12.14.590 Restoration of public ways, other ways, and City Property.
A. When a Grantee or other Person does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such public ways, other ways and City property to the condition as existed before the work was undertaken, unless otherwise directed by the City.
B. If weather or other conditions do not permit the complete restoration required by this section, the Grantee shall temporarily restore the affected public ways, other ways and City property. Such temporary restoration shall be at the Grantee’s sole expense and the Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
C. A Grantee or other person acting in its behalf shall use suitable barricades, flags, flaggers, lights, flares, and other measures as required for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle, or property by reason of such work in or affecting such public ways, other ways or City property.
D. The Public Works Director shall be responsible for inspection and final approval of the condition of the public ways and City property following any construction and restoration activities therein.
E. A Grantee that has determined to discontinue its operations in the City and that plans to leave its Telecommunications facilities in place must submit to the City, within ninety (90) days of the planned date for discontinuance of operation, a proposal and instruments for transferring ownership of its Telecommunications facilities to the City. If a Grantee proceeds under this clause, the City may at its option:
1. Purchase the Telecommunications facilities at a mutually determined price or the Grantee may seek bids from other Persons; or
2. Require the Grantee, at its own expense, to remove the Telecommunications facilities.
F. Telecommunications facilities of a Grantee who fails to comply with subsection E above and which, for ninety (90) days, remain unused, shall be deemed to be abandoned. Abandoned Telecommunications facilities are deemed to be a nuisance. After the lapsing of such ninety (90) days and upon thirty (30) days’ notice to the occupant, the City may exercise any remedies or rights it has at law or in equity, including but not limited to:
1. Abating the nuisance, at the expense of the Grantee;
2. Requiring removal of the telecommunications facilities at the expense of the Grantee; or
3. Removing abandoned Telecommunications facilities at the expense of the Grantee.
G. The requirements of this Section 12.14.590 shall survive the expiration, revocation, or termination of a Master Permit. (Ord. 2965 § 2 (part), 2019: Ord. 2925 § 2 (part), 2018: Ord. 2175 § 1 (part), 2003).