No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided for in this section.
(1) A backflow prevention assembly required by the city may be installed upon or within the city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, installing it in the right-of-way will not interfere with traffic or utilities, and he or she obtains a permit from the city. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to installation.
(2) All permits and inspections required by the city code to perform work in the right-of-way shall be obtained.
(3) The assembly shall be installed below or flush with the surrounding grade except when it is not practicable to install it in this manner. Any assembly or portion of an assembly, which extends aboveground, shall be located no closer than eighteen (18) inches to the face of the curb.
(4) The city shall not be liable for any damage done to or caused by an assembly installed in the right-of-way.
(5) A property owner shall, at the request of the city and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way when such relocation is necessary for street or utility construction repairs for purposes of public safety.
(6) A person commits an offense if he or she fails to relocate a backflow prevention assembly located in or upon any city right-of-way after receiving a written order from the city.
(Ord. 7-15-03-1, passed 7-15-03)