(A) Within 30 days following written notice from the municipality, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its wireless communication facilities within the right-of-way, including relocation of above-ground wireless communication facilities underground (consistent with the provisions of this article), whenever the municipality has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any municipal improvement, the operations of the municipality in, under or upon the right-of-way, or otherwise, is in the public interest. The wireless provider shall be responsible to the municipality for any damages the municipality may incur as a result of the provider’s failure to remove or relocate its wireless communication facilities.
(B) The municipality retains the right and privilege to cut or move any wireless communication facility located within the right-of-way of the municipality, as the municipality may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the municipality shall notify the wireless provider and give the provider an opportunity to move its own facilities prior to cutting or removing the wireless communication facilities. In all cases, the municipality shall notify the wireless provider after cutting or removing the wireless communication facility as promptly as reasonably possible.
(C) A wireless provider shall notify the municipality of abandonment of any wireless communication facility at the time the decision to abandon is made; however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the wireless provider shall remove its wireless communication facility at the provider’s own expense, unless the municipality determines, in its sole discretion, that the wireless communication facility may be abandoned in place. The wireless provider shall remain solely responsible and liable for all of its wireless communication facilities until they are removed from the right-of-way unless the municipality agrees in writing to take ownership of the abandoned wireless communication facilities.
(D) If the wireless provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its wireless communication facilities or remove any of its abandoned wireless communication facilities as required in this subsection (D), the municipality or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any damages the municipality incurs arising from the delay and attorneys’ fees and expenses.
(Ord. 909, passed 9-3-2019)