Unless preempted by state or federal law, in the event any right-of-way or public property used by a permittee shall be vacated or conveyed to others by the city during the term of any permit granted pursuant to this chapter, the permittee shall, at the permittee's expense, forthwith remove its facilities there from unless specifically permitted by the city to continue the same, and upon the removal thereof, restore, repair or reconstruct the area where such removal has occurred to a condition materially equivalent to that existing before such removal took place. Regulations may be adopted to further specify this requirement. In the event of failure, neglect or refusal of the permittee, after 30 days written notice by the city to remove the facilities or to repair, restore, reconstruct, improve or maintain such vacated area, the city may do such work or cause it to be done, and the cost thereof as found and declared by the city shall be paid by the permittee as directed by the city and collection may be made by any available remedy.
(Ord. 5-08, passed 3-3-08) Penalty, see § 54.99