6.22.350 Restoration of a Subscriber’s Property.
(1) At any time an MCS provider (in furtherance of its right to construct, operate, and maintain a multi-channel system), disturbs the yard, residence, or other real or personal property of a subscriber, such MCS provider shall ensure that the subscriber’s yard, residence, or other personal property is expeditiously returned, replaced, and/or restored to a condition that is substantially the same as existed prior to the commencement of work and shall in any event complete restoration within thirty (30) days of commencing construction. At least ten (10) days prior to commencing construction, the MCS provider shall notify adjacent property owners of their intent to commence construction in the area, shall document how such notice was provided, and shall provide franchising authority with proof of such notification upon request, and shall work with the property owner to place facilities in the locations the property owner requests, to the extent that such location is safe, does not materially increase the MCS provider’s construction cost or significantly delay construction.
(2) The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by the MCS provider. This Subsection also requires the MCS provider to reimburse a subscriber or private property owner, for any damage caused by the MCS provider, its subcontractor, or its independent contractor, in connection with the disturbance of a subscriber or private property owner’s property.
(3) The types of acts specifically included in this Section are the following:
(a) removal of a subscriber’s sod, lawn, plants, shrubbery, flowers, trees, driveway, or fence to install, trench, repair, replace, remove, or locate cable or other equipment of an MCS provider;
(b) installation or removal of cable or other equipment of MCS provider within a subscriber’s residence which requires drilling, excavating, plastering, or the like on the part of the MCS provider;
(c) temporarily relocating or moving a piece of personal property or a fixture of a subscriber (such as a motor vehicle, fence, air conditioning or heating unit, or the like), in order to perform some sort of construction, maintenance, or repair on the multi-channel system; or
(d) permanently removing an MCS provider’s cable or equipment due to either the revocation, termination, or non-renewal of a franchise (if applicable), or the abandonment, withdrawal, or cessation, of multi-channel service to any portion of the City.
(4) The requirements imposed upon the MCS provider extends to any subcontractor or independent contractor that the MCS provider might employ to perform the tasks outlined in this Section and if not otherwise already provided, the franchising authority may require the MCS provider or its construction agent to post a reasonable performance bond ensuring satisfactory completion of the work.
(5) In light of the foregoing, an MCS provider has the authority to trim trees of a private property owner (including a subscriber) only to the extent necessary to prevent the branches of the trees from coming in contact with the MCS provider’s wires and cables in the public right of way and subject to reasonable notice procedures. The MCS provider shall be responsible for clean-up when such trimming occurs.
(6) The MCS provider shall be permitted to charge persons who own, or are responsible for, such trees or natural growth for the cost of such trimming, provided that similar charges are assessed by and paid to the utilities or the franchising authority for tree trimming.
(7) The terms of this Section are limited to public rights-of-way. Nothing in this Section gives any MCS provider the right to enter private property without permission of the property owner.