Whenever any public utility shall hereafter abandon any underground
mains, conduits, pipes, structures and appurtenances thereto, lying
under or within the cartway of any public street, which public utility
facilities were installed or constructed by the public utility, its
predecessors or assignors, such public utility shall thereby forfeit
any and all rights and privileges theretofore granted by the City
in connection with the installation, maintenance and repair of all
such facilities.
[Amended 7-13-1999 by Ord. No. 27-1999]
Upon abandonment of any facilities by any public utility, such public utility shall remove such facilities unless the City Engineer shall grant permission to such public utility to leave such abandoned facilities lying under or within the cartway of the public street. Such permission, however, shall not be construed as in any way affecting the provisions of §
9-105.1. Whenever any public utility shall make application to the City Engineer for permission to leave such abandoned facilities lying under or within the cartway of any public street, such application shall be accompanied by a plan showing the location or locations of all such facilities within such public street.
No permit shall be granted by the City to any public utility to occupy another location or locations in any public street with its facilities, unless it shall have complied with the provisions of §
9-105.2 or unless it shall have entered into an agreement with the City for the removal of any such facilities to be abandoned in said street prior to or in connection with the installation of any new public utility facilities in such public street.
Whenever any property owner, an agent, employee or lessee shall
abandon or cause to be abandoned any sewer or water service lateral
lines lying under or within the lines of any public street adjacent
to such property, such sewer or water service lateral lines shall
be removed by such property owner, agent, or lessee, unless such person
shall have obtained permission from the proper officials of the City
to leave such abandoned sewer or water service lateral lines lying
under or within the lines of the public street. Any such applications
shall be accompanied by a plan or sketch showing the location or locations
of all such abandoned sewer or water service lateral lines within
the lines of such public street. No official of the City shall grant
such permission unless such property owner or lessee shall agree to
maintain any service boxes serviceable for inspection.
The removal of abandoned public utility facilities and sewer and water service lateral lines shall be accomplished in the manner provided by Chapter
9-103.
Whenever notice is necessary under this chapter, such notice
shall be properly served upon such owner if a copy thereof if delivered
to the owner personally; or by leaving a notice at the usual place
of abode with someone of suitable age and discretion, who shall be
informed of the contents thereof; or at the principal place of business;
or by certified or registered mail, addressed to the owner at the
last known address, with return receipt showing it has been delivered.
If the return receipt shows that it has not been delivered, then service
may be made by posting a copy thereof in a conspicuous place in or
about the structure affected by such notice. Such notice shall set
forth a reasonable time for such compliance to be accomplished.