13.15.160 Removal of unauthorized facilities.
Within 90 days of written notice by the city, or such longer time period as the city shall allow when removal is not practicable within 90 days, the franchisee shall, at its sole expense, remove any unauthorized facilities from the right-of-way. Facilities shall be deemed unauthorized and subject to removal under this section upon any of the following:
A. Termination or expiration of such person’s franchise or permit.
B. Abandonment of a facility within the right-of-way; provided, that the city may, in its sole discretion, allow the franchisee to abandon facilities in place. No facility may be abandoned in place without the express written consent of the city, which may be granted in the form of a public works permit. By approving abandonment, the city in no way accepts ownership of or responsibility for the abandoned facility.
C. The facility having been constructed or located without the prior grant of franchise, execution of a lease, or issuance of a construction permit or small cell permit, or constructed or located at a location not so permitted.
D. Circumstances reasonably determined by the city to be inconsistent with public health, safety, or welfare. [Ord. 2018-09-015 § 1].