(A) Enforcement and remedies.
(1) The city is responsible for enforcing and administering this chapter, and the city, or its designee, is authorized to give any notice required by law or under any franchise or license.
(2) Any franchise or license granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, rights of termination or revocation, the rights of the city to purchase a system in the event of revocation, termination, or non-renewal, and the city’s right of first refusal to purchase a system in the event of a voluntary transfer.
(B) Force majeure. In the event a provider’s performance of any of the terms, conditions, or obligations required by this chapter, or a franchise or license, is prevented by a cause or event not within a provider’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this section, causes or events not within the control of a provider shall include, without limitation, but by way of example, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.
(C) Extended operation and continuity of services. Upon either expiration or revocation of a franchise or license granted pursuant to this chapter, the city shall have discretion to permit or require a provider to continue to operate its system, or provide services for an extended period of time not to exceed six months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this chapter and the franchise or license granted pursuant to this chapter.
(D) Removal or abandonment of franchise property.
(1) In the event that a provider shall be deemed to have abandoned such facilities:
(a) The use of any facilities is discontinued for a continuous period of 12 months;
(b) Any facilities have been installed in the rights-of-way without complying with the requirements of this chapter, franchise, or license; or
(c) The provisions of § 114.28(E) are applicable and no franchise or license is granted.
(2) The city may, upon such terms as it, in its sole discretion, may impose, give a provider written permission to abandon, without removing, any system, facilities, or equipment laid, directly constructed, operated, or maintained under a franchise or license. Unless such permission is granted or unless otherwise provided in this chapter, a provider shall remove, within a reasonable time, all abandoned facilities and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time such facilities and equipment were installed, so as not to impair their usefulness. In removing its plant, structures, and equipment, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights-of-way in as good a condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cables, or other utility wires, poles or attachments. The city shall have the right to inspect and approve the condition of the rights-of-way cables, wires, attachments, and poles prior to, and after, removal. The liability, indemnity, and insurance provisions of this chapter, and any security fund provided in a franchise or license, shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.
(3) Upon abandonment of any facilities in place, a provider, if required by the city, shall submit to the city a written instrument, satisfactory in form to the city, transferring to the city the ownership of the facilities abandoned.
(4) At the expiration of the term for which a franchise or license is granted, or upon its revocation or earlier expiration, as provided for by this chapter, or in any such case without renewal, extension, or transfer. The city shall have the right to require a provider to remove, at its expense, all aboveground portions of a telecommunications system or open video system from the public rights-of-way within a reasonable period of time, which shall not be less than 180 days.
(5) Notwithstanding anything to the contrary set forth in this chapter, a provider may abandon any underground facilities in place so long as it does not materially interfere with the use of the rights-of-way or with the use thereof by any public utility, cable operator, or other person; provided that the written instrument, as required by division (D)(3) above, transferring to the city the ownership of the facilities abandoned, has been tendered to the city, as required.
(Prior Code, § 13.09.090) (Ord. 10-98, passed 5-20-1998)