§ 14-76. Forced relocation.

(a)

Any facility heretofore or hereafter placed upon, under, over, or along any public rights-of-way that is found by the city to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such public rights-of-way shall, upon thirty (30) days' written notice to the owner or its agent, be removed or relocated by such owner at its own expense except as explicitly provided under F.S. § 337.403. The city may waive or extend the time within which an owner shall remove or relocate a facility for good cause shown.

(b)

The owner shall remove all conduits, cables, poles, lines, and other system facilities which the owner installed or placed or had installed or placed without first having obtained the permits required in this article or applicable law, within thirty (30) days after the city provides the owner written notice ordering the owner to remove the same. If the owner fails to comply with the written notice, the city may remove or have removed the facilities by order of the city manager. In such instance the cost of removal, including twenty-five (25) percent of the actual removal costs for administrative expenses, shall be borne and paid by the owner upon demand. Such costs shall be collectible by the city in any lawful manner, together with attorneys' fees and costs of collection.

(c)

Removal or relocation at the direction of the city of an owner's lawfully placed or maintained facility in public rights-of-way shall be governed by the provisions of F.S. §§ 337.403 and 337.404, as they may be amended. Subject to F.S. § 337.403, whenever an order of the city requires such removal or change in the location of any facility from the public rights-of-way, and the facility owner fails to remove or charge the same at its own expense to conform to the order within the time stated in the notice, the city may proceed to cause the facility to be removed. The expense thereby incurred except as provided in F.S. § 337.403(1)(a)—(c), shall be paid out of any money available therefor, and such expense shall be charged against the owner of the facility and levied, collected and paid to the city.

(d)

Subject to F.S. § 337.403, whenever it shall be necessary for the city to remove or relocate any facility, the owner of the facility shall be given notice of such removal or relocation and an order requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than twenty (20) nor more than thirty (30) days in which to appear before the city council to contest the reasonableness of the order. Should the owner not appear, the determination of the cost to the owner shall be final, in accordance with F.S. § 337.404.

(e)

A final order of the city shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the office of the clerk of the circuit court of the county wherein the owner's property is located and/or by drawing upon the owner's performance construction bond. All costs and expenses referenced in this article, that are the responsibility of the owner, shall not be deducted from or credited against any other fees or taxes that the owner may be required to pay to the city pursuant to this article.

(f)

The city retains the right and privilege to cut or move any facilities located within the public rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility. The owner shall be responsible for costs and expenses incurred for such emergency repairs and construction.

(g)

The city shall have the right to make such inspections of facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this article. The city shall have access without charge to any manholes or hand-holes at any time, of a utility service provider in which the city has facilities, provided the city has given such provider reasonable prior notice so that such provider can have trained personnel present when the city accesses such manholes. Notwithstanding the foregoing, the city, in the proper exercise of its municipal police powers and duties with respect to the public rights-of-way, shall have access to all manholes and hand-holes without charge of such provider. In the event the city determines that a violation exists with respect to owner's placement or maintenance of facilities in the public rights-of-way that is not considered to be an emergency or danger to the public health, safety or welfare, the city will provide the owner no less than three (3) days' written notice setting forth the violation and requesting correction.

(h)

Following the completion of construction to place a new or replace an existing facility in the public rights-of-way, the owner shall promptly provide revised plans and "as-builts" including, but not limited to, horizontal and vertical profiles, within sixty (60) days after completion of any installation or construction. The plans shall be in a digitized format, showing the two-dimensional location of the facilities, based on the city's geographical database or other format acceptable to the city. The owner shall provide such plans at no cost to the city. The city shall maintain the confidentiality of such plans and any other information provided in accordance with F.S. § 202.195, as it may be amended.

(i)

To the extent not inconsistent with applicable law, an owner shall allow city facilities to be collocated within city's public rights-of-way through the use of a joint trench during owner's construction project. Such joint trench projects shall be negotiated in good faith by separate agreement between the owner and city and may be subjected to other city rights-of-way requirements. The city further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights-of-way within the limits of the city and within said limits as same may from time to time be altered.

(Ord. No. 18-16 , § 2, 11-13-18)