§ 104-16. Abandonment of a communications facility.

(a)

Registrants shall comply with the provisions of subsections 104-6(9) and (10), relating to abandoned equipment and the addition of equipment. Further, upon abandonment of a communications facility owned by a registrant in public rights-of-way, the registrant shall notify the city, in writing, within 90 days. Additionally, registrants shall comply with the provisions of subsection 104-4(h) relating to annual registration and updating of facilities.

(b)

The city shall direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights-of-way user or during construction or maintenance in public rights-of-way; (2) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or (3) creates a maintenance condition that is disruptive to the public rights-of-way's use. In the event of (2) above, the city may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant.

(c)

In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or another person at such third party's cost.

(d)

If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period, not to exceed 60 days, as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant and utilize the bond required pursuant to section 104-14, for this purpose.

(Ord. No. 2001-3306, § 1, 5-16-01; Ord. No. 2015-3924, § 1, 2-11-15)