(A) Within 30 days following written notice from the city, or at a later date agreed upon by the parties, any communications provider or other person who owns, controls, or maintains any unauthorized system, facility, or related appurtenances within the public rights-of-way shall, at its own expense, remove such system, facilities, and/or appurtenances from the city public rights-of-way.
(B) A system, facility, or appurtenance is subject to removal under this section in the following circumstances:
(1) One year after the expiration or termination of the communications provider’s franchise agreement, unless the city has provided written authorization for abandonment in place.
(2) Upon abandonment of a facility within the public rights-of-way.
(a) A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer.
(b) A facility will not be considered abandoned if it is temporarily out of service during performance of repairs or if the facility is being replaced. The city shall contact the provider before concluding that a facility is abandoned. A facility may be abandoned in place and not removed if the city authorizes such abandonment and nonremoval in writing, and there is no apparent risk to the public safety, health, or welfare.
(3) If the facility was constructed or installed without the appropriate prior authority at the time of construction or installation.
(4) If the facility was constructed or installed at a location not authorized by the communications provider’s franchise or other legally sufficient permit.
(Ord. 557-2019, passed 12-9-2020)