923.03 DISCONTINUANCE OF OPERATIONS, ABANDONED AND UNUSED FACILITIES.

   (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 Safety-Service 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 Safety-Service 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 O.R.C. Sections 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 923.21(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 O.R.C. Sections 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 O.R.C. Section 715.261.

      (Ord. 24-2001. Passed 11-5-01.)