(a) Unless otherwise authorized by a right of way permit, any right-of-way permittee that intends to discontinue use of and abandon any facilities located above ground in the rights of way shall remove such facilities from the rights-of-way within ninety days of discontinuation of use. Any forced abandonment of public-utility facilities will be under taken consistent with state law. A permittee with facilities located underground in the rights-of-way may abandon such facilities in place so long as the permittee takes all action necessary to ensure that such facilities do not constitute a public health or safety hazard and, to extent a permit is not required by Chapter 1020, the permittee notifies the municipality in writing of its abandonment of the facilities within ninety days and the action taken to abandon the underground facilities.
(b) Should any permittee fail, after notice, to remove or rearrange facilities at the Administrator's request as specified in Section 1010.06(A)(4) or comply with the provisions of Section 1010.12(A), the municipality may, at its option and in addition to the imposition of any penalties or other remedies hereunder, undertake or cause to be undertaken, any reasonable action necessary to remove, secure, or rearrange the facilities, after proper appeal to the Right-of-Way Committee has been made. The city may not take any unilateral action until such time as the Right-of-Way Committee hears the appeal and makes its ruling. The municipality shall have no liability for any damage caused by such action and the permittee shall be liable to the municipality for all reasonable costs incurred by the municipality in such action.
(Ord. 06-2007. Passed 5-3-07.)