8-5-12: REMOVAL OF ABANDONED MAJOR UTILITY INFRASTRUCTURE:
Any infrastructure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such infrastructure shall so notify the City in writing and shall remove the same within ninety (90) days of giving notice to the City of such abandonment. Additionally, upon written notice from the City that the utility infrastructure has been abandoned by the owner of such infrastructure for a continuous period of more than twelve (12) months, the owner shall remove the same within ninety (90) days. If the removal cannot be accomplished within this timeframe, the owner shall request an extension and provide a plan to remove the same and the associated timelines to accomplish the removal. Failure to remove abandoned infrastructure within said ninety (90) days or the approved timeline of the extension shall be grounds to remove the infrastructure at the owner's expense, including all costs and attorneys' fees. Irrespective of any agreement between them to the contrary, the owner of such unused facility and the owner of the land upon which the unused facility is located, shall be jointly and severally responsible for the removal of abandoned unused facilities and facilities foundation, if any. (Ord. 596, 5-24-2019)