§ 10-33. Abandonment; right to require removal of property.

(a)

If the use of a substantial part of a cable system is discontinued for any reason for a continuous period of twelve (12) months, or if such cable system has been installed in any street or public way without complying with the requirements of a license or this chapter, or if a license has been terminated or has expired without renewal, the licensee shall promptly remove from the streets and public ways all such parts of the cable system other than any underground cable or property that the city permits to be abandoned in place. In the event of such removal, the licensee shall promptly restore the streets and public ways from which the cable system has been removed to a condition satisfactory to the city.

(b)

Any property of a licensee remaining in the streets and public ways without the consent of the city one hundred eighty (180) days after the termination or expiration of a license shall, at the option of the city, be considered permanently abandoned.

(c)

Any property of a licensee permitted to be abandoned in place shall be abandoned in such a manner as the city shall prescribe. Upon permanent abandonment of the property of a licensee in place, the property shall become property of the city, and the licensee shall submit to the city an instrument in writing, in a form satisfactory to the city attorney, indicating the licensee's loss of any further ownership or possessory rights to such property.

(d)

The provisions of subsections (a)-(c) shall not apply to facilities lawfully in use for the provision of non-cable services as to which no franchise or license is required or as to which any franchise or license that is required from the city has been obtained.

(Ord. No. 2053, § 1, 12-8-98)