Yolo County Municipal Code Art. 4 Construction Requirements

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 with mobile home parks, and other multiple family residential units. (§ 1, Ord. 1095, eff. July 27, 1989)

Notwithstanding any other provision of this chapter, a licensee shall be excused from making cable television services available to a particular dwelling unit within a licensee area if that dwelling unit is situated at least 500 feet from another dwelling unit and making service available to the dwelling unit would require an aerial or underground extension of cable in excess of 500 feet from an otherwise existing aerial or underground trunk cable. The sole purpose of this exception is to relieve a licensee from providing service to an isolated dwelling unit within a license area under circumstances wherein extension of the system would constitute an excessive burden, and occupants of only one dwelling unit within the area would be deprived of services as a result of the relief. A licensee shall not be entitled to relief under this section unless it shows that it would not have been reasonable to have located cable in such a manner as to be within the distance limitation prescribed by this section. (§ 1, Ord. 1095, eff. July 27, 1989)

Commencing at the end of the first full calendar quarter following the issuance of a license pursuant to the provisions of this chapter, and continuing every calendar quarter thereafter until the date cable television services are made available to 100 percent of the dwelling units within each license area, the chief executive officer of the licensee shall file with the Director of Public Works a written declaration identifying the number and percentage of dwelling units in each license area to which such services have been made available as of the last day of the quarter for which the declaration is made. Upon request, the licensee shall make available to the County such maps, documents and other data as were used by the licensee to compile the aforesaid declaration. Said quarterly declarations shall be filed not later than forty (40) days after the end of the quarter for which the report is filed. (§ 1, Ord. 1095, eff. July 27, 1989)

Sec.11-2.404. Completion.

(a) A final order of completion shall be issued by the Board of Supervisors when: (1) construction of the cable television system has been completed within the entirety of each license area in compliance with construction standards and the design and other requirements of this chapter; (2) cable television services have been made available to 100 percent of the dwelling units within each license area; (3) any and all studio facilities, equipment, channels and other services, resources or benefits required for public, educational, and governmental access purposes pursuant to the provisions of this chapter have been completed and made available; (4) complete and accurate “as built” plans pursuant to Section 11-2.305 have been filed by the licensee with the County; and (5) a notice of completion has been filed by the licensee as hereinafter provided.

(b) For purposes of this chapter, cable television service shall be deemed to be made available when cable television services are offered on a nondiscriminatory basis for immediate provision to the owner or legal representative of the owner empowered to consent to use of the property of such individual dwelling units.

(c) For the purpose of determining compliance with the provisions of this chapter and of determining completion under this section, the total number of dwelling units within each license area shall be deemed to be the actual number of units available for occupancy as of the date forty-five (45) calendar days in advance of the filing of notice, the total number of dwelling units to which cable television service have been made available within each license area as of the date of filing, and shall otherwise certify completion as defined by subsection (a)of this section. Neither the notice of completion nor the statements, assertions or certifications contained therein shall be deemed to be binding upon the County.

(d) A licensee who asserts completion shall file a written notice of completion with the Clerk of the Board of Supervisors. The notice of completion shall state the total number of dwelling units available for occupancy within each license area forty-five (45) calendar days in advance of the filing of the notice, the total number of dwelling units to which cable television service have been made available within each license area as of the date of filing, and shall otherwise certify completion as defined by subsection (a)of this section. Neither the notice of completion nor the statements, assertions or certifications contained therein shall be deemed to be binding upon the County.

(e) During the period of construction of the cable television system or during the sixty (60) day period following filing of the notice of completion, all elements and components thereof, and all equipment and studio facilities required by the license document shall be subject to inspection by County employees or authorized agents or representatives thereof, for the purpose of determining whether the system and related facilities comply with the license and the provisions of this chapter. The licensee shall authorize such inspection and provide such information and cooperation as is required in order to permit an adequate investigation to determine the existence or nonexistence of such compliance. (§ 1, Ord. 1095, eff. July 27, 1989)

