(A) No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities.
(B) All contractors must inform the city at least 48 hours prior to the commencement of work of their intention to work in an area or property where city sewer is located. A CONTRACTOR is defined as the owner, general contractor, subcontractor or any other person supplying labor or materials at the owner’s or owner’s agent’s request. The city shall inform the Superintendent in writing of any proposed work immediately.
(C) All contractors must request a locate of the city utilities at least 48 hours prior to the beginning of any construction, earth moving or excavating. Damage resulting from failure to request a locate prior to construction will result in a fine equal to ten times the gross cost of the repair including, but not limited to, labor, materials, engineering expenses, attorney’s fees, professional fees, city maintenance expenses, city administrative expenses and pumping expenses. Payment of the fees will not constitute a compromise or waiver of any future claims for negligence and the contractor shall pay all costs to the city associated with the repair work and shall be financially responsible and shall hold the city harmless against any future damage caused by faulty repair or use of defective materials or poor workmanship for a period of one year from the completion of the repair work.
(Ord. 401, 1st Series, passed - -2010) Penalty, see § 50.99