(A) A registrant who has determined to discontinue its operations with respect to any facilities or equipment in any right-of-way, or segment or portion thereof, in the city must either:
(1) Provide information satisfactory to the city that the registrant’s obligations for its facilities and equipment in the right-of-way under this chapter have been lawfully assumed by another registrant; or
(2) Submit to the city a proposal and instruments for transferring ownership of its facilities and equipment to the city. If a registrant proceeds under this clause, the city may, at its option:
(a) Purchase the facilities or equipment;
(b) Require the registrant, at its own expense, to remove the facilities or equipment; or
(c) Require the registrant to post an additional bond or an increased bond amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities or equipment.
(B) Equipment or facilities of a registrant which fails to comply with the preceding paragraph and which, for two years, remains unused shall be deemed to be abandoned by the registrant. Abandoned facilities or 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 facilities or equipment and restoring it to a useable condition;
(3) Requiring removal of the facilities or equipment by the registrant or by the registrant’s surety; or
(4) Exercising its rights pursuant to the performance and restoration bond.
(C) Any registrant who has unusable facilities or 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 city.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)