The following provisions shall not apply to facilities used in the provision of services other than cable services as to which no cable license is required:
(A) If the use of substantial part of the cable system is discontinued for any reason for a continuous period of 12 months, or if such cable system or property has been installed in any street or public place without complying with the requirements of the licensee's license or this chapter, or the license has been terminated, canceled or has expired without renewal, the licensee shall promptly, upon being given 10 days' written notice from the public works director, remove from the streets or public places all such property and poles of such cable system other than any underground cable or any other underground property which the manager may permit to be abandoned in place. Upon such removal, the licensee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the manager.
(B) Any property of the licensee remaining in place 180 after the termination or expiration of the license shall be at the option of the town considered permanently abandoned. The town may extend such time.
(C) Any property of the licensee permitted to be abandoned in place shall be abandoned in such a manner as the public works director shall prescribe. Upon permanent abandonment of the property of the licensee in place, the property shall become that of the town, and the licensee shall submit to the town an instrument in writing, to be approved by the town attorney, transferring to the town the ownership of such property.
(D) At the town's discretion, any property of the licensee not permitted by the town to be abandoned in place may be removed by the town at licensee's expense.
(Ord. 16-825, passed 9-13-2016)