5.21.050 Permits and construction.

(A) Except as expressly provided in this chapter, the provisions of Sections 5.20.130 and 5.20.140 shall apply to all work performed by or on behalf of a state franchise holder on any city public rights-of-way, public property, or city easement as those terms are defined in Chapter 5.20 of the American Canyon Municipal Code.

(B) Permits. Prior to commencing any work for which a permit is required by subsection A, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of the subsection and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, et seq. (the California Environmental Quality Act).

(C) The city manager or designee shall either approve or deny a state franchise holder's application for any permit required under subsection A of this section within sixty days of receiving a completed permit application from the state franchise holder.

(D) If the city manager or designee denies a state franchise holder's application for a permit, the city manager or designee shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.

(E) A state franchise holder that has been denied a permit by final decision of the city manager or designee may appeal the denial to the city council. Upon receiving a notice of appeal, the city council shall take one of the following actions:

(1) Affirm the action of the city manager or designee without any further hearing; or

(2) Refer the matter back to the city manager or designee for further review with or without instructions; or

(3) Set the matter for a de novo hearing before the city council.

(F) In rendering its decision on the appeal, the city council shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the city manager or designee unless the city council is itself conducting a public hearing on the matter.

(G) Notification to Residents Regarding Construction or Maintenance. Prior to any construction, rebuild, or upgrade of a cable or video system, a state franchise holder shall establish procedures to notify city residents in the impacted area of construction schedules and activities. Such notices must be provided in the predominant languages spoken by those persons who work and/or reside in the impacted area. The notices shall be provided to the city manager or designee for review and approval no later than twenty days before commencement of construction, rebuild, or upgrade activities.

(H) At a minimum, the notice required in subsection G shall be provided by the state franchise holder to impacted residents and occupants in the construction area not less than forty-eight hours prior to the planned construction. The state franchise holder shall provide additional notice to the persons described in subsection G on the day of construction. The notice may be in the form of door hangers that indicate, at a minimum, the dates and times of construction and the name and telephone number of a state franchise holder contact.

(I) The state franchise holder shall provide notice at least twenty days prior to entering private property or public ways or public easements adjacent to or on such private property, public ways, or public easements, and provide a second notice three days prior to entering such property.

(1) Should there be above ground or underground installations (excluding aerial cable lines utilizing existing poles and cable paths) which will affect the private property, such notice shall be in writing and shall contain specific information regarding any above ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths) which shall affect the private property.

(2) To the extent practicable, aboveground or underground equipment placed on private property shall be placed at the location requested by the property owner. A state franchise holder shall provide the private property owner with at least twenty days advance written notice of its plans to install such equipment, and shall obtain express written consent, in the form of a recorded easement agreement, from the private property owner before installing its appurtenances. The state franchise holder shall notify the property owner, in writing, that the property owner is not obligated to agree to the placement on their property or to enter into an easement agreement with the state franchise holder. Should property owner notify the state franchise holder of objection to placement of any such above-ground or underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), the state franchise holder shall confer with the city public works department regarding appropriate location and placement of such appurtenances.

(J) In addition to any other notice of proposed entry required under this subsection, a state franchise holder's personnel shall make a reasonable attempt to give personal notice to residents immediately preceding entry on private property or public ways or public easements adjacent to or on such private property.

(K) Identification Required. A state franchise holder, its employees, agents, contractors, and subcontractors shall be properly identified as agents of the state franchise holder prior to and during entry on private and public property. Identification shall include the name and telephone number of the state franchise holder on all trucks and vehicles used by installation personnel.

(L) Restoration of Private and Public Property. After performance of work, the state franchise holder shall restore such private and public property to a condition equal to or better than its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements upon private or public property shall, at the sole expense of the state franchise holder, be promptly repaired or restored (including replacement of such valuables as shrubbery and fencing) to the reasonable satisfaction of the property owner, in addition to the furnishing of camouflage plants on public property.

(M) Reports to the city clerk, city of American Canyon. Each state franchise holder, within sixty days after the expiration of each calendar year, shall file a report with the city clerk, city of American Canyon, which shall contain a street and highway map or maps of any convenient scale on which shall be plotted the location of the entire transmission and distribution system or systems covered by the report as of the last day of the calendar year, with the system or systems located in city highways indicated by distinctive coloration or symbols.