§ 34A-18. Abandoned facilities.

(a)

Duty to Remove. A person that has placed facilities in the right-of-way shall remove said facilities and related equipment when such facilities are abandoned regardless of whether or not it receives notice from the city. If in the judgment of the city, removal of underground facilities would cause damage, this requirement may be waived

(b)

Time for Removal.

(1)

The city may notify the person that said facilities must be removed immediately when necessary to ensure public health, safety, and welfare.

(2)

If immediate removal is not required, the removal must be completed within the time set forth in the written notice to remove from the city and if no time is set out, then within ninety (90) days for the facilities and related equipment being abandoned.

(3)

If the facilities are not removed after the ninety (90) day notice to remove, the city may remove the facilities thirty (30) days after notice of a final finding of abandonment.

(4)

When a person removes, or abandons permanent structures in the right-of-way, the person shall notify the city manager in writing of such removal or abandonment and shall file with the city manager the location and description of each facility and ground equipment removed or abandoned.

(5)

The city manager may require the person to complete additional remedial measures necessary for public safety and the integrity of the right-of-way.

(c)

Deemed abandoned. Facilities may be deemed abandoned as set out in this chapter. Additionally, facilities may be deemed abandoned if:

(1)

A person does not relocate facilities as set out in 34A-12 "Conformance with Public Improvements."

(2)

A person does not correct or abate improperly installed facilities as set out in 34A-13 "Improperly Installed Facilities."

(3)

A person fails to maintain the registration requirements set forth in Section 34A-8 "Registration."

(4)

A person utilizing the right-of-way cannot be found or contacted.

(5)

A person utilizing the right-of-way fails to pay the required compensation.

(6)

A person utilizing the right-of-way fails to comply with the requirements of this chapter after being given due notice of any deficiencies. The notice requirement shall only apply to persons who have maintained the required registration as set out in 34A-8 "Registration" and are capable of being contacted.

( Ord. No. 2017-9964, § 2, 8-10-17 )