(A) The City Engineer may direct any person owning or maintaining facilities or structures in the public way to alter, modify, or relocate such facilities or structures as the City Engineer may require. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles, and overhead and underground gas, electric, telephone, telecommunications, and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at his or her own cost and expense and upon reasonable written notice by the city, promptly protect, or promptly alter or relocate such facilities or structures, or parts thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter, or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs, and attorney’s fees.
(B) Any directive by the City Engineer shall be based upon of the following:
(1) The facility or structure was installed, erected, or is being maintained contrary to law, or determined by the City Engineer to be structurally unsound or defective;
(2) The facility or structure constitutes a nuisance as defined under state statute or city ordinance (this section shall not, however, be deemed to diminish the vehicle impound authority of the Police Department);
(3) The authority under which the facility or structure was installed has expired or has been revoked;
(4) The facility or structure is not in conformity with public improvements proposed consistent with the general plan of the city for the area;
(5) The public way is about to be repaired or improved, and such facilities or structures may pose a hindrance to construction; or
(6) The grades or lines of the public way are to be altered or changed.
(Prior Code, § 13.06.110) (Ord. 12-98, passed 5-20-1998) Penalty, see § 152.99