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CCP 07-09-2001
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CCP 07-09-2001
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<br />e <br /> <br />that is or, pursuant to current technology, the City expects will someday be located <br />within the Right-of- Way. Excavation, obstruction, or other permits issued by the City <br />involving the installation or replacement of equipment may designate the proper <br />corridor for the equipment at issue and such equipment must be located accordingly. <br /> <br />Any registrant whose equipment is located prior to enactment of this Chapter in the <br />Right-of-Way in a position at variance with the corridors established by the City <br />shall, no later than at the time of the next reconstruction or excavation of the area <br />where its equipment is located, move that equipment to its assigned position with the <br />Right-of-Way, unless this requirement is waived by the City for good cause shown, <br />upon consideration of such factors as the remaining economic life of the facilities, <br />public safety, customer service needs and hardship to the registrant. <br /> <br />Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment <br />found in a Right-of-Way that has not been registered shall be deemed to be a <br />nuisance. The City may exercise any remedies or rights it has at law or in equity, <br />including, but not limited to, abating the nuisance pursuant to this Chapter or taking <br />possession of the equipment and restoring the Right-of-Way to a useable condition. <br /> <br />e <br /> <br />Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall <br />have the power to prohibit or limit the placement of new or additional equipment <br />within the Right-of-Way if there is insufficient space to accommodate all of the <br />requests of registrants or persons to occupy and use the Right-of-Way. In making <br />such decisions, the City shall strive to the extent possible to accommodate all existing <br />and potential users of the Right-of-Way, but shall be guided primarily by <br />considerations of the public interest, the public's needs for the particular service, the <br />condition of the Right-of-Way, the time of year with respect to essential utilities, the <br />protection of existing equipment in the Right-of-Way, and future City plans for public <br />improvements and development projects which have been determined to be in the <br />public interest. <br /> <br />Subd. 5. Relocation of Equipment. The person must promptly and at its own <br />expense, with due regard for seasonable working conditions, permanently remove and <br />relocate its equipment and facilities in the Right-of-Way whenever the City requests <br />such removal and relocation, and shall restore the Right-of-Way to the same <br />condition it was in prior to said removal or relocation. The City may make such <br />requests in order to prevent interference by the company's equipment or facilities <br />with (1) a present or future City use of the Right-of-Way, (2) a public improvement <br />undertaken by the City, (3) an economic development project in which the City has <br />an interest or investment, (4) when the public health, safety and welfare requires it, <br />(5) or when necessary to prevent interference with the safety and convenience of <br />ordinary travel over the Right-of-Way. <br /> <br />e <br /> <br />Notwithstanding the foregoing, a person shall not be required to remove or relocate <br />its equipment from any Right-of-Way, which has been vacated in favor of a non- <br />governmental entity unless and until the reasonable costs thereof are first paid by <br />such non-governmental entity to the person therefore. <br /> <br />360 - 19 <br />
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