(A) Noise, dust, debris, hours of work. Each agency, network provider, and public infrastructure contractor shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the agency, network provider, or public infrastructure contractor shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of 10:00 p.m. and 7:00 a.m., except with the written permission of the City Engineer, or in case of an emergency. Bore time is restricted to the following schedule: 7:00 a.m. to 4:00 p.m. Monday through Thursday, 7:00 a.m. to noon on Friday and no bore on Saturday and Sunday. Missiles are not considered directional boring and are not allowed unless otherwise approved by the city.
(B) Trash and construction materials.
(1) Each agency, network provider, and public infrastructure contractor shall maintain the work site so that:
(a) Trash and construction materials are contained so that they are not blown off of the construction site.
(b) Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard.
(c) Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the City Engineer.
(2) Agency, network provider, or public infrastructure contractor may only use approved trash haulers when working in the public rights-of-way.
(C) Deposit of dirt and material on roadways. Each agency, network provider, and public infrastructure contractor shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during construction, excavation, or work activity shall be cleaned of mud and debris prior to leaving any work site.
(D) Protection of trees and landscaping. Each agency, network provider, and public infrastructure contractor shall protect trees, landscape, and landscape features as required by the city and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete and in accordance with the performance warranty made the agency, network provider, or public infrastructure contractor under this chapter. All protective measures shall be provided at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or infrastructure contractor and its contractors and agents shall obtain written permission from the City Manager before trimming trees hanging over its facilities in the right-of-way. When directed by the City Manager, agency, network provider or infrastructure contractor shall trim under the supervision and direction of the Park's Director. The city shall not be liable for any damages, injuries, or claims arising from agency’s, network provider’s, or infrastructure contractor's actions under this section.
(E) Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surface unless specific precautions are taken to protect the surface. Agency, network provider, or public infrastructure contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the agency's, network providers, or public infrastructure contractor's performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warrantee(s).
(F) Protection of property. Each agency, network provider, and public infrastructure contractor shall protect from injury any public rights-of-way and adjoining property by providing adequate support and taking other necessary measures. Agency, network provider, or public infrastructure contractor shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public rights-of- way.
(G) Clean-up. As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the agency, network provider, or public infrastructure contractor. Agency, network provider, or public infrastructure contractor shall restore any disturbed area to its original condition or better. All restoration work must be completed within ten business days following the date of substantial completion of the work in the right-of-way. Such clean-up and restoration shall be subject to the sole, reasonable approval of the City Engineer.
(H) Vehicle parking. Each agency, network provider, and public infrastructure contractor shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted.
(I) Walkways. Each agency, network provider, and public infrastructure contractor shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk in conformance with this code.
(J) Graffiti abatement. As soon as practical, but not later than 14 calendar days from the date agency, network provider, or infrastructure contractor receives notice thereof, the agency, network provider or infrastructure contractor, shall remove all graffiti on any of its facilities located in the right-of-way. The foregoing shall not relieve the agency, network provider, or infrastructure contractor from complying with any city graffiti or visual blight ordinance or regulation.
(K) Signage. Agency, network provider, or infrastructure contractor shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the facility that is visible to the public. Signage required under this section shall not exceed four-inches by six-inches, unless otherwise required by law (e.g., RF ground notification signs) or the City Manager. Except as required by laws or by the utility pole owner, agency, network provider, or infrastructure contractor shall not post any other signage or advertising on the facilities or poles.
(L) Ownership. No part of any facilities placed on the right-of-way pursuant to this chapter will become or be considered by the city as being affixed to or a part of, the right-of-way, except for facilities accepted as city facilities by the City Engineer in writing. All other facilities placed in the right-of-way pursuant to this chapter will be and remain the property of the agency or network provider and may be removed by the agency or network provider at any time, provided the agency or network provider shall obtain permits or give notice as required by this chapter.
(M) Notification. Each agency, network provider, and public infrastructure contractor shall notify the Public Works Department 48 hours before undertaking any work in the right-of-way.
(Ord. O-23-978, passed 7-17-2023)