§ 47-274. Findings and report.

(a)

After the close of the hearing, the required hearing examiner shall determine:

(1)

Whether or not the facility proposed to be abandoned is seriously substandard; and

(2)

Whether or not the public convenience and necessity require the abandonment as proposed (or as modified so as to include measures to mitigate any adverse effect). Such findings shall be expressed in the examiner's report which, together with the record of the hearing, shall be certified to the city council by the hearing examiner.

(b)

If the hearing examiner finds that measures are necessary and appropriate to mitigate any adverse effects of the abandonment, such measures shall be expressed in the report as terms and conditions of the abandonment. Such measures may include, but are not limited to:

(1)

The provision of a substitute service line upon reasonable terms and conditions.

(2)

Abandonment of only a part of the facility.

(3)

Converting the facility to a private facility with the responsibility for maintenance, repair and replacement being assumed by one or more customers.

(4)

Other similar measures.

(Code 1968, § 49-609; Ord. No. 81-494, § 1, 3-17-81)