Except as expressly provided in this Division 6, the provisions of Division 1 of this title shall apply to all work performed by or on behalf of a state franchise holder in any highway, as defined in Section 16.04.100 in said Division 1 of this title, or in any other county right-of-way or county easement. (Ord. 2007-0047 (part), 2007.)

A. Prior to commencing any work for which a permit is required by Division 1 of this Title 16, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of said Division 1 and shall comply with all other applicable laws and regulations, including but not limited to, all applicable requirements of Division 13 of the California Public Resources Code section 21000 et seq. (the California Environmental Quality Act).
B. The director of public works shall either approve or deny a state franchise holder’s application for any permit required under Division 1 of this title within sixty (60) days of receiving a completed permit application from the state franchise holder.
C. If the director of public works denies a state franchise holder’s application for a permit, the director of public works shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
D. A state franchise holder that has been denied a permit by final decision of the director of public works may appeal the denial to the board of supervisors whose decision shall be final. Upon receiving a notice of appeal, the board of supervisors shall take one of the following actions:
1. Affirm the action of the director of public works without a hearing; or
2. Refer the matter back to the director of public works for further review with or without instructions; or
3. Set the matter for a de novo hearing before the board of supervisors. (Ord. 2007-0047 (part), 2007.)

The work of constructing, laying, replacing, maintaining, repairing, abandoning, or removing all property and appurtenances of the state franchise holder in, over, under, along, or across any county highway shall be done to the satisfaction of the director of public works at the expense of the state franchise holder, and in accordance with the terms and conditions of Division 1 of this title. Whenever above-ground equipment is placed on county rights-of-way, the state franchise holder shall provide landscaping camouflage acceptable to the director of public works. (Ord. 2007-0047 (part), 2007.)

A. The county reserves the right to change the grade, change the width, or alter or change the location of any county highway over which the franchise is granted. If any of the franchise property or appurtenances heretofore or hereafter constructed, installed, or maintained by the state franchise holder on, along, under, over, in, upon, or across any highway are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration, or relocation of the highway, or any work or improvement upon the highway, the state franchise holder shall relocate permanently or temporarily any such property or appurtenances of the state franchise holder at no expense to the county, city, or other public entity upon receipt of a written request from the director of public works to do so, and shall commence such work on or before the date specified in such written request, which date shall be not less than thirty (30) days from the date of such written request. The state franchise holder shall thereafter diligently prosecute such work to completion. Should the state franchise holder neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, the state franchise holder shall be responsible for and shall reimburse the county for any and all additional costs or expenses incurred by county due to or resulting from such delay in relocation of facilities. Provided, however, if such highway is subsequently constituted as a state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.
B. The county reserves the right for itself, for all cities and other public entities which are now or may later be established, to lay, construct, repair, alter, relocate, and maintain subsurface or other facilities or improvements of any type or description in a governmental but not proprietary capacity within the highways over which the franchise is granted. If the county, city, or other public entity finds that the location or relocation of such facilities or improvements conflicts with the property or appurtenances laid, constructed, or maintained by the state franchise holder, whether such property was laid, constructed, or maintained before or after the facilities of the county or such city or other public entity were laid, the state franchise holder shall at no expense to the county, city, or public entity, on or before the date specified in a written request from the director of public works, which date shall not be less than thirty (30) days after the date of such notice and request to do so, commence work to change the location either permanently or temporarily of all property and appurtenances so conflicting with such improvements to a permanent or temporary location in such highways, to be approved by the director of public works; and thereafter diligently prosecute such work to completion. Should the state franchise holder neglect or fail to relocate its facilities within the period specified in any such notice, the state franchise holder shall be responsible for and shall reimburse the county, city, or other public entity for any and all additional costs or expenses incurred by the county, city, or other public entity due to or resulting from such delay in relocation of facilities. If such highway be subsequently constituted a state highway, while it remains a state highway the rights of the state of California shall be as provided in section 680 of the California Streets and Highways Code. (Ord. 2007-0047 (part), 2007.)

A. Upon the permanent discontinuance of the use of all or a portion of its property, the state franchise holder shall, within thirty (30) days thereafter, make written application to the director of public works for authority either to abandon all or a portion of such property in place; or to remove all or a portion of such property. Such application shall describe the property desired to be abandoned and its location with reference to county highways, and shall describe with reasonable accuracy the physical condition of such property. The director of public works shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be effected. The director of public works shall then notify the state franchise holder of the determination.
B. Within thirty (30) days of the date of the director of public works’ notice, the state franchise holder shall apply for a permit from the department of public works to abandon or remove the property.
C. The state franchise holder shall, within sixty (60) days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit. (Ord. 2007-0047 (part), 2007.)

