§ 40-499. Removal of facilities.

(a)

The director may remove facilities without first notifying the facilities owner if the facilities pose an imminent danger to public health, safety, or welfare.

(b)

The director may require the facilities owner to remove facilities that are in violation of this article at the facilities owner's expense. The facilities owner shall commence removal of its facilities from the public right-of-way not later than 10 days after receiving notice from the director for violations of sections 40-494 and 40-496 of this Code and not later than 30 days after receiving notice of any other violations. The facilities owner shall complete removal by the 14 ^th day after receiving notice, unless otherwise approved by the director, and complete any restoration of the public right-of-way by the 90 ^th day after receiving notice. The facilities owner shall peaceably surrender the public right-of-way to the city in the same condition it was in on the date prior to the facilities owner's installation of its facilities in the public right-of-way, excepting ordinary wear and tear.

(c)

The director may remove facilities that are in violation of this article at the facilities owner's expense if the facilities owner does not comply with the requirements of section 40-499(b) of this Code. The director shall provide 30 calendar days' written notice to the facilities owner before removing the facilities under this section, unless there is imminent danger to the public health, safety, and welfare.

(d)

Within 30 days after receiving an invoice from the city, the facilities owner shall reimburse the city for all of the city's costs and expenses associated with the removal of its facilities (including without limitation, all administrative and legal expenses, attorney fees, and costs and expenses incurred in connection therewith).

(e)

The terms for removal of facilities under an agreement with the city, if any, shall apply.

(f)

If a facilities owner removes facilities at its own discretion, it shall notify the director in writing not less than 10 business days prior to removal or relocation.

(g)

The department shall store facilities that the director removes and provide the following information to the facilities owner the next business day after the removal: the description of the removed facilities, the location from where the facilities were removed, the storage location, the storage facilities' hours of operation, removal costs, and storage fees due. Upon payment of the removal costs and storage fees, the department shall release the facilities to the facilities owner or his authorized representative. If the facilities owner fails to retrieve the facilities within 30 days of the date of the department's notice, then the city may dispose of the facilities.

(h)

The facilities owner shall comply with and be subject to the city's relocation ordinance in article XVIII, chapter 40 of this Code.

(Ord. No. 2017-677 , § 2(Exh. A), 8-30-2017)