Within thirty days following written notice from the City, any permit holder, service provider, or other person who or which owns, controls or maintains any unauthorized system, facility or related appurtenances within the public ways of the City shall, at its own expense, remove such facilities or appurtenances from the public ways of the City or shall arrange to sell said facilities or appurtenances to the City. After the thirty days have expired, the City may remove the facilities or appurtenances from the public ways at the other person's expense. A system or facility is unauthorized and subject to removal in the following circumstances:
(a) Upon termination of the permit holder's use permit;
(b) Upon abandonment of a facility within the public ways of the City;
(c) If the system or facility was constructed, reconstructed, installed, operated, located or maintained without the prior grant of a use permit;
(d) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a public way was performed, without prior issuance of a required construction permit, except as otherwise provided by this chapter; or
(e) If the system or facility was constructed, reconstructed, installed, operated, located or maintained, or any excavation of a public way was performed, at a location not permitted by the permit holder's use permit or construction permit, provided that any service provider that constructed, reconstructed, installed, operated, located or maintained or began constructing, reconstructing, installing, operating, locating or maintaining the system or facility, or began any excavation of a public way, prior to the effective date of this chapter, shall have ninety days from the effective date of this chapter to apply for the appropriate permit.
(Ord. 1998-11. Passed 6-22-98.)