132.23(A) Duty to notify
. Upon
of a
owned by a
, the
shall notify the of such
within 90 calendar days.
132.23(B) Notice to remove
facilities. The may direct the
by written notice to remove all or any portion of such
facility at the
’s sole expense if the determines that the
facility’s presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such facility:
132.23(B)(1) Compromises safety at any time for any
user or during
or maintenance
;
132.23(B)(2) Prevents another
from locating facilities in the area of
where the
facility is located when other alternative locations are not reasonably available; or
132.23(B)(3) Creates a maintenance condition that is disruptive to the
’s use.
132.23(B)(4) In the event of subsection 132.23(B)(2) above, the
may require the third
to coordinate with the
that owns the existing facility for joint removal and placement, where agreed to by the registrant.
132.23(C) Consent to remove
facilities. In the event that the does not direct the removal of the
facility, the
, by its notice of
to the shall be deemed to consent to the alteration or removal of all or any portion of the facility by the or another at such third party’s cost.
132.23(D) Failure to remove facilities. If the
fails to remove all or any portion of an
facility as directed by the within a reasonable time period as may be required by the under the circumstances, the may perform such removal and charge the cost of the removal against the
.
(Ord. 2010-23, passed 10-4-2010)