(A) Discontinued operations. A registrant who has determined to discontinue its operations in the city must either:
(1) Provide information satisfactory to the Director that the registrant’s obligations for its equipment in the right-of-way under this chapter have been lawfully assumed by another registrant; or
(2) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the city. If a registrant proceeds under this clause, the city may, at its option:
(a) Purchase the equipment; or
(b) Require the registrant, at its own expense, to remove it; or
(c) Require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment.
(B) Abandoned equipment. Equipment of a registrant who fails to comply with division (A) above, and which, for two years, remains unused shall be deemed to be abandoned. Abandoned equipment is 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;
(2) Taking possession of the equipment and restoring it to a usable condition; or
(3) Requiring removal of the equipment by the registrant, or the registrant’s successor in interest.
(C) Removal. Any registrant who has unusable and abandoned equipment in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the Director.
(Ord. 152, passed 8-7-2000) Penalty, see § 10.99