§ 91.09 CONDITIONS OF STREET OCCUPANCY.
   (A)   Use. All structures, wires, cables, equipment, and facilities erected or maintained by the grantee with franchise area shall be located as to cause minimum interference with the proper and intended use of the streets and with the rights or reasonable convenience of the owners or occupiers of property which adjoins any of the streets.
   (B)   Restoration. The surface of any street or surrounding landscape disturbed by the grantee in laying, constructing, maintaining, operation, using, extending, removing, replacing, or repairing its CATV system shall be restored by the grantee immediately after the completion of the work, at its cost and expense, to as good a condition as before the commencement of the work and maintained by the grantee to the satisfaction of the County Council or other person designated as liaison by the franchise area with notification to the grantee for one year from the date of completion of the restoration work. No street shall be encumbered by construction, maintenance, removal, restoration, or repair work by the grantee for a longer period than shall be necessary to execute the work. If there is an unreasonable delay by the grantee in restoring and maintaining streets after the excavation or repairs have been made, the franchise area shall have the right, without further notice, to restore or repair the same and to require the grantee to pay the reasonable cost of the restoration or repair.
   (C)   Relocation. Whenever by reason of the construction, repair, maintenance, relocation, widening, raising, or lowering of the grade of any street by the franchise area or by the location or manner of construction, reconstruction, maintenance, or repair of any public property, structure, or facility by the franchise area, it shall be deemed necessary by the franchise area for the grantee to move, relocate, change, alter, or modify any of its facilities or structures, the change, relocation, alteration, or modification shall be promptly made by the grantee, at its cost and expense, when directed in writing to do so by the franchise area, without claim for or right of reimbursement of cost or damages against the franchise area. In the event the grantee, after the notice, fails or refuses to commence, pursue, or complete the relocation work within a reasonable time, the franchise area shall have the authority, but not the obligation, to remove or abate the structures or facilities and to require grantee to pay to the franchise area the reasonable cost of the removal or abatement.
   (D)   Temporary removal of wire for building. Upon written request of any person holding a building moving permit issued by the franchise area, the grantee shall remove, raise, or lower its wires and cable temporarily to permit the moving of houses, buildings, or other bulky structures. The reasonable expense of the temporary removal, raising, or lowering shall be paid by the beneficial person, and grantee may require the payment in advance, grantee being without obligation to remove, raise, or lower its wires and cables until the payment shall have been made. The grantee shall be given not less than 72-hours' advance written notice to arrange for the temporary wire and cable adjustments.
   (E)   Tree trimming. The County Council may, from time to time, pass ordinances authorizing the grantee to trim or remove trees on or along the franchise area property.
   (F)   Placement of fixtures. The grantee shall not place poles, towers, or similar fixtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant or main, drainage facility, sanitary sewer, or any other structure similar in nature and appurtenances thereto, and all the poles, towers, and similar facilities shall be placed as directed by the franchise area and in the manner as not to interfere with the usual travel or use of the streets.
(Prior Code, § 92.09) (Ord. 966E, passed 2-22-1982; Ord. 1061A, passed 5-9-1989)