A. Unless otherwise provided in the franchise agreement, if the use of a franchise relating to the occupation of a public right-of-way is discontinued for any reason for a period of twelve consecutive months, or in the event such franchise has been installed into the public right-of-way without complying with the requirements of the franchise agreement or this chapter, or the franchise has been terminated, canceled or has expired, the franchisee shall within thirty days upon being given written notice from the city's public works director, provide a removal plan to the public works director describing the method and procedure to cause the removal from the public right-of-way all such property and equipment of such franchise unless the public works director gives written permission allowing in-place abandonment of equipment and facilities. Within thirty days of the removal plan approval, franchisee shall commence removal in accordance with the plan.
B. In lieu of abandonment in place, the franchisee may pay a fee for the maintenance of inactive facilities. In such case franchisee remains liable for proper maintenance of the facilities in accordance with the franchise agreement. Inactive facility fees may be kept by the city in a fund to be utilized to assist franchisees in removing facilities in the future as a part of the public or private public right of way improvement projects.
C. After removal of any equipment or facilities from the public right-of-way, the franchisee shall promptly restore the right-of-way to a condition satisfactory to the city's public works director.
D. Failure of the franchisee to submit a removal plan, as provided in division A. of this Section 13.01.170 within thirty days, or failure to complete removal in accordance with such plan, shall result in the city making a determination as to whether to cause the removal or leave the property or equipment abandoned in-place. Any removal or legal costs or fees incurred by city pursuant to this Section shall be repaid by franchisee.
E. The removal or abandonment of any property or equipment shall not release the franchisee from any warranty and indemnity provisions in the franchise or the franchise agreement, including but not limited to any hazardous waste indemnity, which shall survive the termination of the franchise agreement unless otherwise provided therein.
(Ord. 2009-08-1401 § 1(part), 2009)