(a) In the event any Permittee, other than a Residential Permittee, intends to remove facilities, excluding normal repairs and maintenance, or abandon any facilities within the Right-of-Way, such Permittee shall submit a notice to the Director describing the portion of the facilities to be removed or abandoned and the date of removal or abandonment, which date shall not be less than thirty days from the date such notice is submitted to the Director. The Permittee may not remove, destroy or permanently disable any such facilities without the written approval of the Director. The Permittee shall remove and secure such facilities as set forth in the notice unless directed by the Director to abandon such facilities in place.
(b) Upon such abandonment, the City may elect to accept title to the abandoned facility. Such acceptance shall be in writing and upon such acceptance, 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 liability associated therewith, until the date the same was accepted by the City.
(c) Within ninety days following written notice from the City, any Permittee or other Person that owns, controls or maintains any unauthorized telecommunications facility or related appurtenances within the Rights-of-Way of the City shall, at such Permittee's or other person's expense, remove such facilities or appurtenances from the Rights-of-Way of the City. A telecommunications facility is unauthorized and subject to removal in the following circumstances:
(1) Upon expiration or termination of the Permittee's Permit.
(2) Upon abandonment of a facility within the Rights-of-Way of the City.
(3) If the system or facility was constructed or installed without the prior grant of a Permit or Franchise.
(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(5) If the system or facility was constructed or installed at a location not permitted by the Permittee's Permit.
(d) The City retains the right and privilege to cut or move any telecommunications facilities located within the Rights-of-Way as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City will use its best efforts to provide prior notice and coordinate any such effort with the Permittee.
(e) Unless directly and proximately caused by the willful, intentional or malicious acts of the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Rights-of-Way by or on behalf of the City.
(f) When a Residential Permit is canceled, the Permittee shall remove all facilities installed on the Right-of-Way, at Permittee's expense.
(Ord. 97-36. Passed 12-1-97.)