FINAL ORDINANCE NO. 08-185 - Laserfiche WebLink

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(2) Any registrant whose facility is in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facility is located, move that facility to its assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facility, public safety, customer service needs, and hardship to the registrant. (C) Nuisance. (1) One year after the passage of this chapter, any facility found in a right-of-way that has not been registered shall be deemed to be a nuisance. (2) 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 facility 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 city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way In making the decisions,the city 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. 9756, passed 6-20-2000) 0§ 94.62 RELOCATION OF FACILITIES. (A) (1) A right-of-way user 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 it is necessary to prevent interference, and not merely for convenience of the city, and shall restore the right-of-way to the same condition it was in prior to the removal or relocation. (2) The city may make the request to a right-of-way user to remove and relocate its facilities when in connection with: (a) A present or future city use of the right-of-way for a public project; (b) When the public health,and safety,require it; or (c) The safety and convenience of travel over the right-of-way. (S) Notwithstanding the foregoing, a right-of-way user shall not be required to remove or relocate its facilities from any right-of-way which has been vacated in favor of a non- governmental entity unless and until the reasonable costs thereof are first paid to the right-of-way user. (Ord. 9756,passed 6-20-2000) Penalty, see § 10.99 § 94.63 PRE-EXCAVATION FACILITY AND FACILITIES LOCATION. In addition to complying with the requirements of M.S. § 216D.01-09 ("One-Call Excavation Notice System"), as it may be amended from time to time, 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 the equipment and facilities. Any 21