Within a time designated by the City Engineer and not less than thirty (30) days following written notice from the City, the permit holder or other person that owns the facility or related appurtenances 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.
(a) The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways.
(b) 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.
(c) If the City vacates a Right-of-Way which contains the Facilities of a Provider, such vacation shall be subject to the provisions of O.R.C. Section 723.041. If the vacation requires the relocation of the Provider’s Facilities and if the vacation proceedings are initiated by the Provider, the Provider will pay the relocation costs. If the vacation requires the relocation of the Provider’s Facilities and if the vacation proceedings are initiated by the City for a public purpose, the Provider or Permittee must pay the relocation costs unless otherwise agreed to by the City, the Provider or Permittee.
(d) Nothing herein prevents an entity that is a public utility pursuant to O.R.C. Section 4905.02 from obtaining cost recovery for any facilities relocation required as part of its occupancy of the Right-of-Way pursuant to O.R.C. Section 4939.07.
(e) No 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. 74-2007. Passed 11-19-07.)