Within 30 days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls, or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights-of-way of the City shall, at its own expense, remove such facilities or appurtenances from the public rights-of-way of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
A. One year after the expiration or termination of the grantee’s telecommunications franchise unless the grantee has timely filed for, and is actively and expeditiously pursuing, a franchise renewal.
B. Upon abandonment of a facility within the public rights-of-way of the City. A facility will be considered abandoned when it is deactivated, out of service, or not used for its intended and authorized purpose for a period of 90 days or longer. A facility will not be considered abandoned if it is temporarily out of service during performance of repairs, if the facility is excess capacity of a current grantee who is not in default, if the facility is being replaced or if the facility has been disconnected because the building or property being served is vacant.
C. If the system or facility was constructed or installed without the prior grant of a telecommunications franchise.
D. If the system or facility was constructed or installed without the prior issuance of a required construction permit.
E. If the system or facility was constructed or installed at a location not permitted by the grantees telecommunications franchise.
F. If the system interferes with or adversely affects existing telecommunication facilities.
The 30-day limit may be waived by consent of the parties. Waivers shall not be unreasonably withheld. If all the facilities and appurtenances are not removed within one year after the termination or expiration of the franchise or such further time as may be granted by the City, they shall be forfeited to the City. The City may notify the grantee, carrier or other person described above that it waives forfeiture and may compel removal from the public right-of-way and restoration of the right-of-way and may maintain court suit to require such removal and restoration by the grantee, carrier or other person or the payment of the cost thereof by the grantee, carrier or other person. (Ord. 2850 § 26, amended, 10/19/1999)