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12.16.140. Impact of excavation on existing improvements

            (1)        If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided.  Said temporary improvement shall be safe for travel and convenient for users, and consistent with City standards for such.

            (2)        Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.

            (3)        (a)        At any time a permittee disturbs the yard, residence, or the real or personal property of a private property owner or the City, such permittee shall insure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the excavation.

                        (b)        The costs associated with the disturbance and the return, replacement and/or restoration shall be borne by the permittee.  Further, a permittee shall reimburse a property owner or the City, for any actual damage caused by the permittee, its subcontractor, or its independent contractor, in connection with the disturbance of such property.  However, nothing in this Subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace, or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.

            (4)        Examples of types of acts specifically included in this Section are the following:

                        (a)        Removal of sod, lawn, shrubbery, flowers, trees, driveways, or fence, to install, trench, repair, replace, remove or locate, equipment, cable, or other appurtenances of the permittee;

                        (b)        Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering, or the like on the part of the permittee;

                        (c)        Temporarily relocating or moving a piece of personal property or a fixture of a private property owner (such as a motor vehicle, fence, air conditioning, heating unit, or the like) in order to perform some sort of construction, maintenance, or repair by the permittee; or

                        (d)        Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination, or non-renewal of the franchise.

            (5)        Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted.  When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the City Engineer prior to the blockage of the channel.

            (6)        The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employee to perform the tasks pursuant to the permit.

            (7)        The requirements of this Section shall not apply to the removal by a permittee, of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the City granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the County Recorder.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-63, Enacted, 11/6/1997

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