§ 5.01.150. Removal of facilities.

(a) In the event the franchise or rights-of-way license has been revoked, has expired without renewal, or in the event that any facilities have been installed in any rights-of-way without complying with the requirements of this chapter of the code or the franchise or rights-of-way license agreement, or in the event the franchisee or rights-of-way licensee and the county agree that the facility has been abandoned, the franchisee or rights-of-way licensee shall, within thirty days after receipt of notice by the county, commence and thereafter diligently pursue and complete the removal of said facilities from the rights-of-way within a reasonable time, except those facilities which:

(1)

Are sold to the holder of an unrevoked and unexpired franchise or rights-of-way license, or

(2)

The director of public works finds may be abandoned in place without interference with the use of existing or planned public improvement.

(b)

The franchisee or rights-of-way licensee shall promptly restore all rights-of-way from which facilities have been removed to their former condition and appearance in accordance with the improvement standards adopted in Title 30 of this code.

(c)

Any facilities to be abandoned in place shall be abandoned in such manner as prescribed by the director of public works and approved by the county commission at a duly noticed public hearing. Upon abandonment, the facilities shall become the property of the county and the franchisee or rights-of-way licensee shall submit to the director of public works an instrument in writing, transferring to the county the ownership of such facilities.

(Ord. 3132 § 1 (part), 2004: Ord. 2098 § 3 (part), 1998: Ord. 2045 § 1 (part), 1997)