§ 1060-170. REMOVAL AND ABANDONMENT OF PROPERTY OF GRANTEE  


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  • (a)

    In the event that the use of any part of the CATV system is discontinued for any reason for a continuous period of six months, or in the event such system or property has been installed in any street or public place without complying with the requirements of Grantee's franchise or this chapter, or the franchise has been terminated, canceled or has expired, the Grantee, upon being given 60 days notice, shall promptly at no expense to the Grantor remove from the streets or public places all such property and poles of such system other than any which the Development Services Department Director may permit to be abandoned in place. In the event of such removal, the Grantee shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Development Services Department Director. Removal of abandoned property if not performed by Grantee, may be done by the Grantor and billed to the Grantee at Grantor's option.

    (b)

    Any property of the Grantee remaining in place 30 days after the termination or expiration of the franchise shall be considered permanently abandoned. The Development Services Department Director may extend such time not to exceed an additional 30 days.

    (c)

    Any property of the Grantee to be abandoned in place shall be abandoned in such a manner as the Development Services Department Director shall prescribe. Subject to the provisions of any utility joint use attachment agreement, upon permanent abandonment of the property of the Grantee in place, the property shall become that of the Grantor and the Grantee shall submit to the Development Services Department Director an instrument in writing, to be approved by the County Counsel, transferring to the Grantor the ownership of such property.

    (d)

    Any and all streets and public ways disturbed or damaged during the construction, operation, maintenance, or reconstruction of the system, shall be promptly restored by the Grantee, at its sole expense, to their original condition unless otherwise authorized in writing by Grantor.

(Ord. 1585, Sec. 2, May 28, 2013)