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hardship to the registrant. C. Nuisance: One year after the passage of this Chapter, any facilities found in a right of way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right of way to a useable condition. D. Limitation of Space: to protect health, safety, and welfare or when necessary to protect the right of way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right of way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right of way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right of way, the time of year with respect to essential utilities, the protection of existing facilities in the right of way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 1209,8-24-1998) 707.24: RELOCATION OF FACILITIES: A registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right of way whenever the Director for good cause requests such removal and relocation, and shall restore the right of way to the same condition it was in prior to said removal or relocation. The Director may make such request to prevent interference by the company's equipment or facilities with: a) a present or future City use of the right of way, b) a public improvement undertaken by the City, c) an economic development project in which the City has an interest or investment, d) when the public health, safety and welfare require it, or e) when necessary to prevent interference with the safety and convenience of ordinary travel over the right of way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from any right of way which has been vacated in favor of a nongovernmental entity unless and until the reasonable costs thereof are first paid to the person therefore. (Ord. 1209,8-24-1998) rlyAgsoUN01WITOlV/74 NM e■& XV 10NNI&V11116I74NIQeI In addition to complying with the requirements of Minnesota Statutes sections 216D.01 through 216D.09 ("One Call Excavation Notice System") before the start date of any right- of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said facilities. Any registrant whose facilities are less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation. (Ord. 1209, 8-24-1998) U11j"M 17.10Ex" a111Z1711:101111&XV10NYIx: When the Director does work in the right of way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the Director shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within30 days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right of way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. (Ord. 1209, 8-24-1998)