill the owner for increased costs incurred as a result of such failure.
(b) No Utility Service Provider shall be required to bear the expense of removal, relocation, change or alteration of position of any Facilities if such requirement would be prohibited by law.
(Ord. 08-22. Passed 7-3-08.)