A. Discontinued Operations: A registrant who has determined to discontinue its operations with respect to any 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 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 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 an additional bond or an increased bond amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment.
B. Abandoned Equipment: Equipment of a registrant which fails to comply with subsection A of this section and which, for two (2) 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;
3. Requiring removal of the equipment by the registrant or by the registrant's surety; or
4. Exercising its rights pursuant to the performance and restoration bond.
C. Removal Required: Any registrant who has unusable 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. 186, 4-11-2019)