Within 30 days following written notice from the city, any utility, cable, telecommunications carrier, operator, lessee or other person who owns, controls, or maintains any unauthorized system, facility, or related appurtenances within the public ways or upon property of the city shall, at its own expense, remove such system, facilities, or appurtenances from the public ways or property of the city. A utility, cable or telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

Provided, however, that the city may, in its sole discretion, allow a franchisee or lessee or other such persons who may own, control, use, or maintain utility, cable or telecommunications facilities within the public ways or upon city property to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the city. Any plan for abandonment or removal of a franchisee’s or lessee’s facilities must be first approved by the public works director, and all necessary permits must be obtained prior to such work. If the city, in its sole discretion, permits abandonment of facilities in place, upon permanent abandonment in place of the facilities such facilities may, at the city’s discretion, become the city’s property, and such persons shall submit to the city an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. The provisions of this section shall survive the expiration, revocation, or termination of a franchise, or lease granted under this title. (Ord. 6798 § 3 (Exh. C), 2020.)