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A. A grantee that has determined to discontinue its operations in the city must submit to the city, within ninety days of the planned date for discontinuance of operation, a proposal and instruments for transferring ownership of its facilities to the city. If a grantee proceeds under this clause, the city may at its option:

1. Accept assignment of the facilities; or

2. Require the grantee, at its own expense, to remove the facilities.

B. Facilities of a grantee who fails to comply with the preceding subsection and which, for one hundred eighty days, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. After the lapsing of such one hundred eighty days and upon thirty days’ notice to the grantee, the city may exercise any remedies or rights it has at law or in equity, including but not limited to:

1. Abating the nuisance;

2. Requiring removal of the facilities at the expense of the grantee; or

3. Removing abandoned facilities at the expense of the grantee in conjunction with a proposed construction project.

C. This section shall not apply to the abandonment of a cable system as defined by Chapter 5.52 MMC. (Ord. 009/2022 § 3 (Exh. A))