§ 132.23 ABANDONMENT OF A COMMUNICATIONS FACILITY.
   132.23(A)   Duty to notify . Upon of a owned by a   , the shall notify the of such within 90 calendar days.
   132.23(B)   Notice to remove facilities. The may direct the by written notice to remove all or any portion of such facility at the ’s sole expense if the determines that the facility’s presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such facility:
   132.23(B)(1)   Compromises safety at any time for any user or during or maintenance ;
   132.23(B)(2)   Prevents another from locating facilities in the area of where the facility is located when other alternative locations are not reasonably available; or
   132.23(B)(3)   Creates a maintenance condition that is disruptive to the ’s use.
   132.23(B)(4)   In the event of subsection 132.23(B)(2) above, the may require the third to coordinate with the that owns the existing facility for joint removal and placement, where agreed to by the registrant.
   132.23(C)   Consent to remove facilities. In the event that the does not direct the removal of the facility, the , by its notice of to the shall be deemed to consent to the alteration or removal of all or any portion of the facility by the or another at such third party’s cost.
   132.23(D)   Failure to remove facilities. If the fails to remove all or any portion of an facility as directed by the within a reasonable time period as may be required by the under the circumstances, the may perform such removal and charge the cost of the removal against the .
(Ord. 2010-23, passed 10-4-2010)