A. The construction, operation, maintenance and repair of facilities in the public rights-of-way shall be performed in compliance with all laws and practices affecting such facilities. This shall include, but not be limited to, applicable zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by such facilities construction, and such directives governing the time, place and manner in which facilities may be installed in the public rights-of-way. Any person engaged in the construction, operation, maintenance or repair of facilities in the public rights-of-way shall exercise reasonable care in the performance of all of its activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.

B. Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation, maintenance or repair of facilities permitted under this title by or on behalf of a permittee shall be promptly repaired by the permittee at its expense. Public property and public rights-of-way shall be restored to the satisfaction of the town or to a condition as good as that which existed before the disturbance or damage occurred.

C. A person with facilities in the public rights-of-way shall, by a time specified by the director of public works, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the town in the exercise of its governmental or proprietary powers by reason of traffic conditions; public safety; public rights-of-way construction and repair (including, but not limited to, regrading, resurfacing or widening); public rights-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the person’s right-of-way facilities. Collectively, such matters are referred to below as the “public project.”

D. To accommodate the construction, operation, maintenance or repair of the facilities of another person authorized to use the public rights-of-way or public property, a permittee shall, by a time specified by such person, protect, support, temporarily disconnect, relocate or remove its facilities. The permittee must be given written notice describing where the construction, operation, maintenance or repair is to be performed at least fifteen days prior to the time by which its work must be completed. The director of public works may resolve disputes as to responsibility for costs associated with removal, relaying, or relocation of facilities among entities authorized to install facilities in the public rights-of-way or on public property if such entities are unable to do so themselves.

E. A permittee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A permittee shall be given not less than seven days’ advance written notice to arrange for such temporary wire changes. The expense of such temporary removal or the raising or lowering of wires shall be paid by the person requesting the same.

F. A permittee shall remove its facilities in the public rights-of-way that it intends to abandon within ninety days after it gives written notice to the town of its intention to abandon. However, if, within ninety days of the receipt of written notice of abandonment, the town determines that the safety, appearance, function or use of public rights-of-way and facilities in public rights-of-way will be adversely affected, the permittee may abandon its property after receipt of appropriate notice from the town. A permittee that abandons its property must, upon request, transfer ownership of the property to the town at no cost, and execute necessary quitclaim deeds and indemnify the town against future costs associated with the mitigation or elimination of any environmental hazard associated with the abandoned property.

G. Each permittee and any other person that places facilities underground shall be a member of the regional notification center for subsurface installations (Underground Services Alert) as may be required by California Government Code Section 4216 et seq., and shall field mark the locations of its underground communications facilities upon request. Such permittee or person shall locate its facilities for the town at no charge. (Ord. 569 § 5 (part), 2007)