A. Discontinued Operations: A right-of-way user who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant obligations for its facilities in the right-of-way under this chapter, including removal and disposal of hazardous materials, have been lawfully assumed by another registrant.
B. Removal: A right-of-way user shall notify the City when facilities are to be abandoned. A right-of-way user who has abandoned facilities in a public right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the Director waives this requirement.
C. Non-Completion Or Abandonment Of Work: Work shall progress expeditiously to completion in accordance with any time limitation specified in the right-of-way permit or small wireless facility permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right-of- way permit or small wireless facility permit or ceases or abandons the work without due cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention to do so, correct the work, fill any excavation, and repair the public right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The City shall make or contract for all temporary and permanent repairs, including but not limited to backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for all costs incurred for such work. If the permit holder fails to reimburse the City within thirty (30) days of billing, the City may do any or all of the following: 1) reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; 2) deny the permit holder any future right-of- way permits or small wireless facility permits; and 3) impose a delay penalty. (Ord. 2019-003, 3-19-2019)