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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.56 Public Utilitites
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.


Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags