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an action every defense, immunity, or damage limitation that the City could assert in its own behalf. (Ord. 1209,8-24-1998) 707.29: APPEAL: A. A right-of-way user that: I) has been denied registration; 2) has been denied a permit; 3) has had permit revoked; or 4) believes that the fees imposed are-1-FI-v-fI-ltI'U1DJ..iJJ.,<::Q.llfonnitv, \~ilh ivlinLl. SlAt_,.;J.],,,L03. SubiL0_;__D.l:_.51disDutcs a det~T\J.!j.tJ,mion urthe DiIs~~tDE_,rS'g~lrdinQ ,Section XXX.21-.C~LL\?_~t,,:?__9fthis Ordiu_gXl,~,~, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. B. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the right- of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City Council and right-of-way user. Ifthe parties cannot agree on an arbitrator, the matter must be resolved by a three (3) person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the right-of-way user and one selected by the other two (2) arbitrators. The costs and fees of the single arbitrator shall be borne equally by the City and right-of-way user. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. (Ord. 1209,8-24-1998) 707.30: ABANDONED AND UNUSABLE FACILITIES: A. Discontinued Operations: A registrant who has detetmined to discontinue its operations in the City must either: 1. Provide information satisfactory to the Director that the registrant1s obligations for its facilities 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 facilities to the City. If a registrant proceeds under this clause, the City may, at its option: a. Purchase the facilities; or b. Require the registrant, at its own expense, to remove it; or c. Require the registrant to post an additional bond or an increased bond amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities. B. Abandoned Facilities: Facilities of a registrant who fails to comply with subsection A of this Section, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to: I) abating the nuisance, 2) taking possession of the facilities and restoring them to a usable condition, or 3) requiring removal of the facilities by the registrant, or the registrant's successor in interest. C. Removal: Any registrant who has unusable and abandoned facilities in any right of way shall remove it from that right of way during the next scheduled excavation, unless this requirement is waived by the Director. (Ord. 1209, 8-24-1998)