4.20.114.22   If city determines any part of facilities are harmful to health and safety of any person, franchisee shall promptly correct.
If at any time it is determined by the city or any other agency or authority of competent jurisdiction, or it is discovered by a franchisee, that any part of the system facilities fails to comply with any technical, construction or maintenance requirement set forth in the ordinance codified in this title or the franchisee’s franchise agreement, including without limitation missing or cracked vault or pedestal covers, temporary drop cables which cross over walkways, driveways or other areas, improper grounding, and low cables, riser problems, or other violations of other laws, codes or ordinances, which are harmful to the health or safety of any person, then a franchisee shall be responsible for correcting and shall correct all such conditions at its own cost and expense immediately or in any event within twenty-four (24) hours of discovery or receipt of notice from the city or any other agency or authority of competent jurisdiction. Until such conditions are corrected, franchisee shall post or provide suitable warnings to ensure that the health and safety of those persons reasonably affected by such conditions is ensured, provided that franchisee has received notice from the city or others identifying such conditions or franchisee is otherwise aware of the health and safety standards of such conditions. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.” (Ord. 205 § 3, 2001)