(A) Within 60 days following written notice from the city, or such shorter time as the city may prescribe because of an emergency, a grantee shall, at no expense to the city, temporarily or permanently remove, relocate, change, or alter the position of any telecommunications facilities within the public way whenever the city shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:
(1) The construction, repair, maintenance, or installation of any city or other public improvements in the public way;
(2) The operations of the city or other governmental entity in the public way; or
(3) The public interest.
(B) Within 60 days following written notice from the city, any grantee, telecommunications provider, or other person that owns, controls, or maintains any unauthorized telecommunications system, facility, or related appurtenances within the public way of the city shall, at its own expense, remove such facilities or appurtenances from the public way of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
(1) One year after the expiration or termination of the grantee’s telecommunications franchise;
(2) If the system or facility was constructed or installed without the appropriate prior authority at the time of installation;
(3) If the system or facility was constructed or installed at a location not permitted by the grantee’s telecommunications franchise or other legally sufficient permit; or
(4) (a) Upon abandonment of a facility within the public way of the city.
(b) A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service for repairs, upgrading, or replacement or is in addition to or expansion of a facility in use, which addition or expansion has been installed to provide excess capacity to serve future needs.
(Ord. 2021-01, passed 3-10-2021) Penalty, see § 10.99