(1) Upon expiration or termination a permit, franchise or lease;

(2) Upon abandonment of a facility within the public ways of the City or on City property. Any property of a permittee or franchisee shall be deemed abandoned if left in place 90 days after expiration or termination of a permit or franchise;

(3) If the system or facility was constructed or installed without the prior grant of a permit, franchise or lease;

(4) If the system or facility was constructed or installed without the prior issuance of a required construction permit; or

(5) If the system or facility was constructed or installed at a location not permitted by the permit, franchise or lease; provided, however, that the City may, in its sole discretion, allow a permittee, franchisee, lessee or other such persons who may own, control, or maintain communications facilities within the public ways of the City or 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 such communications facilities must be first approved by the City Engineer, and all necessary permits must be obtained prior to such work. Upon permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City Manager 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 permit, franchise or lease granted hereunder. [Ord. 3287 § 1, 1998; Code 1970 § 15.70.220.]