(A) Removal; underground. Upon revocation of a permit, or upon expiration of a permit if the permit is not renewed, the permittee may remove any underground facilities from the public rights-of-way which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of the facility to be removed. Except as otherwise provided, the permittee shall not remove any underground cable, pipe, conduit, or other facility which requires trenching or other opening of the public rights-of-way. The permittee shall remove, at its sole cost and expense, any underground cable, pipe, conduit, or other facility which is ordered to be removed by the city based upon a determination, in the sole discretion of the city, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the city to remove cable, pipe, conduit, or other facility shall be mailed to the permittee not later than 30 calendar days following the date of expiration or termination of the permit of its intention to remove facilities and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the city. Removal shall be completed not later than 12 months following the date of revocation or expiration of the permit. Underground facilities in the public rights-of-way, which are not removed within such time period, shall be deemed abandoned and, at the option of the city, title shall be vested in the city.
(B) Removal; above ground. Upon revocation of a permit, or upon expiration of a permit if the permit is not renewed, a permittee, at its sole cost and expense, shall, unless relieved of the obligation by the city, remove from the public rights-of-way all above ground elements of its system, including but not limited to poles, pedestal mounted terminal boxes, and lines attached to or suspended from poles.
(C) Permits; restoration; completion. A permittee shall apply for and obtain such encroachment permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable law or ordinances of the city, shall conduct and complete the work of removal in compliance with all such applicable law or ordinances, and shall restore the public rights-of-way to the same condition they were in before the work of removal commenced.
(Ord. 895, passed 10-13-03)