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(a) Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either:

(1) Provide information satisfactory to the Director that the registrant’s obligations for its equipment in the right-of-way under this chapter have been lawfully assumed by another registrant; or

(2) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option:

(i) Purchase the equipment; or

(ii) Require the registrant, at its own expense, to remove it; or

(iii) Require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment.

(b) Abandoned Equipment. Equipment of a registrant who fails to comply with the above and which for two years remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a hindrance. The City may exercise any remedies or rights it has at law or in equity, including but not limited to: (1) abating the hindrance, (2) taking possession of the equipment and restoring it to a usable condition, or (3) requiring removal of the equipment by the original registrant.

(c) Removal. In the central business district (defined in TMC 3.40.010) registrants who have unusable and abandoned equipment in any right-of-way may be required to remove it during the next scheduled excavation. (Ord. 17587 § 5-24, 10-24-00. Code 1995 § 130-699.)

Cross References:Public Works Department, TMC 2.20.100.