§ 15.10.390. Abandonment by city.

A.

If city desires at any time to abandon or remove any service pole or other city facility or equipment to which provider's wireless facilities or transport facilities are attached, city shall give provider notice in writing at least sixty days prior to the date on which city intends to abandon or remove such service pole or other city facility or equipment. If, following the expiration of the sixty-day period, provider has not removed all of provider's wireless facilities or transport facilities, shall have the right to remove same at provider's expense.

B.

If any service pole or other city facility or equipment must be removed by reason of any federal, state, county, municipal or other governmental requirement, including, but not limited, to underground conversion, or the requirement of a property owner, provider shall remove its wireless facilities or transport facilities from the affected location, at provider's expense, within sixty days of receipt of written notice from city. If provider does not remove its wireless facilities or transport facilities within the sixty-day period, city shall have the right to remove same at provider's expense.

C.

Unless requested by city, provider shall not abandon in place any wireless facilities, transport facilities, or related ground equipment, or any portion thereof. Any wireless facility abandoned in place at city's request shall become the property of city, and provider will provide appropriate documentation to the city as evidence of the abandonment in favor of the city.

(Ord. No. 18717 , § 1, 8-22-2017)