Unless preempted by state or federal law, in the event any street or right-of-way used by a permittee or franchisee shall be vacated by the Municipality during the term of any permit granted pursuant to this chapter, the permittee shall, at the permittee’s expense forthwith remove its facilities therefrom unless specifically permitted by the Municipality to continue the same or such continuance of use is permitted by state law, and upon the removal thereof, restore, repair, or construct the area where such removal has occurred to a condition materially equivalent to that existing before such removal took place. In the event of failure, neglect or refusal of the permittee after thirty days written notice by the Municipality to remove the facilities or to repair, restore, reconstruct, improve or maintain such vacated area, the Municipality may, if in accordance with applicable law, do such work or cause it to be done, and the cost thereof as found and declared by the Municipality shall be paid by the permittee as directed by the Municipality and collection may be made by any available remedy.
(Ord. 41-01. Passed 8-20-01.)