(A) The permittee shall give reasonable notice to the owner or owners of public or privately owned utilities to ensure that the owner or owners of such utility or other property may locate, remove or protect the same.
(B) The permittee shall not interfere with any existing utility easement without the written consent of the Director of Public Works or his or her designee and the utility company or person owning the utility easement. If it becomes necessary to remove an existing utility, this shall be done by its owner. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless the permittee makes other arrangements with the person owning the utility. The permittee shall use every precaution to prevent harm or accident to property, pipes, conduits, poles, wires or other apparatuses which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across said work. If any of said pipes, conduits, poles, wires or other apparatuses are damaged, they shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee, and his or her bond shall be liable therefore. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking or damage of any water pipe, sewer, gas pipe, electric conduit or other utility, and such person and his or her bond shall be liable therefore.
(Prior Code, § K-5-7) Penalty, see § 151.999
Statutory reference:
Related provisions, see SDCL §§ 9-29-1, 9-45-1, 11-6-29 and 49-7A-2