Merced Municipal Code Ch. 12.12 Utility Property

As used in this chapter, "public way" means any street, alley, right-of-way or other property devoted to a public use.

(Prior code § 24.11).

The city council, or its duly authorized agent may, by written notice of demand, require any owner of a public utility or franchise or license, operating or conducting its business within the city, and who has placed or maintains within the city, any pole, pole line, pipe, pipe line, conduit or any other property or facility, upon, under or through any public way, to move the same at its own cost and expense to a different location whenever necessary to insure the safety of the public, or to permit work to be lane upon or improvement to be made in, on or through such public way and when such property or facility is situated where it interferes with any portion of the actual structure of any such work or improvement; provided, that no such change of location is required for a temporary purpose, except as otherwise provided in this chapter.

(Prior code § 24.12).

The written notice of demand referred to in Section 12.12.020 shall require the removal of the property or facility immediately and shall describe it with reasonable certainty as to its character and location and shall be personally served an such owner or his agent. In lieu of personal service, such notice may also be made by registered mail and by pasting for a period of five days, a copy of the notice at the point of the interference described in the notice.

(Prior code § 24.13).

The city council may remove, or cause to be removed, at the cost and expense of such owner, any such property or facility mentioned in Section 12.12.020, which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of the notice, and has an action to recover the costs and expenses of such removal, costs and expenses of suit, including a reasonable attorney's fee, and, in addition thereto, the sum of ten dollars for each day the property or facility remains after the expiration of five days from the service of the notice.

(Prior code § 24.14).

Where, in the judgment of the city engineer the expeditious and economical performance of any public work requires the temporary or permanent removal or support of the property of any owner of a public utility or franchise or license, where the same does not occupy the place that is to be occupied by some structural portion of such public work, or whenever in the judgment of the city engineer the performance of the work endangers any of the property wherever situated, the contractor or other person doing such work shall make arrangements with the owner of the property for the temporary or permanent removal or support of the property by the owner immediately, or for other changes that may be necessary to more rapidly perform such work, or to avoid or obviate any danger to any of the property, and the cost and expense of such removal or support or changes shall be borne by the contractor or other person doing the work. In the event the owner refuses to make such arrangements or perform the work required, the city engineer may serve on the owner or his agent a written notice of demand in the same form and substance and in the same manner as provided in Section 12.12.030.

(Prior code § 24.15).

The city council may do the work, or remove or cause to be removed any property or facility mentioned in Section 12.12.050, which is not removed, or the removal of which or work in connection therewith is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of the notice provided for in Section 12.12.050, and has an action against the owner to recover the sum of ten dollars per day for each day such property or facility remains, or the work is not performed, after the expiration of five days from the service of the notice.

(Prior code § 24.16).

Any person who does not remove, or cause to be removed, his property in the manner and with the time as provided in Sections 12.12.020 and 12.12.030 is, in addition to any civil liability therefor, guilty of a misdemeanor.

(Prior code § 24.17).

The city council designates the city engineer as its agent to enforce the provisions of this chapter and may, from time to time, by resolution, designate other agents for such purpose.

(Prior code § 24.18).