(A) Following the grantee's commencement of service through and over its cable television system, the grantee shall promptly remove from the public streets where its properties are located, all or any part of its facilities so located, when one or more of the following enumerated conditions occur:
(1) The grantee ceases to operate its system for a continuous period of 12 months from the date of the occurrence;
(2) The grantee fails to construct the system as hereinafter provided; or
(3) The franchise is terminated or revoked pursuant to notice as provided in § 112.25 hereof.
(B) Provided that the grantee shall be entitled to receive notice in writing from the village setting forth one or more of the occurrences hereinabove enumerated, or such other occurrence hereinbefore or hereinafter provided, and that the grantee shall have 90 days from the date on which the notice is received to remove its properties as hereinabove required.
(C) The Village Manager is authorized to enforce the provisions of this section as hereinafter provided:
(1) The Village Manager shall notify the grantee in writing of any occurrence provided for in this section for which the franchise may be terminated, forfeited, revoked, or declared void by the village, and that within 180 days following receipt of the notice, the grantee shall remove from the streets of the village on, over, and under which its properties are located, all of its properties unless otherwise authorized and permitted by the Safety-Service Director; and
(2) The Village Manager may declare abandoned any property of the grantee remaining in place 180 days after notification from the Village Manager as hereinabove provided, and that same shall be considered permanently abandoned property unless the Village Manager extends the time for removal of the property for a period not to exceed 30 days.
(D) Any property abandoned by the grantee as hereinabove or hereinafter provided shall become the property of the village and the grantee agrees to execute and deliver an instrument in writing, transferring its ownership interest in any such property to the village; provided that any notice given the grantee by the Village Manager, as provided in this section shall be deemed notice to any other persons claiming interest in the property of the grantee and those persons shall be subject to all the provisions hereinbefore provided.
(1995 Code, § 112.16) (Ord. 79-O-20, passed 7-9-1979)