A. Overview. The city may take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve city-owned property. Such actions may temporarily or permanently interfere with a telecommunications facility. The city shall in all cases, other than emergencies, give the permittee written notification of such planned, non-emergency actions no fewer than 14 days before such actions.
B. Summary Removal. If the director determines that the condition or placement of a telecommunications facility on city-owned property is a dangerous condition, obstructs the public right-of-way, is an imminent threat to public safety, or that other exigent circumstances require immediate corrective action, the director may cause the facility to be removed immediately without advance notice or a hearing. Written notice must include the basis for removal and must be served upon the permittee and owner within 5 business days of removal. The city shall preserve all property removed for the permittee or owner to claim. If the permittee or owner fails to claim the property within 60 days, the property will be treated as abandoned and subject to disposal or reuse in the city's sole discretion.
C. Non-liability for removal. If the city removes a telecommunications facility pursuant to this section, the city has no liability for any damage to the facility that may result from removal. The city has no obligation to restore such facility. The permittee has no claim if the city removes a telecommunications facility pursuant to this section. (Ord. 2020-0018 § 2)