(A) Notice. Within 90 days following written notice from the city, a network provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any network node or node support pole within the public right-of-way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the public right-of-way.
(B) Emergency removal or relocation of facilities. The city retains the right and privilege to disconnect or move any network node located within the public right-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the network provider and allow the network provider an opportunity to move its own facilities prior to the city disconnecting or removing a facility and shall notify the network provider after disconnecting or removing a network node or node support pole.
(C) Abandonment of facilities. A network provider shall notify the city prior to abandonment of a network node or node support pole within the public right-of-way. Following receipt of such notice, the city may direct the network provider to remove all or any portion of a network node or node support pole if the city, or any of its departments, determines, subject to applicable law, that such removal is necessary to protect public health, safety and welfare. The removal work shall be scheduled and performed, as necessary, for the convenience and safety of users of the affected right-of-way within a reasonable time after a direction for removal is issued.
(Ord. 180515, passed 5-15-2018)