§ 8AA-166. Abandonment of Facilities.

(a)

Upon abandonment of a Facility owned by a Provider in the Public Rights-of-Way, the Provider shall notify the Director within ninety (90) days. The Director may direct the Provider by written notice to remove all or any portion of such Abandoned Facility at the Provider'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 shall not be limited to, a determination that such Facility: (a) compromises safety at any time for any Public Rights-of-Way user or during construction or maintenance in Public Rights-of-Way; (b) 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 (c) creates a maintenance condition that is disruptive to the Public Rights-of-Way's use. In the event of (b), the County may require the third Person to coordinate with the Provider that owns the existing Facility for joint removal and placement, where agreed to by the Registrant.

(b)

Reserved.

(c)

In the event that the County does not direct the removal of the Abandoned Facility, the Provider, 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 Provider fails to remove all or any portion of an Abandoned Facility as directed by the County within a reasonable time period as may be required by the County under the circumstances, the County may perform such removal and charge the cost of the removal against the Provider.

(Ord. No. 01-109, § 5, 6-19-01)