(a) Unless otherwise authorized by a right-of- way permit, any right-of-way permittee that intends to discontinue use of and abandon any facilities located above ground in the rights-of-way shall remove such facilities from the rights-of-way within 180 days of discontinuation of use. A permittee with facilities located underground in the rights-of-way may abandon such facilities in place so long as the permittee takes all action necessary to ensure that such facilities do not constitute a public health or safety hazard and, the permittee notifies the municipality in writing of its abandonment of the facilities within 180 days and the action taken to abandon the underground facilities.
(b) Should any permittee fail, after notice, to remove or rearrange facilities at the Administrator's request as specified in § 1019.06(a)(4) or comply with the provisions of division (a), the municipality may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, any reasonable action necessary to remove, secure, or rearrange the facilities. The municipality shall have no liability for any damage caused by such action and the permittee shall be liable to the municipality for all reasonable costs incurred by the municipality in such action.
(Ord. 2714, passed 12-17-07)