59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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(1) The Construction, Reconstruction, repair, maintenance or installation of any City or other public improvement, in, upon, or near the Public Right -of -Way; (2) The operations of the City or other governmental entity in or upon the Public Right -of -Way; (3) When the public health, safety, and welfare requires it, or when neces- sary to prevent interference with the safety and convenience of ordinary travel over the Public Rights of Way; or (4) The sale, conveyance, vacation, or narrowing of all or any part of the Public Right -of -Way. Notwithstanding the foregoing, a Service Pro- vider who has Facilities in the Public Rights -of -Way subject to a vaca- tion or narrowing that is not required for the purposes of the City, shall have a permanent easement in such vacated portion or excess portion in conformity with Ohio Revised Code Section 723.041. Notwithstanding the above, no Service Provider shall be required to bear the expense of removal, relocation, change or alteration of position of any Facilities if such requirement would be prohibited by law. (e) Removal of Unauthorized Facilities. Within thirty (30) days following writ- ten notice from the City, any Service Provider or other Person that owns, controls or maintains any unauthorized System, Facility or related appurte- nances in the Public Right -of -Way shall, at its own expense, remove those Facilities or appurtenances from the Public Right -of -Way of the City or shall arrange to sell the System, Facilities or appurtenances to the City, un- less removal or sale is prohibited by state or federal law. A System or Fa- cility is unauthorized and subject to removal, following notice, in the fol- lowing circumstances: (1) Upon revocation of the Service Provider's consent to Occupy or Use the Public Right -of -Way; (2) If the System or Facility was Constructed, Reconstructed, installed, op- erated, located or maintained without the consent to do so, except as otherwise provided by this chapter; (3) Upon abandonment of a Facility in the Public Right -of -Way, with the exception of underground facilities abandoned in a manner authorized and approved by the City; (4) If the System or Facility was Constructed, Reconstructed, installed, op- erated, located or maintained, or any Excavation of a Public Right -of- Way was performed, without prior issuance of a required Construction Permit, except as otherwise provided by this chapter; (5) If the System or Facility was Constructed, Reconstructed, installed, op- erated, located or maintained, or any Excavation of a Public Right -of- Way was performed, at a location not permitted pursuant to the City's consent to Occupy or Use the Public Right -of -Way or Construction Permit; or (6) If the Service Provider fails to comply with the Registration require- ments of Section 904.03 of this chapter. (02299394 -1)