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If during the term of a license the county, cities, a public utility district, a public water district, a public sanitation district, a public drainage district or any other similar special public district elects to alter, repair, realign, abandon, improve, vacate, reroute or change the grade of any street or to replace, repair, install, maintain, or otherwise alter any aboveground or underground cable, wire conduit, pipe, line, pole, wire-holding structure, structure, or other facility utilized for the provision of utility or other services or transportation of drainage, sewage or other liquids, the licensee, shall, except as otherwise hereinafter provided, at its sole expense remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and any other facilities which it has installed. If such removal or relocation is required within subdivision in which all utility lines, including those for the cable television system were installed at the same time, except as otherwise expressly provided by law, the entities may decide among themselves who is to bear the cost of relocation; provided that neither the cities nor county shall be liable to a licensee for such costs. Regardless of who bears the costs, a licensee shall take action to remove or relocate at such time or times as are directed by the agency or company undertaking the work. Reasonably advance written notice shall be mailed to the licensee advising the licensee of the date or dates removal or relocation is to be undertaken. (Prior code § 20.14.1322)
The licensee shall not, and shall prohibit any officer, agent, employee, contractor or subcontractor which it retains from removing or trimming any tree or portion thereof (either above, at or below ground level), which is located within a street without the prior written approval of the director of public works of the county or city in which the street is located. Such consent may be given or withheld upon such terms and conditions as the director of public works deems appropriate. Each licensee shall be responsible for and shall indemnify, defend and hold harmless the county, cities, cable television commission, and their officers, agents and employees from and against any and all damages arising out of or resulting from the removal, trimming, mutilation of or any injury to any tree or trees proximately caused by the license or its officers, agents, employees, contractors or subcontractors. (Prior code § 20.14.1324)
Each licensee shall, upon request by any person holding a building moving permit, license or other approval issued by the county, cities or state of California, temporarily remove, raise or lower its wires to permit the movement of buildings. The expense of such removal, raising or lowering shall be paid by the person requesting same, and a licensee shall be authorized to require such payment in advance. A licensee shall be given not less than forty-eight (48) hours oral or written notice to arrange for such temporary wire changes. (Prior code § 20.14.1326)
Upon expiration or termination of a license, if the license is not renewed and if neither the cable television commission nor an assignee purchase the cable television system, the licensee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. The licensee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed, except as hereinafter provided. The licensee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the board of directors of the cable television commission based upon a determination, in the sole discretion of the board, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the board of directors to remove cable or conduit shall be mailed to the licensee not later than thirty (30) calendar days following the date of expiration of the license. A licensee shall file written notice with the clerk of the board of directors not later than thirty (30) calendar days following the date of expiration or termination of the license or its intention to remove cable intended to be removed and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the director of public works of the county and cities with jurisdiction over the streets from which cable is to be removed. Removal shall be completed not later than twelve (12) months following the date of expiration or expiration of the license. Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the cities and county within whose jurisdiction the cable or conduit is situated.
Upon expiration or termination of a license, if the license is not renewed and if neither the commission nor an assignee purchase the system, the licensee, at its sole expense, shall, unless relieved of the obligation by the county or cities remove from the streets all aboveground elements of the cable television system, including, but not limited to, amplifier boxes, pedestal mounted terminal boxes, and cable attached to or suspended from poles, which are not purchased by the commission or its assignee.
The licensee shall apply for and obtain such encroachment permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable ordinance of the county or cities in which the streets are located, shall conduct and complete the work of removal in compliance with all such applicable ordinances, and shall restore the streets to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than one year following the date of expiration of the license. (Prior code § 20.14.1328)
Any director of public works of the county or cities who determines that within his or her jurisdiction a licensee has committed an act or omission in violation of any of the provisions of Sections 5.28.2270 through 5.28.2350 of this chapter shall be authorized to mail written notice of the violation to the licensee.
Not later than seven calendar days following the mailing of such notice the licensee shall be authorized to file an appeal with the clerk of the governing body of the county or cities by whom the director of public works is employed. The licensee shall also file a copy of the notice in the office of the director of public works. The governing body shall hear the appeal, and shall be authorized to do so at its earliest convenience. The licensee shall be authorized to present oral and documentary evidence and cross-examine witnesses. Formal rules of evidence shall not be applicable.
If no appeal is filed and within ten (10) calendar days following mailing of the notice the licensee has failed to correct the violation, or if an appeal is filed and within five calendar days following mailing to the licensee of an order by the governing body the licensee has failed to correct the violation through assignment of such task to his or her subordinate personnel or delegation of authority to take such corrective action to a public utility, public district, contract or other third party. In such event, the license shall be liable for the full amount of any charges made for such corrective action, any salary and benefit costs of any public employees assigned to take such corrective action, and the costs of material, supplies and goods utilized in taking such corrective action.
The provision of this section shall not be construed to fix the date of a breach by a licensee of any of the provisions of this chapter at the prescribed period following mailing of the notice of violation, or to prevent a determination that a licensee has breached any of said sections in advance either of the ten (10) days following the mailed notice or in advance of mailing of the notice or any communication pursuant to this section to the licensee. Nor shall the provisions of this section be so construed as to relieve the licensee from liability for any damages which may arise out of and be proximately caused by breach by a licensee of any of the provisions of said provisions. (Ord. 2000-017 § 4(a)(15); prior code § 20.14.1330)
Legal and equitable title to the cable television system, including any and all facilities and equipment provided for public, educational and governmental access, and all channels of whatever kind or nature shall be vested in the licensee. The foregoing sentence shall not be construed to preclude the lease, without more, by a licensee of the right to use electro-magnetic spectrum space from a public entity which owns such a right. (Prior code § 20.15.1400)
Notwithstanding the provisions of Section 5.28.2370 of this chapter, a licensee may lease any antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities ("equipment"), and/or may lease the use of such equipment, comprising the cable television system from others, provided that the lease relationship meets all of the following requirements:
A. The lease relationship shall be reflected fully in a written document ("lease") which shall be executed by lessor and lessee and a copy of which shall be filed with the commission at the inception of the lease;
B. The lease shall expressly acknowledge that, so long as the leased equipment shall be utilized in connection with the cable television system, the lease, the equipment, and any payments by the lessee therefor, shall be subject to the provisions of this chapter;
C. The lessor under the lease shall be an additional named insured on all of the insurance provided by the licensee pursuant to Section 5.28.2550 of this chapter; and
D. The lease shall expressly reflect and acknowledge that the lessor, or with the prior written approval of the cable television commission the licensee, does assume and agree to be bound by the provisions of Section 5.28.2540 of this chapter with respect to the equipment; and
E. The lessor under the lease shall expressly assume and agree to undertake the obligations and duties under Section 5.28.2350 of this chapter to the extent not otherwise discharged by the licensee as to equipment in the streets. (Prior code § 20.15.1401)
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