§ 24.60.120. Utility installations—Order to change, relocate or remove facilities; "public convenience and necessity" defined.  


Latest version.
  • A.

    If, incident to construction of public place capital improvement projects by the municipality or to any other construction for the public convenience and necessity authorized or ordered by the municipality in any public place, the municipality determines and orders that a utility facility located across, within, over, along or under a public place must be changed, relocated or removed, the utility owning or in charge of the facility shall commence to and shall change, relocate or remove it in accordance with the order, which shall include a time of completion.

    B.

    If the utility facility is not changed, relocated or removed, or work commenced to effect the change, relocation or removal, within the time required by the order, the municipality may change, relocate or remove it at the utility's expense or take whatever other action is necessary for compliance with the order. The director of development services shall adjust the time for compliance if the delay is due to circumstances beyond the control of the utility and delay is in the best interest of the municipality. The original permit shall be void upon 20 days' notice. Said notice may be given before or after the due date for compliance with the order. The facility shall then be treated as an unauthorized encroachment under section 24.90.030, after the order and 20 day notice period expire without compliance.

    C.

    Except as provided in subsection G, the municipality shall pay the reasonable costs of changing, removing, or relocating a utility's facilities located along, across, within, above or under a public place where:

    1.

    The change, removal, or relocation is requested, in writing, by the municipality incident to a municipal capital project or other capital activity and the utility facility was properly constructed and installed under a valid permit or other instrument entered into by the municipality, or a predecessor in interest; or

    2.

    The change, removal, or relocation is necessitated by a disturbance to the utility's facilities incident to the municipality constructing facilities or otherwise working in the public place and the utility facility was constructed and installed under a valid permit or other instrument entered into between the municipality, or a predecessor in interest, and the utility which expressly provided for a different manner or method of bearing costs or expenses of changes, relocations or removals; or

    3.

    The municipality is obligated to reimburse the cost under section 21.90.080.

    Utilities need not have been issued a permit for facilities first installed prior to September 16, 1975, or for facilities installed before the right-of-way became a municipal public place in order to be eligible for reimbursement. However, to the extent permits issued prior to September 16, 1975 exist, those permits must be produced prior to a determination of eligibility. Facilities must be in compliance with those permits to be eligible for reimbursement.

    D.

    In all cases where a valid permit is presumptively required as a condition for municipal reimbursement of a utility relocation, and the actual permit document is unavailable, the municipality will review circumstantial evidence of a permit, or a permit waiver, or an absence of a permit requirement prior to its determination of reimbursement eligibility.

    E.

    Nothing in this section shall be construed to permit any utility to locate without the express consent of the municipality, or municipal permit, any utility facility in, over, along or under a public street or place or other property of the municipality.

    F.

    As used in sections 24.60.050 through 24.60.170, relative to street improvements, the term "public convenience and necessity" includes:

    1.

    The construction or reconstruction of the street improvement;

    2.

    The widening of any existing street;

    3.

    The relocation of existing street improvements; or

    4.

    Change in street grade.

    G.

    A utility shall not be eligible for reimbursement of the costs of changing, removing, or relocating its facilities where:

    1.

    The utility has failed to install the facilities in a reasonably prude manner, in compliance with all federal, state, and municipal standards applicable at the time of installation, or in situations when the utility has placed facilities in the public place without approval of a permit, easement or other valid authorization, except as provided in 24.60.020C, 24.60.120C, or 24.60.120D, or where the facilities are not in compliance with the municipal permit, easement or other valid authorization allowing for their installation.

    2.

    An emergency necessitates repairs by the municipality to restore the serviceability of the public place in the condition existing when the utility first constructed its facilities and the repairs create a need to change, remove, or relocate the facilities.

    3.

    The costs are attributed to a betterment of the relocated facility.

    4.

    The costs are attributable to a relocation done for the convenience of the utility.

    5.

    The costs do not exceed the salvage value of the facilities changed, removed or relocated. However, costs exceeding the salvage value are eligible for reimbursement.

    H.

    A utility changing, removing, or relocating its facilities under this section must comply with 24.60.020.

(CAC 10.40.120; AO No. 84-62; AO No. 99-13(S), § 19, 2-32-99; AO No. 2003-68, § 9, 9-30-03)