Skip to main content
Loading…
This section is included in your selections.

Within 30 days following written notice from the City, any Grantee or other Person who owns, controls, or maintains any unauthorized Telecommunications facilities or related appurtenances within the public ways shall, at its own expense, provide written confirmation acknowledging the City’s notice. Within ninety (90) days Grantee or other Person must provide a corrective action plan to either remove such Telecommunications facilities or bring such Telecommunications facilities into compliance. Telecommunications facilities are unauthorized and subject to removal in the following circumstances:

A. Upon abandonment of the Telecommunications facilities within the public ways of the City, or if a Grantee does not respond within thirty (30) days after notice from the City such property shall be deemed abandoned;

B. If the Telecommunications facilities were constructed or installed without a valid Master Permit or prior permit or franchise;

C. If the Telecommunications facilities were constructed or installed without the prior issuance of a required Right-of-Way Use Permit or Small Cell Permit; or

D. If the Telecommunications facilities were constructed or installed at a location not permitted by a Right-of-Way Use Permit, Small Cell Permit, Master Permit, or Facilities Lease.

Provided, however, that the City may, in its sole discretion, allow a Grantee or other such Persons who may own, control, or maintain Telecommunications facilities within the public ways of the City to abandon such Telecommunications facilities in place. No Telecommunications facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of such Telecommunications facilities must be first approved by the Public Works Director, and all necessary permits must be obtained prior to such work. Upon permanent abandonment of the property of Grantee in place, the property shall become that of the City, and Grantee shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property. The provisions of this section shall survive the expiration, revocation, or termination of a Master Permit, Small Cell Permit, Right-of-Way Use Permit or Facilities Lease granted under this Chapter. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018: Ord. 2175 § 1 (part), 2003).