(A) Except for right-of-way occupancy permittees for residential purposes, when the permit so allows, any right-of-way occupancy permittee that intends to discontinue use of and abandon any facilities within the rights-of-way shall submit a written notice to the Deputy City Manager, describing the portion of the facilities to be discontinued and abandoned, any plan for securing the same and the proposed date of abandonment, which date shall not be less than 60 days from the date such notice is submitted to the Deputy City Manager. A permittee shall not abandon such facilities without such notice. The permittee shall remove, secure, and/or abandonin place such facilities if and as required by the written order of the Deputy City Manager so long as such order is issued no more than 60 days from the date said notice is submitted to the Deputy City Manager.
(B) Should any permittee fail, after notice, to remove or rearrange facilities at the Deputy City Manager's request as specified in § 908.06(A)(5) or comply with the Deputy City Manager's order pursuant to division (A) of this section, the city 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 city shall have no liability for any damage caused by such action and the permittee shall be liable to the city for all reasonable costs incurred by the city in such action.
(Ord. 9351, passed 7-11-06; Am. Ord. 2017-034, passed 4-25-17)