(a) No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided by this section.
(b) No encroachment agreement as required by the buildings chapter of the city code will be necessary, but all other permits required by the city code to perform work in the right-of-way shall be obtained.
(c) A backflow prevention assembly required by this division may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure and other requisites of the assembly prior to its installation.
(d) Any assembly or portion of an assembly which extends aboveground shall be located no closer than 18 inches to the face of the curb.
(e) A property owner shall, at the request of the city and at the owner’s sole expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety.
(f) A person commits an offense if the person installs or maintains a backflow prevention assembly in violation of this section.
(g) A person commits an offense if the person fails to relocate a backflow prevention assembly located in or upon any city right-of-way after receiving a written order from the city to do so.
(h) A backflow prevention assembly installed or maintained in city right-of-way in violation of this section or an order issued pursuant to this section is hereby declared to be a nuisance.
(Ord. 12274, § 1, passed 11-28-1995)