§ 138-23. Obligation to relocate upon notice.

(a)

The city reserves the right to perform any public works or public improvements necessary to maintain the public right-of-way. The city may therefore, upon written request to the permittee, require relocation of the permittee's facilities existing in the public right-of-way at the permittee's own expense when the relocation is necessary to maintain the health, safety, or welfare of the public or to improve or maintain the public right-of-way for transportation uses.

(1)

Notification, failure to remove. Upon receiving written notice from the city to remove, or relocate facilities which are using or occupying a public right-of-way which the city has to improve, the permittee shall, within 60 days thereafter, begin arrangements for said removal or relocation in accordance with said written notice from the city. Should the permittee fail to comply with such notice within a reasonable time sufficient to allow for procedures reasonably necessary for the removal and relocation of the facilities, the city may give the permittee a final notice directing that such removal begin not later than ten days from the receipt of such final notice.

(2)

Removal or relocation of facilities by the city. If the permittee refuses or neglects to relocate said facilities existing in the public right-of-way within ten days of receipt of such final notice, or if an emergency affecting public safety or health exists requiring immediate relocation of the permittee's facilities, to the extent not inconsistent with state and federal law, the city may relocate such facilities and the permittee shall pay to the city the reasonable costs incurred in connection with such relocation.

(3)

Removal or relocation of facilities for aesthetic purposes. If the relocation of facilities in the right-of-way is for aesthetic purposes or purposes not related to improving the public right-of-way for transportation purposes or to maintain the public right-of-way for health or safety reasons, then the cost of such relocation shall be borne by the requesting third party and not by the city or the permittee.

(4)

Removal or relocation of facilities by an act of God. If an act of God necessitates the relocation of the permittee's facilities located in the public rights-of-way, the cost of such relocation shall not be borne by the permittee.

(Ord. No. 2001-22, § 1, 3-14-01)