§ 97.26 ABANDONMENT OF A COMMUNICATIONS FACILITY.
   (A)   Upon abandonment of a communications facility owned by a communications services provider in the public rights-of-way, the communications services provider shall notify the city within 60 days.
   (B)   The city may direct the communications services provider, by written notice, to remove all or any portion of such abandoned facility at the communications services provider's sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights-of-way user; (2) compromises the safety of other persons performing placement or maintenance of communications facilities in the public rights-of-way; (3) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located, when other alternative locations are not reasonably available; or (4) creates a maintenance condition that is disruptive to the use of the public rights-of-way's use. In the event of (2), the city may require the third person to coordinate with the communications services provider that owns the existing facility for joint removal and placement, where agreed to by the registrant.
   (C)   In the event that the city does not direct the removal of the abandoned facility, the communications services provider, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or another person at such third party's cost.
   (D)   If the communications services provider fails to remove all or any portion of an abandoned facility as directed by the city within the time period specified in the written notice, which time period must be reasonable under the circumstances, the city may perform such removal and charge the cost of the removal against the communications services provider.
(Ord. 1625, passed 8-20-20)