Subd. 1. Discontinued operations. A registrant who has determined to discontinue its operations in the city must either:
a. Provide information satisfactory to the City Engineer that the registrant's obligations for its equipment in the right-of-way under this section have been lawfully assumed by another registrant; or
b. Submit to the City Engineer an action plan for the removal or abandonment of equipment and facilities. The City Engineer shall require removal of such facilities and equipment if the City Engineer determines such removal is necessary to protect the public health, safety and welfare. The City Engineer may require the registrant to post a construction performance guarantee in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities and equipment.
Subd. 2. Abandoned facilities and equipment. Facilities and equipment of a registrant located on the surface of or above a right-of-way or on public grounds which remains unused shall be deemed to be abandoned. Such abandoned equipment is 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:
a. Abating the nuisance; or
b. Requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. Appeals under this section shall follow the procedures in § 901.16 of this chapter.
Subd. 3. Removal of underground equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any right-of-way shall promptly remove it from that right-of-way.
(Ord. 552, passed - -2018; Ord. 569, passed 8-26-2019)