San Francisco County Municipal Code Art. III Permits and Construction

Sec. 11.29. Compliance With Laws. Sec. 11.30. Maps and Plans. Sec. 11.31. Placement of Facilities. Sec. 11.32. Removal, Relocation, and Work-Arounds. Sec. 11.33. Abandonment.

(a) Applicable Laws. All work performed in the geographic boundaries of the City by a Grantee, including work not involving excavation and including work performed on both public and private property, shall be performed in compliance with this Chapter, the Franchise, and other Applicable Law, including, but not limited to the City's Municipal Code, (including the Public Works Code), and CPUC General Orders 95, 112, and 128. Grantee shall, at its sole expense, procure and maintain in force at all times during the term of its Franchise any and all business and other licenses or approvals necessary to construct Facilities and provide any Services in the City. Grantee shall obtain any necessary approvals regarding the impact that its Facilities may have upon the environment. Nothing in this Chapter or in any Franchise is intended to imply that such approvals will be issued. (b) Construction, Operation, and Maintenance Standards. Experienced and properly trained maintenance and construction personnel shall perform the construction, operation and maintenance of Facilities in a manner consistent with industry standards and good engineering practices. In the event of a conflict among codes and standards, the most stringent applicable code or standard shall apply, except insofar as that standard, if followed, would result in Facilities that could not meet requirements of Applicable Law. A Grantee shall at all times employ reasonable care, within the meaning of Applicable Law, and shall install and maintain in use commonly accepted methods and devices to prevent failures and accidents that are likely to cause damage, injury, or nuisance to the public. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Grantee shall make a good faith effort to maintain current, accurate and complete plans and record drawings showing, in detail, all physical features of the Facilities, including, without limitation, the approximate location, depth, and size of its Facilities constructed or installed in the Public Rights-of-Way in relation to the adjoining property lines, and the services provided over the Facilities. Upon demand, such plans and record drawings shall be delivered to City, in a format acceptable to the City, within ten (10) City business days of a written request, or immediately, upon oral request and in whatever format is available, in the event of an emergency. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy in the Public Rights-of-Way, and the City reserves the authority to designate where a Grantee's Facilities may be placed. A Grantee may not place Facilities inconsistent with the City's Public Works Code or the rules, regulations, or orders of the Department of Public Works or other Applicable Law, or in such a way as to interfere with public use of the Public Rights-of-Way.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

(a) Grantee Must Remove, Relocate, Adjust, and/or Support Facilities to Accommodate City Needs. The City reserves the right to occupy the Public Rights-of-Way, or any part thereof, which is occupied or to be occupied by a Grantee's Facilities. When required to ensure the public health, safety, and welfare, a Grantee shall, at its own cost and expense, temporarily or permanently remove, relocate, adjust, and/or support the Facilities, or any part thereof, to such other location(s) in the Public Rights-of-Way, or in such manner, as appropriate, as may be designated or approved, in writing and in advance, by the City. The City may not unreasonably withhold Approval of any plan for removal, relocation, adjustment and/or support of the Facilities ordered pursuant to this Section. Such removal, relocation, adjustment and/or support shall be completed within the time prescribed by the City. If the Facilities are not removed, relocated, adjusted and/or supported in the manner and time prescribed by the City, the City may take all reasonable, necessary, and appropriate action, including removing the Facilities, and may charge the reasonable costs actually incurred, including, but not limited to, administrative costs, to Grantee. (b) Grantee Must Restore The Public Rights-of-Way. Whenever the removal, relocation, adjustment, and/or support of Facilities is required pursuant to subsection (a) above, Grantee shall, after such work is complete, at its own cost and expense, promptly repair, restore and return the Public Rights-of-Way in which the Facilities were located, to a safe and satisfactory condition, as approved by the City in accordance with Applicable Laws. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

