1028.15 REMOVAL OF FACILITIES.
   (a)   Any right-of-way permit holder that intends to discontinue use of any facilities within the rights-of-way shall submit a written notice to the City Service Director describing the portion of the facilities to be discontinued and the date of discontinuance, which date shall not be less than thirty days from the date on which the notice is submitted to the City Service Director. The right-of-way permit holder shall not remove, destroy or permanently disable any such facilities after such notice without the written approval of the City Service Director. The right-of-way permit holder shall remove and secure such facilities as set forth in the notice unless directed by the City Service Director to abandon such facilities in place.
   (b)   Facilities of a provider that fail to comply with this section and which are abandoned are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to:
      (1)   Abating the nuisance and taking all action necessary to recover its costs and to abate said nuisance, including but not limited to, those methods set forth in ORC 715.261;
      (2)   Taking possession of the facilities and restoring them to a useable condition subject to a finding of the PUCO pursuant to the requirements of ORC 4905.20 and 4905.21; or
      (3)   Requiring removal of the facilities by the provider or by the provider's surety.
   (c)   Should any right-of-way permit holder fail, after notice, to remove or rearrange facilities at the City Service Director's request as specified in Section 1028.10(p), or as necessary to prevent injury or damage to persons or property and minimize disruptions to the efficient movement of pedestrian and vehicular traffic, the City may, as its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The City shall have no liability for any damage caused by such removal or rearrangement and the right-of-way permit holder shall be liable to the City for all costs incurred by the City in such removal or rearrangement.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)