(a) Except for Special Right-of-Way Permittees for Residential Purposes, any Right-of- Way Permittee that discontinues use of and abandons any facilities within the Rights-of-Way shall submit a written notice to the Director describing the portion of the facilities to be discontinued and abandoned, any plan for securing or removing the same and the proposed date of abandonment, which date shall not be less than thirty (30) days from the date such notice is submitted to the Director. A Permittee shall not destroy or permanently disable any such facilities after such notice without the written approval of the City. The Permittee shall, in accordance with industry and good engineering practices, either abandon such facilities in place or remove or secure such facilities as set forth in the notice unless the City reasonably determines otherwise.
(b) Upon such abandonment, the City may elect to accept full title and ownership of the abandoned facility. Such acceptance shall be in writing and upon such acceptance, full title and ownership of such abandoned facilities shall pass to the City without the need to pay compensation to the Permittee. The Permittee shall continue to be responsible for all taxes on said facilities or other liabilities associated with said facilities, until the date the same was accepted by the City.
(c) Should any Permittee fail, after notice, to remove or rearrange facilities at the Director's request as specified in Section 911.06(a)(4) or comply with the Director's order pursuant to subsection (a) hereof, the City 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. The City shall have no liability for any damage caused by such action and the Permittee shall be liable to the City for all reasonable costs incurred by the City in taking any such actions.
(Ord. 02-70(a). Passed 11-25-02.)