A. The owner of an abandoned structure is required to notify the city of the abandoned structure. If the owner of a structure does not notify the city, the city may also send written notice to the last known address for the owner notifying the owner that the structure appears to be abandoned. If the structure is not abandoned, the owner must notify the city within thirty days of receipt of the city’s notice that the structure is not abandoned and provide supporting documentation to show the structure’s use in the last twelve months. The city may consider the structure abandoned if the owner does not respond within thirty days or the owner is unable to document the use of said structure.

B. The owner of an abandoned structure is required to remove the structure and restore the site in accordance with the city’s standards within ninety days of abandonment. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a franchise shall continue in full force and effect during the period of removal and until full compliance by an owner with the terms and conditions of this section. The city shall have the right to inspect and approve the condition of site prior to and after removal.

C. If the owner fails to remove abandoned structure within ninety days, the city may remove the abandoned structure at the owner’s expense, including all costs and attorney’s fees. The city is also authorized to draw on an owner’s security or security fund to cover the above costs.

D. The city, upon such terms as it may impose, may give an owner written permission to abandon, without removing, any structure, or portion thereof. The city is not obligated or required to give such permission and does so at its own discretion. Unless such permission is granted, the owner shall comply with the requirements of subsection (B) of this section.

E. If the city gives permission to the owner to abandon a structure, the city may require the owner of the abandoned structure to transfer the ownership of the abandoned structure to the city in a written instrument, satisfactory in form to the city.

F. Upon the expiration, revocation, or termination of a permit or franchise and the permit and franchise is otherwise not renewed, extended, or transferred, the city may require the owner of structure to remove, at the owner’s expense, all structures and the system authorized by said permit or franchise within a reasonable period of time, which shall not be less than one hundred eighty days. If the owner of a structure is the incumbent local exchange carrier, the owner will not be required to remove its structures and the system, but must negotiate a renewal in good faith. (Ord. 2018-11 § 1 (Exh. A (part)))