§ 14-11-181. RELOCATION OF FACILITIES.

(A)

A facility owner shall remove, relocate, or alter a facility in a public right-of-way if the director determines that removal, relocation, or alteration of the facility is necessary for the construction, operation, repair, maintenance, or installation of a City or other governmental entity's facility.

(B)

Except as provided by Subsection (C), a facility owner shall remove, relocate, or alter the location of its facility in a public right-of-way not later than the 120th day after the director sends written notice.

(C)

An owner shall remove, relocate, or alter a facility in a public right-of-way by no later than the deadline assigned by the director:

(1)

if the facility is located outside of the approved right-of-way assignment; or

(2)

if the director determines the action is necessary to abate a risk to public health, safety or welfare.

(D)

If an owner fails to remove, relocate or alter a facility by the deadline described in Subsections (B) or (C), the City may remove or relocate the facility at the owner's sole expense.

(E)

The owner shall pay all relocation and alteration expenses, including consequential damage that results from locating a facility outside the assigned area.

(F)

This section does not prevent an owner from recovering the cost of relocating or removing a facility in the public right-of-way from a non-governmental third party that initiates a request for relocation or removal, or from a governmental entity that has authorized payment for relocation or removal costs.

(G)

The owner shall provide the director with documentation and field location records for a relocated facility.

Source: Ord. No. 20170817-045 , Pt. 2, 8-17-17.