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(A) In the event the ROW user severely disturbs or damages the root structure of any tree in the ROW to the detriment of the health and safety of the tree, the ROW user will be required to remove and replace the tree at the ROW user’s cost. In review of the ROW user’s plan, the City Engineer, discretionarily, may require the ROW user to directionally bore around any tree in the ROW.

(B) Upon the appropriate request of any person having satisfied City procedure and ordinances, the ROW user shall remove, raise, or lower its facilities temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the ROW user may require such payment in advance. The ROW user must be given not less than fifteen (15) days written notice from the person detailing the time and location of the moving operations, and not less than twenty-four (24) hours’ advance notice from the person advising of the actual operation.

(C) The City Engineer may cause to be removed any encroachment in the ROW that creates a hazard to public health, safety, or welfare, and the cost of such removal and restoration of the ROW shall be borne by the ROW user. (Ord. 16-58 § 1, 2016.)