Chapter 7.02
UTILITY RELOCATION
Sections:
7.02.030 Relocation order authorized.
7.02.010 Definitions.
As used in this chapter:
A. “City administrator” means and includes his or her designee.
B. “Facilities” means and includes all poles, wires, pipes, pumps and other appurtenances within, under or above the city rights-of-way and utilized by the utility.
C. “Utility” means and includes any company or legal entity, public or private, engaged in the business of furnishing the public with electricity, telephone, telecommunications, fiber-optic cable, natural gas, water and/or sewerage services. (Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)
7.02.020 Relocation required.
Whenever ordered by the city administrator as provided herein, any utility shall relocate its facilities within the city right-of-way at its sole cost and expense. (Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)
7.02.030 Relocation order authorized.
The city administrator is authorized to require utilities to relocate their facilities under the following circumstances:
A. When the right-of-way is to be improved and such facilities are located either in the area of the right-of-way is to be improved, or are located in such a way as to be a hazard or potential hazard to the public health and safety.
B. When such facilities are located in the right-of-way such that they conflict with the planned location of other city-owned facilities.
C. Relocation shall include another area of the same right-of-way, or if no such area exists which will meet the provisions of this chapter, then to another city right-of-way. (Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)
7.02.040 Contents of order.
The city administrator’s order to the utility to relocate its facilities shall contain the following:
A. A description of the facilities to be relocated and the reasons why such relocation is necessary.
B. A description of where within the right-of-way such facilities are to be relocated and/or a requirement that the utility submit plans to the city for approval showing the relocation and a date by which such plans shall be submitted.
C. A date by which such relocation is to be accomplished. (Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)
7.02.050 Appeal.
The utility may appeal the order to relocate if it files a notice of appeal with the city clerk within fourteen days of the date of the order. Appeal shall be to the city council. The utility shall have the burden of proving that the city administrator’s decision was clearly erroneous. The decision of the city council is final with any further appeal to Skagit County superior court. (Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)
7.02.060 Enforcement.
Failure of the utility to comply with the provisions of the city administrator’s order to relocate shall be a civil infraction with a civil fine as listed in the master fee schedule adopted by resolution of the city council. Each day of violation shall be deemed a separate infraction, subject to the civil fine as specified above. In addition, the city administrator is authorized to take such additional actions to enforce the provisions of this chapter, including civil action in superior court. (Ord. 2013-22 § 19, 2022; Ord. 1990-21 § 1, 2021; Ord. 1616-08 § 2 (part), 2008)