SEC. 11.33. ABANDONMENT.

(a) Notice of Abandonment. Within three (3) months of the effective date of this Section, all Grantees shall provide a map to the Department of Public Works, in a form approved by the City, showing the location of those Facilities located in the Public Rights-of-Way that have been abandoned by Grantee. The map shall include street names and shall show the size and type of the abandoned facilities. Thereafter, Grantees shall provide updated maps to the Department of Public Works at the end of each calendar quarter showing those Facilities in the Public Rights-of-Way abandoned by Grantee during the calendar quarter. For purposes of this Section, "abandon" and other similar terms mean that Facilities are no longer used by Grantee for any purpose authorized by a Franchise or by Section 7901 of the California Public Utilities Code.

(b) City Determination Regarding Abandonment. A director of a department may determine by department order that Facilities located in the Public Rights-of-Way, or any part thereof, have been abandoned. A Grantee shall promptly provide information to the Department, upon request, describing in detail the location and use of any Facilities under inquiry. Prior to the department director making an abandonment determination, the department shall provide Grantee written notice of its intent to deem the Grantee's Facilities abandoned. In the event the department cannot determine, after a good faith effort, the owner of the Facilities, notice shall be made by publication. A Grantee may appeal any department determination regarding abandonment by requesting an administrative hearing within ten (10) City business days of the effective date of such a determination, consistent with the provisions of Section 11.81 below.

(c) Treatment of Abandoned Facilities. In the event Grantee has notified the Department that it has abandoned any part of its Facilities, or the City's determination that Facilities have been abandoned has not been appealed pursuant to Section 11.81 below, at City's option, Grantee shall: (1) convey all or a portion of the abandoned Facilities to City at no cost; (2) leave all or a portion of the abandoned Facilities in place; or (3) promptly remove all or a portion of the abandoned Facilities and restore City Property as required by City, consistent with Section 11.18 above. In the event the City elects to have all or a portion of the Facilities conveyed to it, Grantee shall execute such documents of title in a form acceptable to the City Attorney as will convey to the City free and clear of liens and/or adverse claims of title all right, title, and interest in the abandoned Facilities, or any part thereof.

(d) Abandonment May Be a Material Breach. If a Grantee abandons a substantial portion of its Facilities so as to compromise the provision of Service under its Franchise, such abandonment may be a Material Breach of a Franchise.

(e) Liability. A Grantee shall assume all liability for abandoned Facilities unless and until title is conveyed to another Person consistent with any requirements of a Franchise or other Applicable Law or the City takes title to such Facilities pursuant to this Section.

(f) Expedited Abandonment Determination.

(1) Request For Determination. Notwithstanding the provisions of subsections (a) through (d) above, in the event that during an excavation a Person or City department discovers Facilities that appear to be abandoned and the Person or City department requests a determination of abandonment in order to: (1) avoid unnecessary excavation through use of the abandoned Facilities; (2) resolve an emergency situation, or (3) prevent significant delays or cost overruns on the excavation project, the Person or City department may request the Director of the Department of Public Works to issue an expedited abandonment determination.

(2) Abandonment Order. If demonstrated to be necessary to preserve the public health, safety and welfare, or for the public convenience and necessity, the Director of the Department of Public Works may issue an expedited abandonment determination in the form of a departmental order ("Order") and shall serve a copy of the Order by certified mail on the owner of the Facilities, or provide notice as set forth in subsection (4) below, if the owner is unknown. The Order shall set forth the City's proposed disposition of the Facilities.

(3) Appeal And Final Order. The owner of the Facilities shall have three (3) City business days from receipt of the Order to comply with or appeal the Order in writing on the basis that the Facilities are not abandoned. In the event of a request for appeal, the Department of Public Works shall hold an administrative hearing within five (5) City business days of the request. If no appeal is requested, the Order shall become final upon passage of the time for appeal and the City may dispose of the Facilities as set forth therein.

(4) Unknown Owner. In the event the owner of the Facilities cannot be readily identified, the Director of the Department of Public Works shall post the Order at the excavation site and shall serve a copy of the departmental Order by certified mail on the following Persons: (1) all utility excavators installing Facilities in the Public Rights-of-Way within the last three (3) years of the discovery of the Facilities; and (2) after reviewing excavation permits issued within the last three (3) years, all Persons the Department of Public Works has reason to believe may have an ownership interest in the Facilities.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)