5.50.090 Construction standards.
A. All cable facilities constructed under this chapter shall be placed and maintained at such places and positions in or upon such public rights-of-way and public places as shall not interfere with the passage of traffic and the use of adjoining property, and shall conform to the applicable section of the National Electrical Code, codes of the state of Washington, and city rules, regulations, ordinances, codes, standards and policies pertaining to such construction.
B. At least seven days prior to any intended construction, a franchisee shall inform all residents in the affected area that a construction project will commence, the dates and nature of the project, and provide a toll-free telephone number which the subscriber may call for further information. A preprinted door hanger may be used for this purpose.
C. The city reserves the right, as the interest of the public may require, to ensure that:
1. The public rights-of-way have the capacity to accommodate the cable television system;
2. The proposed construction is consistent with the city’s present and future use of the public rights-of-way;
3. The benefit to the public from the construction of the cable television system outweighs the potential disruption to existing users of the public rights-of-way and the resultant inconvenience which may occur to the public, and may require the installation or construction of new cable facilities proposed by the franchisee to be constructed in arterial thoroughfares or to be installed in alternate public rights-of-way which are substantially comparable in terms of the expense to franchisee for installation or construction, and which provide distribution to all affected parcels of property that is equal or better to the requested installation route. The city shall give particular preference to the alternate installation location in cases in which the existing improvements to the public right-of-way would be affected by the proposed installation, or where the structural integrity of the surface of the right-of-way, or inconvenience to the public caused by the proposed installation cannot be mitigated through alternative means.
D. At least 24 hours prior to entering private property or easements adjacent to or on such private property to perform new plant construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted upon the affected property. A franchisee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices.
E. The notice requirements of subsection A of this section shall not apply for purposes of entry upon private property to perform repairs at the subscriber’s request or in the event of system outage repairs or other emergencies in which insufficient time is available to provide notice to subscribers.
F. After performance of work, a franchisee shall restore private property as nearly as possible to its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements on private property shall, at the sole expense of a franchisee, be promptly repaired and restored (including replacement of such items as shrubbery and fencing) to the reasonable satisfaction of the property owner.
G. In connection with the original installations of cable facilities, the franchisee shall locate the cable facilities in a manner which is compatible with the existing location of other utilities and within the right-of-way and in compliance with all applicable federal, state, and local laws. In all cases where practicable, the cable facilities shall be laid in those sections of the streets so as not to unnecessarily or unreasonably tear up the streets except where necessary and required to cross streets as determined by the franchisee and approved by the city, and shall be laid as to make cable available to all of the city customers along the affected street.
H. The franchisee shall at all times keep full and complete plans, plat or plats, specifications, profiles and records showing the location, and size of all the cable facilities constructed in the city. These records shall be subject to inspection at all reasonable times by the proper officials and agents of the city, and a copy of these plans, plat or plats, specifications, profiles, and records shall be furnished to the city within 10 days of request.
I. The franchisee will locate underground cable facilities within 48 hours upon request by the city by marking the location on the ground. The location of the underground cable facilities shall be identified by using orange spray paint. The marked location shall be within two feet of the actual location. (Ord. 1708 § 1, 1997).