(A) Discontinued operations. A registrant who has determined to discontinue its operations in the city must either:
(1) Provide information satisfactory to the city that the registrant’s obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant; or
(2) (a) Submit to the city a proposal and instruments for transferring ownership of its facilities to the city.
(b) If a registrant proceeds under this clause, the city may, at its option:
1. Purchase the facilities;
2. Require the registrant, at its own expense, to remove it; or
3. Require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.
(B) Abandoned facilities.
(1) Facilities of a registrant who fails to comply with division (A) above, and which, for two years remains unused, shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance.
(2) The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
(a) Abating the nuisance;
(b) Taking possession of the facilities and restoring it to a useable condition; or
(c) Requiring removal of the facilities by the registrant, or the registrant’s successor in interest.
(C) Removal. Any registrant who has unusable and abandoned facilities in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the city.
(2006 Code, § 14.90) Penalty, see § 91.99