(A) In the event any permittee intends to discontinue use of any facilities within the right-of-way, such permittee shall submit a notice to the Public Works Director describing the portion of the facilities to be discontinued and the date of discontinuance, which date shall not be less than 30 days from the date such notice is submitted to the Public Works Director. The permittee may not remove, destroy or permanently disable any such facilities after such notice without the written approval of the Public Works Director. The permittee shall remove and repair surface conditions, and secure such facilities as set forth in the notice unless directed by the Public Works Director to abandon such facilities in place.
(B) Upon such abandonment and acceptance by the city in writing, full title and ownership of such abandoned facilities shall pass to the city, excluding any environmental hazards, and the city shall have no obligation to pay compensation to the permittee. The permittee shall, however, continue to be responsible for all taxes on such facilities or other liabilities associated therewith, until the date the same is accepted by the city.
(C) Facilities of a provider which fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a public 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. 5-08, passed 3-3-08) Penalty, see § 54.99