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(A) A ROW user owning abandoned facilities in the ROW must either:

(1) Remove its facilities and replace or restore any damage or disturbance caused by the removal at its own expense. The City Engineer may allow underground facilities or portions thereof to remain in place if the City Engineer determines that it is in the best interest of public health, safety or welfare to do so. At such time, the City may take ownership and responsibility of such vacated facilities left in place;

(2) Provide information satisfactory to the City that the ROW user’s obligations for its facilities in the ROW have been lawfully assumed by another authorized ROW user; or

(3) Submit to the City a proposal and instruments for transferring ownership of its facilities to the City. If the ROW user proceeds under this Section, the City may, at its option, purchase the equipment, require the ROW user, at its own expense, to remove it, or require the ROW user to post a bond in an amount sufficient to reimburse the City for reasonable anticipated costs to be incurred to remove the facilities.

(B) Facilities of a ROW user, who fails to comply with this Section when such facilities remain unused for two (2) years, shall be deemed to be abandoned after the City has followed the notice procedures in Chapter 6.06, unless the City receives confirmation that the ROW user intends to use the facilities.

(C) Abandoned facilities are deemed to be a nuisance hereunder. 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) Taking possession and ownership of the facility and restoring it to a useable function;

(3) Requiring the removal of the facility by the ROW user; or

(4) Exercising any other right enumerated in this Chapter, including, but not limited to, OMC Section 12.14.020(D), or any other rights and or remedies set forth in the Olathe Municipal Code pertaining to nuisance abatement. (Ord. 16-58 § 1, 2016.)