§ 59-70. Abandonment and unusable facilities.

(a)

A ROW-user owning abandoned facilities in the right-of-way must either:

(1)

Remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The public works director may allow underground facilities or portions thereof to remain in place if the public works director determines that it is in the best interest of public health, safety, and welfare to do so. At such time, the city may take ownership and responsibility of such vacated facilities left in place; or

(2)

Provide information satisfactory to the city that the ROW-user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW-user; or

(3)

Submit to the city a proposal and instruments for transferring ownership of its facilities to the city. If the ROW-user proceeds under this section, the city may, at its option, purchase the equipment, require the ROW-user, at its own expense to remove it, or require the ROW-user to post a bond in an amount sufficient to reimburse the city for reasonable anticipated costs to be incurred to remove the facilities.

(b)

Facilities of a ROW-user who fails to comply with this section, and whose facilities remain unused for six months, shall be deemed to be abandoned after the city has made a good faith effort to contact the ROW-user, unless the city receives confirmation that the ROW-user intends to use the facilities. Abandoned facilities are deemed to be a nuisance.

(c)

The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:

(1)

Abating the nuisance;

(2)

Taking possession and ownership of the facility and restoring it to a useable function; or

(3)

Requiring the removal of the facility by the ROW-user.

(Code 1967, § 24-174; Ord. No. 1588, § 6, 1-28-2008; Ord. No. 1757 , § 6, 9-26-2016)