A.
At the
expiration, revocation or termination of the franchise, or of the
permanent discontinuance of the use of all or a portion of its facilities,
the franchisee shall, within thirty days thereafter, make written
application to the city for authority either (1) to abandon all or
a portion of such facilities in place, or (2) to remove all or a portion
of such facilities. Such application shall describe the facilities
desired to be abandoned, their location with reference to city highways,
and shall describe with reasonable accuracy the physical condition
of such facilities. The city shall determine whether any abandonment
or removal which is thereby proposed may be effected without detriment
to the public interest and under what conditions such proposed abandonment
or removal may be effected. He or she shall then notify the franchisee
of his or her determination.
B.
Within
thirty days after receipt of such notice, the franchisee shall apply
for a permit from the city to abandon or remove the facility.
C.
The
franchisee shall, within sixty days after obtaining such permit, commence
and diligently prosecute to completion the work authorized by the
permit.
(Prior code § 10306)
A.
If any
facilities to be abandoned in place, subject to prescribed conditions,
shall not be abandoned in accordance with all such conditions, the
city may make additional appropriate orders, including an order that
the franchisee shall remove any or all such facilities. The franchisee
shall comply with such additional orders.
B.
In the
event that the franchisee shall fail to comply with the terms and
conditions of abandonment or removal, as may be required by this title
and within such time as may be prescribed by the city, then the city
may remove or cause to be removed such facilities at the franchisee's
expense. The franchisee shall pay to the city the cost of such work,
plus the current rate of overhead being charged by the city for reimbursable
work.
C.
If, at the expiration, revocation or termination of this franchise, or of the permanent discontinuance of the use of all or a portion of its facilities, the franchisee shall, within thirty days thereafter, fail or refuse to make written application for the above-mentioned authority, the city shall make the determination as to whether the facilities shall be abandoned in place or removed. The city shall then notify the franchisee of its determinations. The franchisee shall thereafter comply with the provisions of subsections B and C of Section 4.24.010.
(Prior code § 10307)
