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)