A. If any facilities abandoned pursuant to Section 16.92.040 are not abandoned in accordance with all conditions specified by the director of public works, the director of public works may make additional appropriate orders, including an order that the state franchise holder shall remove any or all such facilities. The state franchise holder shall comply with such additional orders.
B. In the event that the state franchise holder fails to comply with the terms and conditions of abandonment or removal as may be required by this Division 6, and within such time as may be prescribed by the director of public works, then the county may remove, or cause to be removed, such facilities at the state franchise holder’s expense. The state franchise holder shall pay to the county the cost of such work plus the current rate of overhead being charged by the county for reimbursable work.
C. If upon the permanent discontinuance of the use of all or a portion of its property, the state franchise holder, within thirty (30) days thereafter, fails or refuses to make written application for authority to remove or abandon the property, the director of public works shall make the determination as to whether the property shall be abandoned in place or removed. The director of public works shall then notify the state franchise holder of the determination. The state franchise holder shall thereafter comply with the provisions of subsections B and C of Section 16.92.050. (Ord. 2007-0047 (part), 2007.)

A. Prior to any construction, rebuild, or upgrade of a cable or video system, a state franchise holder shall establish procedures for notifying county residents in the impacted area of construction schedules and activities. Such notices must be provided in the predominant languages spoken by those persons who work and/or reside in the impacted area. The notices shall be provided to the director of public works for review and approval no later than twenty (20) days before commencement of construction, rebuild, or upgrade activities.
B. At a minimum the notice required in subsection A shall be provided by the state franchise holder to impacted residents and occupants in the construction area not less than forty-eight (48) hours prior to the planned construction. Additional notice shall be provided by the state franchise holder to the persons described in subsection A, above, on the day of construction. The notice may be in the form of door hangers that indicate, at a minimum, the dates and times of construction, and the name and telephone number of a state franchise holder contact.
C. The state franchise holder shall provide notice at least twenty (20) days prior to entering private property or public ways or public easements adjacent to or on such private property, public ways, or public easements, and provide a second notice three (3) days prior to entering such property.
1. Should there be above-ground or underground installations (excluding aerial cable lines utilizing existing poles and cable paths) which will affect the private property, such notice shall be in writing and shall contain specific information regarding any above-ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths) which shall affect the private property.
2. To the extent practicable, above-ground or underground equipment placed on private property shall be placed at the location requested by the property owner. A state franchise holder shall provide the private property owner with at least twenty (20) days advance written notice of its plans to install such equipment, and shall obtain express written consent, in the form of a recorded easement agreement, from the private property owner before installing its appurtenances. The state franchise holder shall notify the property owner, in writing, that the property owner is not obligated to agree to the placement on their property or to enter into an easement agreement with the state franchise holder. Should property owner notify the state franchise holder of objection to placement of any such above-ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), the state franchise holder shall confer with the county public works department regarding appropriate location and placement of such appurtenances.
D. In addition to any other notice of proposed entry required under this Division 6, a state franchise holder’s personnel shall make a reasonable attempt to give personal notice to residents immediately preceding entry on private property or public ways or public easements adjacent to or on such private property. (Ord. 2007-0047 (part), 2007.)

A. A state franchise holder, its employees, agents, contractors, and subcontractors shall be properly identified as agents of the state franchise holder prior to and during entry on private and public property. Identification shall include the name and telephone number of the state franchise holder on all trucks and vehicles used by installation personnel. (Ord. 2007-0047 (part), 2007.)

After performance of work, the state franchise holder shall restore such private and public property to a condition equal to or better than its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements upon private or public property shall, at the sole expense of the state franchise holder, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner, in addition to the furnishing of camouflage plants on public property. (Ord. 2007-0047 (part), 2007.)

Each state franchise holder, within sixty (60) days after the expiration of each calendar year, shall file a report with the director of public works, which shall contain a streets and highways map or maps of any convenient scale on which shall be plotted the location of the entire transmission and distribution system or systems as of the last day of the just expired calendar year, with the system or systems located in the county highways indicated by distinctive coloration or symbols. (Ord. 2007-0047 (part), 2007.)