(A) Upon License Agreement cancellation. In the event any License Agreement shall be canceled or shall expire, any Pay Telephone authorized under said License Agreement shall be treated as if it were Abandoned and it shall be removed from the Public Property or Rights-of-Way by the provider at his/her own expense. The Property shall be restored to its original condition, to the reasonable satisfaction of the City Engineer.
(B) Upon request of City. Temporary or permanent request. A Qualified Provider shall temporarily or permanently protect, support, disconnect, relocate, or remove any of its property, at its sole cost and expense, when required to do so in writing by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare. The Qualified Provider shall execute an acknowledgement of the City's written request, however, failure to do so does not negate the Qualified Provider's obligation to comply with the written request.
(C) Voluntary removal.
If a Qualified Provider desires to voluntarily remove a Pay Telephone, it shall notify the City Manager or his/her designee, in writing, completely remove the Pay Telephone, and restore the Public Property or Rights-of-Way to its original condition at its own expense to the reasonable satisfaction of the City Engineer.
(D) Abandonment. If a Qualified Provider does not voluntarily remove a Pay Telephone which is determined to be Abandoned as defined herein, the City shall notify the Qualified Provider, in writing, giving seven days to remove the identified Pay Telephone. If the Pay Telephone is not removed within the seven-day notice period, the City shall remove it and put it temporarily in storage. Qualified Provider shall be responsible for paying the City its actual costs associated with the removal, storage and restoration of the property to its original condition. If Qualified Provider does not reclaim its property and obtain possession within 90 days, the City shall consider the Pay Telephone surplus material and dispose of it appropriately.
(E) Nonconforming pay telephones. Ninety (90) days after the effective date of this amended ordinance, and at any time thereafter, any Pay Telephone in violation of any provision of this chapter and its Qualified provider shall be subject to the procedures, remedy and due process provided under Chapter 36, Code Enforcement and/or chapter 101, Nuisances.
(F) Costs. The City shall bear no cost or expense for removal, relocation or disconnection of any Pay Telephone, or for the restoration of any Rights-of-Way disturbed by the removal of any Pay Telephone.
(Ord. O-96-48, passed 11-6-96; Am. Ord. 0-99-37, passed 11-3-99)