(A) In the event that any facility of a permittee on City right-of-way or City property obstructs or hinders the usual travel or public safety or obstructs the legal use of such right-of-way or property by utilities or other authorized users, the City may provide written notice to the permittee of such interference and of the need to resolve such interference. In the event that any such facility of the permittee causes any radio frequency interference to any City facilities or other uses of City right-of-way or City property, the City may notify the permittee in writing of such interference and the need to resolve such interference. Upon service of any notice under this division, the permittee shall remedy such interference within ninety (90) days or, in the case of an emergency, within such shorter time period as directed by the City. If such interference is not resolved in a timely manner, the permittee shall, at its own expense, remove its facilities from that location. In such case, the permittee may apply for the relocation of similar facilities at another location, without payment of an application fee.
(B) Within ninety (90) days following written notice from the City, the permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its facilities, whenever the City has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any City improvement in, under or upon the public right-of-way. The permittee shall be responsible to the City for any damages or penalties the City may incur as a result of the permittee's failure to remove or relocate the facilities as required in this division.
(C) The City retains the right and privilege to cut or move any facility of the permittee located within the public right-of-way or on City property, as the City may determine in its sole discretion to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the City shall notify the permittee and give the permittee an opportunity to move its own facilities prior to cutting or removing the facilities. In all cases the City shall notify the permittee after cutting or removing the facilities as promptly as reasonably possible.
(D) The permittee may abandon its facilities at a location. The permittee shall notify the City of abandonment of any facility at the time the decision to abandon is made, but in no case shall such notification be made later than thirty (30) days prior to abandonment. The permittee shall, within thirty (30) days of such notice, remove its facilities at the permittee's own expense, unless the City determines and states in writing, in its sole discretion, that any part of the facilities may be abandoned in place. The permittee shall remain solely responsible and liable for all of its facilities until they are removed from the public right-of-way unless the City agrees in writing to take ownership of the abandoned facilities. For the purpose of this division, abandonment of facilities and cancellation of the related permit shall also be deemed to have occurred after such facilities are not used for a period of one (1) year.
(E) If the permittee fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its facilities or remove any of its abandoned facilities as required in this section, the City or its contractor may do so. In such case, the permittee shall pay all reasonable costs related to such work. (Ord. No. 1067, 6/1/21)