(a) Except as hereinafter provided, violation by a licensee of any of the provisions of this chapter caused by circumstances beyond the control of the licensee shall constitute good and sufficient excuse and justification for such violations precluding the licensee from being in breach of said provisions. The following are examples of acts or omissions by a licensee or circumstances which shall be deemed not to be beyond the control of the licensee and which shall not constitute excuses or justifications for violations:

(1) The failure at any time by a licensee or its officers, agents or employees to exercise diligence in planning, organizing, arranging for or prosecuting the work of construction and installation, or in taking any other action necessary to permit or facilitate the work or construction and installation;

(2) Unanticipated cost increases or insufficiency of capital with which to take actions necessary to comply or facilitate compliance with any of the provisions of this chapter;

(3) Considerations relating to economy or cost efficiency, as respects acts or omissions by a licensee;

(4) Delays occasioned by the failure of a licensee to diligently apply for and prosecute any request for a required certificate, approval or consent from the FCC;

(5) Delays occasioned by seasonal changes in weather or climatic conditions, such as rain (exclusive of catastrophic conditions in the nature of “Acts of God”). (Rain delay shall not constitute an excuse or justification for violation except with respect to measurable precipitation occurring on more than fifty-nine (59) days during any period commencing July 1st, and ending the next following June 30th; and only if such is the proximate cause of the violation);

(6) Delays occasioned by the customary and usual time required to obtain approval to attach lines to poles owned by private or public utilities or in the attaching of cable to the poles; provided that if a licensee submits all plans and documentation required by private or public utility in connection with the approval to attach lines or poles, any time consumed by such approval process which is longer than 150 calendar days following the submission of all necessary plans and documentation shall be deemed to excuse the licensee from any violations which are proximately caused by such delay in excess of 150 calendar days;

(7) Delays occasioned by the customary and usual time required to process and secure approvals under zoning ordinances of the County for the location of components of the cable television system and other installations associated therewith, given the nature of the approval required and magnitude of the project.

(b) Notwithstanding the provisions of subsection (a)of this section a licensee shall not be excused from any violation of the provisions of this chapter except for causes which are beyond the control of the licensee and except with respect to violations which have not been contributed to or aggravated by acts or omissions by the licensee.

(c) Except as otherwise provided above, violations caused exclusively by acts or omissions by the County or its officers, agents, or employees shall constitute and excuse and justification for failure of the licensee to comply with the provisions of this chapter precluding a determination that the licensee is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the licensee from other violations, shield the licensee from a determination that it is in breach for violations, or bar any relief for damages or otherwise as a result of such breach. (§ 1, Ord. 1095, eff. July 27, 1989)

Examples of circumstances beyond the control of licensee which excuse a licensee from violation and being in breach of the provisions of this chapter, when such violations are caused thereby, including but not limited to the following: strikes, acts of public enemies; orders by military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil disturbances; explosions; and partial or entire failure of utilities. (§ 1, Ord. 1095, eff. July 27, 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 or the 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 County 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. (§ 1, Ord. 1095, eff. July 27, 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, pay any fees and post any security required by such ordinance, 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.

The County shall be authorized to establish special fees payable by a licensee to defray the costs incurred by the Department of Public Works of the County in supervising and regulating the installation of a cable television system within the streets of the County. The Director of Public Works of the County shall be authorized to formulate the purpose of promoting safety, reducing inconvenience to the public, and insuring adequate restoration and repair of the streets, and a licensee and its officers, agents, contractors and subcontractors shall comply with any and all such schedules. (§ 1, Ord. 1095, eff. July 27, 1989)

All disturbance by a licensee of pavement, sidewalk, driveways, landscaping or other surfacing of streets shall be restored, repaired or replaced by 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 generally 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 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. (§ 1, Ord. 1095, eff. July 27, 1989)

(a) Upon any failure of the licensee to commence, pursue or complete any work required by it by law or by the provisions of a franchise to be done in any street, the Board at its option and according to law, may cause such work to be done and the licensee shall pay to the County the cost thereof in the itemized amounts reported by the Board to the licensee, within thirty (30) days after receipt of such itemized report.

