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17.56.060 Relocation and Discontinuation of Facilities.

(Replaced by Ordinance No. 184957, effective November 25, 2011.)

A.  Relocation of Facilities

1.  The Director of the Bureau of Transportation may direct any person owning, operating, or managing any public utility in the City and using facilities located in public right of way, to temporarily or permanently remove, relocate, change or alter the position of facilities installed by that person or that person’s predecessor within the public rights-of-way whenever required. Except in the case of an emergency or as otherwise agreed to by the Director of the Bureau of Transportation, the temporary or permanent removal, relocation, change or alteration of the position of facilities must be completed within 30 days following written notice from the Director of the Bureau of Transportation. A person may request additional time to complete the removal or relocation, which shall not be unreasonably denied. The City may issue such notice when the City has determined that such removal, relocation, change or alteration is reasonably necessary for:

a.  The construction, repair, maintenance or installation of any City improvement or other public improvement in or upon the public rights-of-way, whether a public work by the City or its contractor or the construction, repair, maintenance or installation of a public improvement pursuant to the requirements of the City’s development code;

b.   The operations of the City or any governmental entity in or upon the public rights-of-way for governmental purposes; or

c.   When required by the public interest, as determined by the Director of the Bureau of Transportation.

2.  Before commencing removal or relocation, the applicant shall obtain a permit as required by Title 17.24.

3.  The relocation or removal of utility facilities shall be at no expense or charge to the City.

4.  Should the applicant fail to remove or relocate the facility in accordance with notice from the Director of the Bureau of Transportation, the Director of the Bureau of Transportation may declare the facility a nuisance. The Director of the Bureau of Transportation may enforce the removal or relocation by compliance order, stop work order, abatement proceedings, or civil action as authorized by law. For any removal or relocation enforced by the City, the Director of the Bureau of Transportation shall keep a complete account of all related costs and expenses incurred by the City. The Director of the Bureau of Transportation shall provide written notice to the person seeking payment of the City’s costs and expenses. If the person fails neglects or refuses to pay all of the City’s costs and expenses, upon written approval of the Commissioner in Charge, the Director may have the City Attorney institute legal proceedings in the name of the City to collect any unpaid removal or relocation costs or expenses. In the event that it is necessary for any action or proceeding is commenced or if it becomes necessary for the City to commence an action or proceeding in a court of competent jurisdiction for removal or relocation or to recover removal or relocation costs, the City shall be seek recover all available statutory costs and disbursements.

5.  If removal or relocation is necessary due to a public improvement under a contract entered into between the City and an independent contractor and the failure to remove or relocate within the time specified results in payment to the contractor of any claim for extra compensation for any work or delay under said contract, the applicant shall be liable for payment of the amount paid to the contractor as a direct result of the failure to comply with the time requirements of the City.

B.  Discontinuation of Facilities.  If a Person intends to discontinue using facilities of its system within all or part of a particular portion of the streets and does not intend to use said facilities again, the Person shall submit to the Director of the Bureau of Transportation for the Director of the Bureau of Transportation's approval a completed application describing the structures or other facilities and the date on, and the method by which the Person will remove such facilities.