§ 62-100. Relocation of utility facility.

The county shall have superior rights to the use of its public roads and public right-of-way. The county reserves the right to perform any public works or public improvement necessary to maintain its public roads and public right-of-way. The county may therefore, upon written request to a permittee, require the relocation of a utility facility which is physically within the public right-of-way or public road and in conflict with proposed construction improvements by the county or its agents. Such relocation shall be at the permittee's sole expense when the relocation is necessary to improve or maintain the public road or public right-of-way for transportation uses, or where in the director of public work's sound discretion, the utility facility constitutes an obstruction or interference with the safe use or safe operation of such public road or public right-of-way by the traveling public.

(1)

Notification; failure to remove. Whenever the department of public work determines, in its sound discretion, that it is necessary to have a utility facility removed and relocated, the department of public works shall give the utility facility's owner or operator 60 days written notice directing the removal and relocation of such utility obstruction. Upon receiving written notice from the county to remove, or relocate facilities which are using or occupying a public right-of-way which the county has to improve, the permittee shall, within 60 days thereafter, begin arrangements for said removal or relocation in accordance with said written notice from the county. Should the utility facility's owner or operator fail to comply with such notice within a reasonable time sufficient to allow for procedures reasonably necessary for the removal and relocation of the facilities, the county may give the permittee a final notice directing that such removal begins not later than ten days from the receipt of such final notice.

(2)

Removal or relocation of facilities by the county. If the utility facility's owner or operator refuses or neglects to relocate said facilities existing in the public right-of-way within ten days of receipt of such final notice, or if an emergency affecting public safety or health exists requiring immediate relocation of the utility facilities, to the extent not inconsistent with state and federal law, the county may relocate such facilities by its own forces or by contract with any entity and the utility facility's owner or operator shall pay to the county the reasonable costs incurred in connection with such relocation.

(3)

Payment for relocation by county. Should the county incur any expense in the relocation of any utility facility under this section, a statement of such expenses shall be submitted to the utility facility's owner or operator, which shall make payment to the county. In the event the utility facility's owner or operator does not make payment or arrange to make payment to the county within 60 days after receipt of such statement, the department of public works shall certify the amount for collection by the county attorney.

(4)

Removal or relocation of facilities for aesthetic purposes. If the relocation of facilities in the right-of-way or public road is for aesthetic purposes or purposes not related to improving the public right-of-way for transportation purposes or to maintain the public right-of-way for health or safety reasons, then the cost of such relocation shall be borne by the requesting third party and not by the county or the utility facility's owner or operator.

(5)

Removal or relocation of facilities by an act of God. If an act of God necessitates the relocation of a utility facility located in the public rights-of-way or public road, the cost of such relocation shall not be borne by the utility facility's owner or operator.

(Res. No. 02-0264, 2-20-02)