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excavation of the area where its equipment is located,move that equipment to its assigned <br /> .position within the right-of-way, unless this requirement is waived by the.City for good • <br /> cause shown, upon consideration of such factors as the remaining economic life of the <br /> facilities,public safety, customer service needs and headship to the registrant. <br /> Subd. 4. Nuisance. One year after the passage of this ordinance, any equipment found in <br /> a right-of-way that has not been registered shall be deemed to be a nuisance. The City may <br /> exercise any remedies or rights it has at law or in equity, including, but not limited to, <br /> abating the nuisance or taking possession of the equipment and restoring the right-of--way <br /> to a usable condition. <br /> Subd. 5. Limitation of Space. To protect health, safety and welfare,the City shall have the <br /> power to.prohibit or.limit the placement of new additional equipment within the right-of-way <br /> if there is insufficient space to accommodate all of the requests of registrant or persons to <br /> occupy and use the right-of-way. In making such decisions,the City shall strive to the extent <br /> possible to accommodate all existing and potential users of the right-of-way, but shall be <br /> guided primarily by considerations of public interest, the public's needs for the particular <br /> service,the condition of the right-of-way,the time of year with respect to essential utilities, <br /> the 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 the public <br /> interest. <br /> Section 1165.26 Relocation of Equipment. • <br /> Subd. 1. Removal of Equipment. A registrant must promptly and at its own expense,with <br /> due regard for seasonal working conditions,permanently remove and relocate its equipment <br /> and facilities in the right-of-way whenever the City requests such removal and relocation, <br /> and shall restore the right-of-way to the same condition it was in prior to said removal or <br /> relocation. The City may make such requests in order to prevent inference by the company's <br /> equipment or facilities with a present or future City use of the right-of-way; a public <br /> improvement undertaken by the City; an economic development project in which the City <br /> has an interest or investment; when the public health,safety and welfare requires it; or when <br /> necessary to prevent interference with the safety and convenience or ordinary travel over the <br /> right-of-way. <br /> Notwithstanding the forgoing, a person shall not be required to remove of relocate its <br /> equipment from any right-of-way which has been vacated in favor of non-governmental <br /> entity to the person therefor. <br /> Section 1165.27. Pre-Excavation Equipment Location. In addition to complying with the <br /> requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start <br /> date of any right-of-way excavation, each registrant who has equipment located in the area to be <br /> -20- • <br />