A. Each Company operating Video or Telecommunications Systems in the PROW shall submit to the Director an annual certification attesting under penalty of perjury that Facilities in the PROW remain necessary to provide Video or Telecommunication Services, and shall specifically identify any Facilities that are no longer necessary to provide said services. The Director may order a Company to remove its Facilities from public property or PROW at its own expense whenever a Company materially breaches its PROW Permit, ceases to operate any Facility for a continuous period of six months, or fails to complete construction of the Video or Telecommunications System within six months, or its PROW Permit is revoked. No such order may be issued without first giving the Company a reasonable opportunity to cure.

B. If a Company does not remove Facilities subject to removal by the deadline specified therein, the City may remove the Facilities at the Company’s expense. The security fund shall be available to pay for such work.

C. If officials or representatives of the City remove Facilities, and if the Company for which they were installed does not claim the property within 30 days after service of notice of its removal upon the Company, the City may take whatever steps are available under state law to declare the property surplus and sell it, with the proceeds of such sale going to the City.

D. A Company that removes its Facilities from the PROW shall, at its own expense, replace and restore such PROW to a condition comparable to that which existed before the work causing the disturbance was done. If the Company does not do so after a reasonable period, the City may do so at the Company’s expense. The security fund shall be available to pay for such work.

E. The City may, upon written application by a Company, approve the abandonment of any property in place by the Company under such terms and conditions as the City may approve. Upon City-approved abandonment of any property in place, the Company shall cause to be executed, acknowledged, and delivered to the City such instruments as the City shall prescribe and approve transferring and conveying the ownership of such property to the City. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)