§ 7-1.244. Existing encroachments: Required removal or relocation: Specifications.

If any City street improvement to the right-of-way requires the relocation or removal of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense, except as otherwise provided by State laws. When relocation is required, the Director of Public Works shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the Director of Public Works and a reasonable time within which the encroachment shall be relocated or removed. If the permittee fails to comply with such instructions, the City may relocate or remove the encroachment at the expense of the permittee in accordance with the schedule of fees adopted by the Council.

In determining what is a reasonable time for the purposes of this section, the Director of Public Works shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the intact property to the owner, and other facts peculiar to the particular situation.

The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy City rights-of-way pursuant to a franchise or an express provision of State laws. However, the provisions of this section shall not apply to such public agencies and public utilities if such improvement of the street right-of-way is required due to the construction of a State freeway.

When an encroachment is removed and not replaced, the entire encroachment shall be removed from the right-of-way, and the hole shall be backfilled and compacted and returned to its preexisting condition, unless the Director of Public Works permits otherwise.

(§§ 12151 and 12212, S.V.M.C.; as amended by § 3, Ord. 847, effective October 19, 1995)