(a) Notice of Abandonment. Within three (3) months of the effective date of this Section, all Grantees shall provide a map to the Department of Public Works, in a form approved by the City, showing the location of those Facilities located in the Public Rights-of- Way that have been abandoned by Grantee. The map shall include street names and shall show the size and type of the abandoned facilities. Thereafter, Grantees shall provide updated maps to the Department of Public Works at the end of each calendar quarter showing those Facilities in the Public Rights-of-Way abandoned by Grantee during the calendar quarter. For purposes of this Section, "abandon" and other similar terms mean that Facilities are no longer used by Grantee for any purpose authorized by a Franchise or by Section 7901 of the California Public Utilities Code. (b) City Determination Regarding Abandonment. A director of a department may determine by department order that Facilities located in the Public Rights-of-Way, or any part thereof, have been abandoned. A Grantee shall promptly provide information to the Department, upon request, describing in detail the location and use of any Facilities under inquiry. Prior to the department director making an abandonment determination, the department shall provide Grantee written notice of its intent to deem the Grantee's Facilities abandoned. In the event the department cannot determine, after a good faith effort, the owner of the Facilities, notice shall be made by publication. A Grantee may appeal any department determination regarding abandonment by requesting an administrative hearing within ten (10) City business days of the effective date of such a determination, consistent with the provisions of Section 11.81 below. (c) Treatment of Abandoned Facilities. In the event Grantee has notified the Department that it has abandoned any part of its Facilities, or the City's determination that Facilities have been abandoned has not been appealed pursuant to Section 11.81 below, at City's option, Grantee shall: (1) convey all or a portion of the abandoned Facilities to City at no cost; (2) leave all or a portion of the abandoned Facilities in place; or (3) promptly remove all or a portion of the abandoned Facilities and restore City Property as required by City, consistent with Section 11.18 above. In the event the City elects to have all or a portion of the Facilities conveyed to it, Grantee shall execute such documents of title in a form acceptable to the City Attorney as will convey to the City free and clear of liens and/or adverse claims of title all right, title, and interest in the abandoned Facilities, or any part thereof. (d) Abandonment May Be a Material Breach. If a Grantee abandons a substantial portion of its Facilities so as to compromise the provision of Service under its Franchise, such abandonment may be a Material Breach of a Franchise. (e) Liability. A Grantee shall assume all liability for abandoned Facilities unless and until title is conveyed to another Person consistent with any requirements of a Franchise or other Applicable Law or the City takes title to such Facilities pursuant to this Section. (f) Expedited Abandonment Determination. (1) Request For Determination. Notwithstanding the provisions of subsections (a) through (d) above, in the event that during an excavation a Person or City department discovers Facilities that appear to be abandoned and the Person or City department requests a determination of abandonment in order to: (1) avoid unnecessary excavation through use of the abandoned Facilities; (2) resolve an emergency situation, or (3) prevent significant delays or cost overruns on the excavation project, the Person or City department may request the Director of the Department of Public Works to issue an expedited abandonment determination. (2) Abandonment Order. If demonstrated to be necessary to preserve the public health, safety and welfare, or for the public convenience and necessity, the Director of the Department of Public Works may issue an expedited abandonment determination in the

form of a departmental order ("Order") and shall serve a copy of the Order by certified mail on the owner of the Facilities, or provide notice as set forth in subsection (4) below, if the owner is unknown. The Order shall set forth the City's proposed disposition of the Facilities. (3) Appeal And Final Order. The owner of the Facilities shall have three (3) City business days from receipt of the Order to comply with or appeal the Order in writing on the basis that the Facilities are not abandoned. In the event of a request for appeal, the Department of Public Works shall hold an administrative hearing within five (5) City business days of the request. If no appeal is requested, the Order shall become final upon passage of the time for appeal and the City may dispose of the Facilities as set forth therein. (4) Unknown Owner. In the event the owner of the Facilities cannot be readily identified, the Director of the Department of Public Works shall post the Order at the excavation site and shall serve a copy of the departmental Order by certified mail on the following Persons: (1) all utility excavators installing Facilities in the Public Rights-of-Way within the last three (3) years of the discovery of the Facilities; and (2) after reviewing excavation permits issued within the last three (3) years, all Persons the Department of Public Works has reason to believe may have an ownership interest in the Facilities. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)