(A) Except for special right-of-way permittees for residential purposes, any right-of-way permittee that intends to discontinue use of any facilities within the rights-of-way shall submit a written notice to the City Manager describing the portion of the facilities to be discontinued and the date of discontinuance, which date shall not be less than 30 days from the date such notice is submitted to the City Manager. The permittee may not remove, destroy or permanently disable any such facilities alter such notice without the written approval of the City Manager. The permittee shall remove and secure such facilities as set forth in the notice unless directed by the City Manager to abandon such facilities in place.
(B) Upon such abandonment and acceptance by the city in writing, full title and ownership of such abandoned facilities shall pass to the city without the need to pay compensation to the permittee. The permittee shall, however, continue to be responsible for all taxes on such facilities or other liabilities associated therewith, until the date the same was accepted by the city.
(C) Should any permittee fall, after notice, to remove or rearrange facilities at the City Manager's request as specified in § 98.06(A)(4), the city may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, such necessary removal or rearrangement. The city shall have no liability for any damage caused by such removal or rearrangement and the permittee shall be liable to the city for all costs incurred by the city in such removal or rearrangement.
(Ord. 152-97, passed 12-15-97) Penalty, see § 98.99