§ 28-213. Abandoned facilities.

An ROW user owning abandoned facilities in the right-of-way shall:

(1)

Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; 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.

The facilities of an ROW user who fails to comply with this section, and those facilities which remain unused for two (2) years, shall be deemed to be abandoned unless, within the aforesaid two-year period, the city receives written confirmation and reasonable evidence that the ROW user intends to use the facilities. The city may exercised any remedies or rights it has at law or in equity including, but not limited to, taking possession of the abandoned facilities or requiring the removal of the facilities by the ROW user.

(Ord. No. 2009-O-045, 4-6-09)