(b) In the event that:

(1) Any part of such system has been installed in any street or other area without complying with the requirements hereof and/or the franchise ordinance; or

(2) The use of any part of the system of licensee is discontinued for any reason for a continuous period of thirty (30) days, without prior written notice to and approval by the County; then:

The licensee shall, at the option of the County, and at the expense of licensee and at no expense to the County, and upon demand of the County, promptly remove from any streets or other area all property of licensee, and licensee shall promptly restore the street or other area from which such property has been removed to such condition as the County Director of Public Works shall approve. (§ 1, Ord. 1095, eff. July 27, 1989)

No license shall be deemed to expressly or impliedly authorize the licensee to construct or install poles or wire-holding structures within the streets for the purpose of placing cables, wires, lines or otherwise, without the written consent of the Board of Supervisors. Such consent shall be given upon such reasonable terms and conditions as the Board of Supervisors in its sole discretion may prescribe which shall include a requirement that the licensee perform, at its sole expense, all tree trimming required to maintain the poles clear of obstructions.

With respect to any poles or wire-holding structures which a licensee is authorized to construct and install within streets, a public utility or public utility district serving the County may, if denied the privilege of utilizing such poles or wire-holding structures by the licensee, apply for such permission to the Board of Supervisors. If the Board of Supervisors finds that such use would enhance the public convenience and would not unduly interfere with the licensee’s operations, the Board of Supervisors may authorize such use subject to the terms and conditions as it deems appropriate. Such authorization shall include the condition that the public utility or public utility district pay to the licensee any and all actual and necessary costs incurred by the licensee in permitting such use. (§ 1, Ord. 1095, eff. July 27, 1989)

(a) Unless otherwise authorized by the Board in those areas and portions of the County where transmission and/or distribution facilities of the public utility providing telephone service, and those of the utility providing electric service, are underground or hereafter may be placed underground, or are to be placed underground by a builder, developer or subdivider as part of a development or subdivision, then the licensee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground to the maximum extent that existing technology reasonably permits the licensee to do so.

(b) In new developments or subdivisions the builder, developer, or subdivider shall be responsible for the performance of all necessary trenching and backfilling of main line and service trenches, including furnishing of any imported backfill material required. The licensee will be responsible for the conduct of the engineering and labor to put the cable conduit in the trench. Pre-wiring of new dwellings to franchise specifications while under construction shall be mandatory. The licensee will be responsible for pulling in the cable, and providing the plant electronics and drops to individual homes, after occupancy.

(c) In those areas and portions of the County where utility service facilities are currently located underground, the licensee shall be responsible for the undergrounding of cable facilities, including the performance of all necessary trenching, and the furnishing of any imported backfill material required.

(d) Previously installed aerial cable shall be undergrounded in concert, and on a cost-sharing basis, with other utilities pursuant to the general ordinances of the County or applicable State law, or in the event such action shall be taken by all other utilities on a voluntary basis.

(e) Subject to approval by the Board, incidental appurtenances such as amplifier boxes and pedestal mounted terminal boxes may be placed above ground, but shall be of such size and design and shall be so located as not to be unsightly or hazardous to the public. (§ 1, Ord. 1095, eff. July 27, 1989)

The licensee shall be required to extend the cable television system to any new developments or general areas within the license area as authorized to do so within the remainder of the license area pursuant to the following requirements:

(a) The licensee shall be required to extend the subscriber network to any new developments or general areas within the service area and is authorized to do so within the remainder of the franchise area pursuant to the following requirements:

(1) Licensee must extend and make cable communications service available to every dwelling unit within the area reaching the minimum density of at least forty (40) dwelling units per street mile, or five (5) dwelling units within 660 feet, as measured from existing feeder cable.

(2) Licensee must extend and make cable communications service available to every dwelling unit in all unserved, developing areas having at least forty (40) dwelling units planned per street mile, as measured from the existing system, and shall extend its system simultaneously with the installation of utility lines.

(3) Licensee must extend and make cable communications service available to any isolated resident requesting connection at the standard connection charge, if the connection to the isolated resident would require no more than a standard 150 foot aerial drop line or underground connection.

