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

Home Browse Search

(f) Failure to remove or relocate Facilities. If the Service Provider fails to re- move or relocate any of its Facilities within the thirty (30) days period set forth in subsection (e) of this Section 904.05, or receive an extension of time from the Director for commencement and completion of removal or re- location, then, to the extent not inconsistent with applicable law, the City shall have the right, but not the obligation, to do the following: (1) Declare that all rights, title and interest to the Facilities belong to the City with all rights of ownership, including, but not limited to, the right to connect and use the Facilities or to effect a transfer of all right, title and interest in the Facilities to another Person for operation; or (2) Authorize removal of the Facilities installed by the Service Provider in, on, over or under the Rights of Way of the City at Service Provider's cost and expense, by another Person; however, the City shall have no liability for any damage caused by such action and the Service Provider shall be liable to the City for all reasonable costs incurred by the City in such action; and (3) To the extent not inconsistent with applicable law, any portion of the Service Provider's Facilities in, on, over or under the Public Right -of- Way of the City designated by the City for removal and not timely re- moved by the Service Provider shall belong to and become the property of the City, without payment to the Service Provider, and the Service Provider shall execute and deliver such documents, as the City shall re- quest, in form and substance acceptable to the City, to evidence such ownership by the City. (g) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any Facilities, or stop work on any Construc- tion, Reconstruction, installation, operation or Excavation, located in the Public Right -of -Way of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare; except to the extent that the City's actions would cause a dangerous or potentially dangerous situation. 904.06 NOTICE OF WORK, ROUTINE MAINTENANCE AND EMER- GENCY WORK. (a) Notice of Work, Generally. Except in case of Emergency, as provided in Section 904.06(c), or for Routine Maintenance as provided in Section 904.06(b), no Service Provider, or any Person acting on the Service Provid- er's behalf, shall commence any work in the Public Right -of -Way of the City or Other Ways without forty-eight (48) hours advance notice to the City, obtaining a Construction Permit pursuant to Section 904.07, if re- quired, and obtaining consent to Occupy or Use the Public Right -of -Way pursuant to Section 904.02, if required. The Service Provider shall further notify the Ohio Utility Protection Service (OUPS) not less than forty -eight (48) hours in advance of any Excavation or work in the Public Right -of- Way. (b) Routine Maintenance and New Service Orders. (1) A Service Provider need not obtain a Construction Permit or notify the City prior to or after commencing any Routine Maintenance or New {02299394 - 11