A. Discontinued Operations: A registrant who has determined to discontinue its operations in the City must either:
1. Provide information satisfactory to the Director 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 Director 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 a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment.
B. Abandoned Equipment: Equipment of a registrant who 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 useable condition, or 3) requiring removal of the equipment by the registrant, or the registrant's successor in interest.
C. Removal: Any registrant who has unusable and abandoned 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 Director. (Ord. 217, 6-22-1998)