§ 46-40. Abandonment and removal of facilities.

(a)

Notification of abandoned facilities. Any permittee that intends to discontinue use of any facilities within the public rights-of-way shall notify the director in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than 30 days from the date such notice is submitted to the director and the method of removal and restoration. The permittee may not remove, destroy or permanently disable any such facilities during said 30 day period without written approval of the director. After 30 days from the date of such notice, the permittee shall remove and dispose of such facilities as set forth in the notice, as the same may be modified by the director, and shall complete such removal and disposal within six months, unless additional time is requested from and approved by the director.

(b)

Conveyance of facilities. At the discretion of the city, and upon written notice from the director within 30 days of the notice of abandonment, the permittee may abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the city. The consideration for the conveyance is the city's permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the city is completed.

(c)

Abandonment of facilities in place. At the discretion of the city, and upon written notice from the director the permittee may either:

(1)

Abandon the facilities in place, and shall further convey full title and ownership of such abandoned facilities to the city. The consideration for the conveyance is the city's permission to abandon the facilities in place. The permittee is responsible for all obligations as owner of the facilities, or other liabilities associated therewith, until the conveyance to the city is completed.

(2)

Abandon the facilities in place, but the permittee still retains the responsibility for all obligations as owner of the facilities, or other liabilities associated therewith.

(Ord. No. 18-06, § 1, 4-17-2018)