§ 3-6-50. Abandonment of a communications facility.

(a)

Upon abandonment of a registrant's communications facility in the public right-of-way, the registrant shall notify the county, in writing, within ninety (90) days. Additionally, registrants shall comply with the provisions of subsection 3-6-38 relating to annual registration and updating of facilities.

(b)

The county shall direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's sole expense if the county determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights-of-way user or during construction or maintenance activities in public rights-of-way; (2) prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or (3) creates a maintenance condition that is disruptive to the public rights-of-way's use. In the event of (2) above, the county may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant.

(c)

In the event that the county does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the county, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the county or another person at such third party's cost.

(d)

If the registrant fails to remove all or any portion of an abandoned facility within a reasonable period of time, as directed by the county, but not to exceed sixty (60) days, the county may perform such removal and charge the cost of the removal against the registrant.

(Ord. No. 2017-032, § 2, 6-27-17)