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(1) purchase the Facilities, or <br /> <br />(2) require the Registrant, at its own expense, to <br />remove it, or <br /> <br />(3) require the Registrant to post a bond in an amount <br />sufficient to reimburse the City for reasonably <br />anticipated costs to be incurred in removing the <br />Facilities. <br /> <br />Subd. 2. Abandoned Facilities. Facilities of a Registrant who <br />fails to comply with subd. 1 of this Section, and which, for two <br />(2) years, remains unused shall be deemed to be abandoned. <br />Abandoned Facilities is deemed to be a nuisance. The City may <br />exercise any remedies or rights it has at law or in equity, <br />including, but not limited to, (i) abating the nuisance, (ii) <br />taking possession of the Facilities and restoring it to a useable <br />condition, (iii) requiring removal of the Facilities by the <br />Registrant, or the Registrant's successor in interest. <br /> <br />Subd. 3. Removal. Any Registrant who has unusable Facilities in <br />any Right-of-Way shall remove it from that Right-of-Way during the <br />next scheduled excavation, unless this requirement is waived by the <br />Director. <br /> <br />Section 4.10.30. Appeals. <br /> <br />a) A Right-of-Way user that: (1) has been denied <br />Registration; (2) has been denied a permit; (3) has had permit <br />revoked; or (4) believes that the fees imposed are invalid, <br />may have the denial, revocation, or fee imposition reviewed, <br />upon written request, by the City Council. The City Council <br />shall act on a timely written request within 30 days of <br />receipt of the written request. A decision by the City <br />Council affirming the denial, revocation, or fee imposition <br />will be in writing and supported by written findings <br />establishing the reasonableness of the decision. <br /> <br />b) Upon affirmation by the City Council of the denial, <br />revocation, or fee imposition, the Right-of-Way user shall <br />have the right to have the matter resolved by binding <br />arbitration. Binding arbitration must be before an arbitrator <br />agreed to by both the City Council and Right-of-Way User. If <br />the parties cannot agree on an arbitrator, the matter must be <br />resolved by a three-person arbitration panel made up of one <br />arbitrator selected by the City, one arbitrator selected by <br />the City, and one arbitrator selected by the Right-of-Way User <br />and one selected by the other two arbitrators. The costs and <br />fees of a single arbitrator shall be borne equally by the City <br />and Right-of-Way User. In the event there is a third <br />arbitrator, each party shall bear the expense of its own <br />arbitrator and shall jointly and equally bear with the other <br /> <br />21 <br /> <br />/// <br /> <br /> <br />