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CCP 06-11-2001
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CCP 06-11-2001
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cause shown, upon consideration of such factors as w <br /> the remaining economic life of the facilities, <br /> public safety, customer service needs and hardship <br /> to the registrant . <br /> Subd. 3 . Nuisance. One year after the passage of this <br /> Chapter, any facility found in a right-of-way that <br /> has not been registered shall be deemed to be a <br /> nuisance. The City may exercise any remedies or <br /> rights it has at law or in equity, including, but <br /> not limited to, abating the nuisance or taking <br /> possession of the facility and restoring the right- <br /> of-way to a useable condition. <br /> Subd. 4 . Limitation of Space. To protect health and safety, <br /> the Administrator shall have the power to prohibit <br /> or limit the placement of new or additional <br /> facilities within the right-of-way if there is <br /> insufficient space to accommodate all of the <br /> requests of registrants or persons to occupy and <br /> use the right-of-way. In making such decisions, <br /> the Administrator shall strive to the extent <br /> possible to accommodate all existing and potential <br /> users of the right-of-way, but shall be guided <br /> primarily by considerations of the public interest, <br /> the public ' s needs for the particular utility <br /> service, the condition of the right-of-way, the <br /> time of year with respect to essential utilities, <br /> the protection of existing equipment in the right- <br /> of-way, and future City plans for public <br /> improvements and development projects which have <br /> been determined to be in the public interest . <br /> Sec. 360.24. Relocation of Facilities. A Registrant must promptly <br /> and at its own expense, with due regard for seasonal working <br /> conditions, permanently remove and relocate its equipment and <br /> facilities in the right-of-way whenever the Administrator requests <br /> such removal and relocation, and shall restore the right-of-way to <br /> the same condition it was in prior to said removal or relocation. <br /> The Administrator may make such request to prevent interference by <br /> the Company' s equipment or facilities with (i) a present or future <br /> City use of the right-of-way, (ii) a public improvement undertaken <br /> by the City, (iii) an economic development project in which the <br /> 26 <br />
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