(A) Without intending to affect or determine the legal relationship between a user and any third party, a user shall be liable for any property damage or destruction caused by the user, or by any contractor or subcontractor of the user, as a result of the user or any contractor or subcontractor of the user constructing in the right-of-way. A designated agent or representative of a user shall be available to the city’s Director of Public Works for contact purposes in the event of damage or destruction.
(B) A user shall notify the city’s Director of Public Works upon occurrence of any damage or destruction to any facility or other property owned or leased by a third party or by the city, in connection with construction occurring in the right-of-way, if such occurrence happens during a city business day. If the occurrence happens on a day other than a city business day, notification must be given by 9:00 a.m. on the first city business day following the occurrence.
(Ord. 131101, passed 11-23-2013) Penalty, see § 155.99