(a) Discontinuance of Operations. A Provider who has discontinued or is discontinuing its operation of any system in the City shall:
(1) Provide information satisfactory to the City that the Provider's obligations for its system in the rights-of-way under this Chapter and any other chapters in the Code or other laws have been lawfully assumed by another applicant and/or Provider; or
(2) Submit a written proposal to re-use its facilities in a manner that promotes the City's goals of providing innovative and economic solutions to efficiently and economically utilize limited rights-of-way capacity. Such proposal must be approved by the Public Service Director; or
(3) Submit a written proposal for abandonment of facilities in place indicating why good engineering practice would support this type of solution. Such proposal must be approved by the Public Service Director; or
(4) Completely remove all specifically identified portion(s) of its system in a manner acceptable to the City within a reasonable amount of time if the City believes there exists a reasonable justification for such removal; or
(5) Submit to the City, within a reasonable amount of time, and in accordance with ORC 4905.20 and 4905.21, a proposal for transferring ownership of its facilities to the City. If a Provider proceeds under this clause, the City may, at its option where lawful:
A. Purchase the facilities; or
B. Unless a valid removal bond has already been posted pursuant to Section 1028.20(b) of this Chapter, require the Provider 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 and Unused Facilities. Facilities of a Provider who fail to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are 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, abating the nuisance; or taking possession of the facilities and restoring them to a useable condition subject to the finding of the PUCO pursuant to the requirements of ORC 4905.20 and 4905.21; or requiring removal of the facilities by the Provider or by the Provider's surety. If the City determines to require a Provider to remove unused facilities in any rights-of-way, the City shall use reasonable efforts to direct that this removal occur in conjunction with other scheduled excavation of the rights-of-way. If the City abates the nuisance, it may take all action necessary to recover its costs and to abate said nuisance, including, but not limited to, those methods set forth in ORC 715.261.
(Ord. 2022-46. Adopted 12/08/22)