§ 1004-2.804. Removal or abandonment.

(a)

Application to Abandon. Within sixty days after a franchise expires, is revoked or is terminated, or the use of all or a portion of the franchise property has been permanently discontinued, the grantee shall submit a written application to the road commissioner for a permit to: (1) abandon all or a portion of the franchise property in place; or (2) remove all or a portion of the franchise property. The application must describe the franchise property to be abandoned or removed and its location, and must describe with reasonable accuracy the physical condition of the franchise property. The road commissioner will establish conditions for the proposed abandonment or removal and issue a permit. Within ninety days after obtaining a permit, the grantee shall commence and complete the work authorized by the permit.

(b)

Determination. The road commissioner, in his or her sole discretion, shall determine whether the abandonment in place or removal that is proposed may be effected without detriment to the public interest and under what conditions a proposed abandonment or removal may be safely effected. The road commissioner shall then notify the grantee of the determination. The grantee shall pay to the county the cost of all tests required to determine whether the franchise facilities will be abandoned in place or removed.

(c)

Permit Application. Within forty-five days after receipt of notice, the grantee shall apply for a permit from the public works department to abandon in place or remove all or a portion of the facilities and shall pay all fees and costs related to the abandonment. The permit shall contain conditions of abandonment or removal as may be prescribed by the road commissioner. The grantee shall comply with all permit conditions to the satisfaction of the road commissioner before the facilities shall be considered abandoned or removed. Until so abandoned or removed, fees applicable to the franchise and the removal or abandonment shall continue to accrue. Any abandonment in place shall be conditioned, in part, upon grantee's compliance with the provisions of subparagraphs (a) and (b) of this section.

(d)

Work. The grantee shall, within ninety days after obtaining an abandonment or removal permit, commence and diligently prosecute to completion the work authorized by the permit.

(e)

County Removal. If a grantee does not comply with all terms and conditions of abandonment in place or removal, then the county may remove, or cause to be removed, the facilities at the grantee's expense. The grantee shall pay to the county the cost of work plus the current rate of overhead being charged by the county for reimbursable work.

(f)

Abandonment or Removal. If a grantee fails to apply for a permit to remove or abandon franchise property within thirty days after the expiration, revocation or termination of a franchise, or within thirty days after the permanent discontinuance of the use of all or a portion of franchise property, the road commissioner will determine whether the facilities will be abandoned in place or removed and will notify the grantee of this determination.

(g)

Abandonment Fee. If a grantee applies for authority to abandon all or a portion of its facilities in place, and the board of supervisors authorizes abandonment in place of all or part of the facilities, the grantee, other than a grantee that uses its facilities to transport only potable water, shall pay to the county a fee established by resolution of the county. If the grantee has paid the abandonment fee and the county later requires removal of the abandoned facilities, the amount of any fee paid for abandonment shall be credited against grantee's cost of removal.

(h)

Cost Reimbursement. The grantee shall reimburse the county for all reasonable costs, staff time, administrative, legal, and consulting fees incurred by the county in preparing any reports, statements, studies, and other environmental review pursuant to CEQA for the abandonment or removal of any pipeline(s) and/or facilities.

(i)

Additional Orders. If any facilities to be abandoned in place are not abandoned in accordance with all prescribed conditions, the road commissioner may make additional appropriate orders, including an order that the grantee remove any or all of the facilities. The grantee shall comply with all additional orders.

(j)

Failure to Make Application. If, within sixty days after the expiration, revocation or termination of a franchise, or of the permanent discontinuance of the use of all or a portion of a grantee's facilities, the grantee fails or refuses to apply to abandon or remove the facilities, the road commissioner shall make the determination as to whether the facilities shall be abandoned in place or removed. The road commissioner shall then notify the grantee of the determination. The grantee shall thereafter comply with the provisions of Section 1004-2.802(c).

(k)

Continuing Removal Obligation. Any franchise property that is abandoned in place is subject to the condition that if, at any time after the effective date of an abandonment, the public works department determines that any portion of the abandoned property may interfere with any public project or create a hazardous environmental condition, the grantee or its successor in interest must immediately remove that portion of the property at the sole expense of the grantee or its successor in interest when directed to do so by the public works department, or pay the county for the full cost of the removal.

(Ord. No. 2013-19, § II, 8-13-13)