§ 28-204. Duties of persons making excavations or creating obstructions.

Any person who shall cause to be made any excavation or obstruction in any street or right-of-way may not remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of the excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation.

(1)

[Definition.] In this section, "obstruction" means any object or structure that blocks or impedes the construction or maintenance of public works, including private facilities that provide electricity, gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, video, water, or other services to customers; shrubbery or plants of any kind; and storage materials.

(2)

[Removal of obstruction.] If a person fails or refuses to shift, adjust, accommodate, or remove an obstruction after reasonable notice, the city may shift, adjust, accommodate, or remove the obstruction, and the city will charge the person having or maintaining the obstruction for the cost of performing the work.

(3)

Conflicts among right-of-way users. In case of a conflict among utilities as to placement of facilities in the public rights-of-way, the city shall have the authority to direct the resolution of such conflict. In such a resolution the city shall seek to accommodate the reasonable needs of each utility, as well as the public health, safety, welfare, and convenience, to the maximum extent possible.

(Ord. No. 2009-O-045, 4-6-09)