Sec. 35-27. Removal or relocation of equipment.
(a) Whenever the city shall determine it is necessary in connection with the repair, relocation, or improvement of the public rights-of-way or any public project, the city may require by written notification that any corporation, association, person, partnership, or any other entity, which currently has a franchise, license, interim license, lease or other authorization from the city to install and maintain electric, gas, light, power, telephone, cable television, telecommunications or any other services in the city's streets, alleys, or other public rights-of-way or on public grounds to remove or relocate any facilities located in the public rights or way or on public grounds. Within sixty (60) days after receipt of notification, unless the city extends such period for good cause shown, such corporation, association, person, partnership, or other entity shall remove or relocate its facilities to such place and under such terms and conditions as specified by the city. Such corporation, association, person, partnership, or other entity shall bear all expenses associated with the removal and relocation of its facilities except that the city will issue, without charge whatever local permits are required for the relocation of such facilities. If such corporation, association, person, partnership, or any other entity does not complete its removal or relocation within sixty (60) days or such other period as authorized by the city, the city may take such actions as necessary to effect such removal or relocation at such corporation’s, association’s, person’s, partnership’s, or other entities’ expense. If the city or its representatives remove or relocate any facilities that are located in the city's streets, alleys, or other public rights-of-way or on public grounds because the owner of the facilities fails to do so in a timely manner, neither the city or its representatives shall be liable for any damages the facilities may suffer as a result of such removal or relocation. Further, any corporation, association, person, partnership, or any other entity that fails to remove its facilities in a timely manner will be responsible for any additional costs and expenses incurred by the city as a result of such corporation’s, association’s, person’s, partnership’s, or other entities’ failure to remove or relocate its facilities as instructed by the city.
(b) Any violation of this section shall be punishable by a fine of two thousand five hundred dollars ($2,500.00) and each day such violation continues shall be punishable as a separate offense. In addition to the other penalties provided herein the city shall have the right to petition the judges of the circuit court for a court order enjoining any violation of this section. (Ord. of 11-23-10, Ord No. O-10-140)
Last updated date: 2/17/2012 11:45:19 AM