(A) A provider who has discontinued or is discontinuing operation of any system in the city shall:
(1) Provide information satisfactory to the city that the provider's obligations for its system in the rights-of-way under this chapter and any other chapters in the Codified Ordinances or other laws have been lawfully assumed by another applicant and/or provider; or
(2) Submit a written proposal to re-use its facilities in a manner that promotes the city's goals of providing innovative and economic solutions to efficiently and economically utilize limited rights-of-way capacity. Said proposal must be approved by the Public Works Director; or
(3) Submit a written proposal for abandonment of facilities in place indicating why good engineering practice would support this type of solution. Said proposal must be approved by the Public Works Director; or
(4) Completely remove its entire system within a reasonable amount of time and in a manner acceptable to the city; or
(5) submit to the City, in good faith and within a reasonable amount of time, and in accordance with R.C. §§ 4905.20 and 4905.21, a proposal for transferring ownership of its facilities to the city. If a provider proceeds under this clause, the city may, at its option:
(a) Purchase the facilities; or
(b) Unless a valid removal bond has already been provided pursuant to § 51.21(B), require the provider to post a bond in an amount sufficient to reimburse the city for its reasonably anticipated costs to be incurred in removing the facilities.
(B) Facilities of a provider who fails to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to: abating the nuisance; or taking possession of the facilities and restoring them to a useable condition subject to the finding of the PUCO pursuant to the requirements of R.C. §§ 4905.20 and 4905.21; or requiring removal of the facilities by the provider or by the provider's surety. If the city determines to require a provider to remove unused facilities in any rights-of-way, the city shall use reasonable efforts to direct that this removal occur in conjunction with other scheduled excavation of the rights-of-way. If the city abates the nuisance it may take all action necessary to recover its costs to abate said nuisance, including but not limited to, those methods set forth in R.C. § 715.261.
(Ord. 10-2001, passed 9-5-01) Penalty, see § 51.99