Facilities of a provider that fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are 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: abating the nuisance; or taking possession of the facilities and restoring them to a useable condition subject to the finding of the PUCO pursuant to the requirements of R.C. §§ 4905.20 and 4905.21; or requiring removal of the facilities by the provider or by the provider's surety. If the city determines to require a provider to remove unused facilities in any rights-of-way, the city shall use reasonable efforts to direct that this removal occur in conjunction with other scheduled excavation of the rights-of-way. If the city abates the nuisance it may take all action necessary to recover its costs to abate said nuisance, including but not limited to, those methods set forth in R.C. § 715.261.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)