Sec. 711.415. - Abandonment of a Communications Facility.

(a) Upon Abandonment of a Communications Facility owned by a Registrant in City Rights-of-Way, the Registrant shall notify the City within 90 days. (b) The City may direct the Registrant to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but is not limited to: (i) compromises safety at any time for any City Rights-of-Way user or during construction or maintenance in City Rights-of-Way; (ii) prevents a third Person from locating facilities in the area of City Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; (iii) creates a maintenance condition that is disruptive to the City Rights-of-Way's use; or (iv) constitutes a blighting condition. In the event of (ii) above, the City may require the third Person to coordinate with the Registrant that owns the existing Abandoned Facility for joint removal and placement, where agreed to by the Registrant. (c) In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of the Abandoned Facility by the City, another utility or Person at such third party's cost. (d) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. (Ord. 2017-863-E , § 4)