Fremont Municipal Code Art. V Removal and Relocation

Permittee, at its own expense and pursuant to a timeline approved by the city engineer, shall protect the PROW and support or temporarily disconnect or relocate any of permittee’s facilities when necessitated by reason of: a change or establishment of street grade or width; street construction, resurfacing or maintenance work; temporary or permanent street closing not for the benefit of a private party; public safety; traffic conditions; and installation of sewers, drains, water pipes, storm drains, lift stations, force mains, street light facilities, traffic signal facilities, tracks, or any other public use of the public right-of-way. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1500.)

(a) The city engineer may order permittee to remove its facilities from public property or the public right-of-way at its own expense whenever the following occurs: permittee ceases to operate all or part of the facility for a continuous period of 12 months; permittee ceases and fails to complete construction of the facility outlined in the encroachment permit within the term or duration of the encroachment permit; or permittee’s encroachment permit is revoked.

(b) If not removed voluntarily by permittee, then the city engineer may notify permittee that should removal of the property not be accomplished within a specified reasonable time, the city engineer may order the removal of the facilities at permittee’s expense. The security fund identified in Section 12.05.300 shall be available to pay for such work.

(c) If the city removes permittee’s facilities and permittee does not claim the property within 30 days, then, as permitted by law, the city may declare the property surplus and sell it, with the proceeds of such sale going to the city.

(d) When a permittee removes its facilities from the PROW, permittee shall, at its own expense and as directed by the city engineer, restore the PROW.

(e) Permittee shall maintain the deactivated facilities at no cost to the city until removed by permittee. The permittee shall provide a written list to the city engineer of all deactivated facilities located within the city upon request. The permittee shall remove or disable nonuseful facilities in accordance with a removal plan approved by the city engineer.

(f) A permittee may abandon any facilities in place if approved and as directed by the city engineer. Upon such occurrence, permittee shall cause to be executed, acknowledged, and delivered to city such instruments as city engineer shall prescribe and approve transferring and conveying the ownership of such property to city. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1501.)

Subject to federal or state law or franchise rights, in the event any PROW or portion thereof used by permittee shall be vacated by the city, upon reasonable notice permittee shall remove its facilities at its cost from the PROW unless specifically permitted to continue. As a part of the removal, permittee shall restore, repair or reconstruct the area where the removal has occurred, to a condition as may be required by the city engineer. In the event of any failure, neglect or refusal of permittee, after 30 days’ notice by the city engineer, to do such work, city engineer may cause it to be done, and permittee shall pay to city the actual costs incurred. (Ord. 14-2007 § 2, 5-8-07. 1990 Code § 6-1502.)