Any damage done directly or indirectly to property of the City of Brea or other public agency by franchisee in exercising any right, power, or privilege under a franchise, or in performing any duty under or pursuant to the provisions of this chapter, shall be promptly repaired by franchisee at its sole cost and expense to as good a condition as it was before such damage was incurred, and to the satisfaction of the City Engineer. If the franchisee, within ten (10) days after receipt of written notice from the city, instructing it to repair such damage, shall fail to commence to comply with such instructions, or, thereafter, shall fail to diligently prosecute such work to completion, the city immediately may do work necessary to carry out said instructions at the cost and expense of the franchisee, which cost and expense, by the acceptance of the franchise, the franchisee agrees to pay upon demand. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the city without notice may repair such damage and the franchisee shall pay all costs incurred.
(Ord. 1152, passed 5-17-11)