(4) With respect to requests for connection requiring an aerial drop line in excess of 150 feet, the licensee must extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the licensee for the distance exceeding 150 feet.

(5) Whenever the licensee shall have received written requests for services from at least fifteen (15) assured subscribers within 1,300 cable feet of its aerial trunk cable, it shall extend its system to such subscribers solely for the usual connection and service fees for all subscribers, provided that such extension is technically and economically feasible. The 1,300 cable feet shall be measured in extension length of grantee’s cable required for service located within public way or easement and shall not include the length of necessary drop to the subscribers house or premises.

(b) Special agreement. Nothing herein shall be construed to prevent licensee from serving areas not covered under this section upon agreement with developers, property owners, or residents.

(c) Any violation of this section shall be considered a breach of the terms of this chapter. (§ 1, Ord. 1095, eff. July 27, 1989)

If during the term of a license the County, a county service area, a community services district, a 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 the subdivision in which all utility lines, including those for the cable television system were installed at the same time, the entities may decide among themselves who is to bear the cost of relocation; provided that the County shall not 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. Reasonable advance written notice shall be mailed to the licensee advising the license of the date or dates removal or relocation is to be undertaken. (§ 1, Ord. 1095, eff. July 27, 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 portions 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. 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, shall indemnify, defend and hold harmless the City and its 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 licensee or its officers, agents, employees, contractors or subcontractors. (§ 1, Ord. 1095, eff. July 27, 1989)

Each licensee shall, upon request by any person holding a building moving permit, license or other approval issued by the County 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 one week oral and written notice to arrange for such temporary wire changes. (§ 1, Ord. 1095, eff. July 27, 1989)

Upon expiration or termination of a license, if the license is not renewed and if neither the County 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 Supervisors based upon a determination, in the sole discretion of the Board, that the 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 Supervisors to remove cable or conduit shall be mailed to the licensee not later than ninety (90) calendar days following the date of expiration of the license. A licensee shall file written notice with the Clerk of the Board of Supervisors not later than sixty (60) calendar days following the date of expiration or termination of the license of 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. Removal shall be completed not later than twelve (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 County.

Upon expiration or termination of a license, if the license is not renewed and if neither the County nor an assignee purchase the system, the licensee, at its sole expense shall, unless relieved of the obligation by the County 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 County 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 ordinances of the County, 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. (§ 1, Ord. 1095, eff. July 27, 1989)

(a) In the event the use of any license property is permanently discontinued, or no license has been obtained therefor, upon expiration of or within twelve (12) months after any termination of a license, the licensee shall promptly remove from the streets all property involved, other than any the Board may, at its sole option, permit to be abandoned in place.

(b) A permit to abandon in place must first be obtained from the County Director of Public Works. Nothing hereunder shall be deemed a taking of the property of licensee, and licensee shall be entitled to no surcharge by reason of anything hereunder.

(c) License property to be abandoned in place shall be abandoned in such manner as the Board shall prescribe. Upon abandonment of any license property in place, the licensee shall submit to the Board an instrument, satisfactory to the County Counsel, transferring to the County the ownership of such property. (§ 1, Ord. 1095, eff. July 27, 1989)

Any Director of Public Works for the County who determines that a licensee has committed an act or omission in violation of any of the provisions of Sections 11-2.407 through 11-2.417 shall be authorized to mail written notice of the violation to the licensee.

Not later than seven (7) calendar days following the mailing of such notice, the licensee shall be authorized to file an appeal with the Clerk of the Board of Supervisors. The licensee shall also file a copy of the notice in the office of the Director of Public Works. The Board of Supervisors 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 ten (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 (5) calendar days following mailing to the licensee of an order by the Board of Supervisors, the licensee has failed to correct the violation through assignment of such task to his subordinate personnel or delegation of authority to take such corrective action to a public utility, public district, contractor or other third party. In such event, the licensee shall be liable for the full amount of any charges made for such corrective action, and 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 provisions 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 ten (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 the damages which may arise out of and be proximately caused by breach by a licensee of any of the provisions of said provisions. (§ 1, Ord. 1095, eff. July 27, 1989)