As used in this chapter, the term "Dwelling Units" means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms, and dormitories, and includes single family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple family residential units.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
Each Cable Television System, including wires and appurtenances, shall be located and installed and maintained so that none of the facilities endanger or interfere with the lives or safety of persons, or interfere with any improvements the County, Cities or State of California may deem proper to make or unnecessarily hinder or obstruct the free use of the Streets or other public property. All transmission and distribution structures, lines and equipment erected or installed by a Licensee within the Sacramento Community shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Streets or other public property.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
During the term of each License, in advance of occupying, working upon or otherwise utilizing any street, the Licensee shall apply for and obtain any encroachment permit, license, authorization or other approval required by ordinances in force within the County and Cities, pay any fees and post any security required by such ordinances, and in the course of construction, installing, replacing, maintaining and repairing the Cable Television System shall comply with all applicable requirements of such ordinances and any terms or conditions of encroachment permits, licenses, authorizations or approvals issued thereunder.
(SCC 690 § 1, 1987; SCC 753 § 10, 1989; SCC 786 § 1, 1989)
All disturbance by a Licensee of pavement, sidewalk, driveways, landscaping or other surfacing of Streets shall be restored, repaired or replaced by the Licensee at its sole cost in a manner approved by the Director of Public Works and in compliance with general applicable ordinances of the agency vested with jurisdiction thereover, and in as good condition as before the disturbance occurred. To the extent practicable and reasonable, each Licensee shall accommodate the desires of any property owner respecting location within easements or rights-of-way traversing private land of the property owner of above ground boxes or appurtenances constituting a part of the Cable Television System. Any disturbance of landscaping, fencing or other improvements upon private property, including private property traversed by easements or rights-of-way utilized by a Licensee, shall, at the sole expense of the Licensee, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner as soon as possible. Each Licensee shall, through authorized representatives, make a reasonable attempt to personally contact the occupants of all private property in advance of entering such property for the purpose of commencing any installation of elements of the System within easements or rights of-way traversing such property. As used in this paragraph, the terms "easements" and "rights of-way" do not include easements or rights-of-way for roadway purposes.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
No License shall be deemed to expressly or impliedly authorize the Licensee to construct or install poles or wire holding structures within Streets for the purpose of placing cables, wires, lines or otherwise, without the written consent of the County or Cities within which the Street is situated. Such consent shall be given upon such terms and conditions as the Governing Body in its sole discretion may prescribe.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
Except as hereinafter provided, in all areas of the Sacramento Community where the cables, wires and other like facilities of a public utility or public utility district are placed underground, each Licensee shall construct and install its cables, wires and other facilities underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe. In any area of the Sacramento Community where there are certain cables, wires and other like facilities of a public utility or public utility district underground and at least one operable cable, wire or like facility of a public utility or public utility district suspended above the ground other facilities from the same pole.
With respect to any cables, wires and other like facilities constructed and installed by a Licensee above ground, except as otherwise expressly provided by law, the Licensee shall, at its sole expense, reconstruct and reinstall such cables, wires or other facilities underground pursuant to any project under which the cables, wires or other like facilities of such utilities are placed underground within an area. The duty of a Licensee to underground shall arise only if all existing above ground like facilities of such utilities are placed underground.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
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 above ground 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.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
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.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
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 48 hours oral or written notice to arrange for such temporary wire changes.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
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 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 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 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 above ground 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.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)
Any Director of Public Works of the County or Cities who determines that within his jurisdiction a Licensee has committed an act or omission in violation of any of the provisions of Sections 5.75.312 through 5.75.328 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 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 Licensee 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 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 breach by a Licensee of any of the provisions of said provisions.
(SCC 690 § 1, 1987; SCC 786 § 1, 1989)