A. Within thirty (30) days following written notice from the Town, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its wireless communication facilities within the public right-of-way, including relocation of above-ground wireless communication facilities underground (consistent with the provisions of this chapter), whenever the Town has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Town improvement, the operations of the Town in, under or upon the public right-of-way, or otherwise is in the public interest. The provider shall be responsible to the Town for any damages the Town may incur as a result of the provider's failure to remove or relocate its wireless communication facilities.
B. The Town retains the right and privilege to cut or move any wireless communication facility located within the public right-of-way of the Town, as the Town may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Town shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the wireless communication facilities. In all cases the Town shall notify the provider after cutting or removing the wireless communication facility as promptly as reasonably possible.
C. A provider shall notify the Town of abandonment of any wireless communication facility at the time the decision to abandon is made; however, in no case shall such notification be made later than thirty (30) days prior to abandonment. Following receipt of such notice, the provider shall remove its wireless communication facility at the provider's own expense, unless the Town determines, in its sole discretion, that the wireless communication facility may be abandoned in place. The provider shall remain solely responsible and liable for all of its wireless communication facilities until they are removed from the public right-of-way unless the Town agrees in writing to take ownership of the abandoned wireless communication facilities.
D. If the provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its wireless communication facilities or remove any of its abandoned wireless communication facilities as required in this section, the Town or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any damages the Town incurs arising from the delay and attorneys' fees and expenses. (Ord. 2019-002, 5-7-2019)