(A) All construction shall be performed in a manner consistent with high industry standards. Persons engaged in the construction of utility systems shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury or nuisance to the public or to property.
(B) Upon order of the city, all work that does not comply with the terms of the construction permit, including the approved plans or specifications for or conditions upon the work or the requirements of this chapter or other applicable law, shall be removed. The permittee shall bear the cost of removal.
(C) Unless otherwise specified, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
(1) Whenever all existing utilities are located underground in an area in the city, a permittee who wishes to place its utility system in the same area (in whole or in part) must also locate its utility system underground, including facilities (such as drops) which cross private property.
(2) Whenever the owner of a pole within a public right-of-way locates or relocates the facilities on that pole underground within an area of the city, every operator of a utility system located within the same area shall concurrently relocate its facilities underground.
(3) Whenever the city opens a trench for the purpose of installing or relocating facilities, each operator of a utility system shall concurrently relocate its facilities underground. The city and each operator shall bear its own relocation costs.
(D) Nothing herein prohibits the city from requiring all utility systems to be placed underground in a particular area at any time, it being the intent that the number and extent of overhead facilities will, over time, be reduced and eventually, to the extent feasible, eliminated. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any street, alley, sidewalk or other public place to relocate the facilities at no cost to the city in the event that relocation is required by the city to accommodate a proper governmental use of the street, alley, sidewalk or other public place.
(E) The city may, for good cause shown, exempt a particular system or facility or group of facilities from the obligation to locate or relocate facilities underground where relocation is impractical or where the interests in protecting safety and avoiding visual blight can be protected in another manner.
(F) Any and all public rights-of-way, public property or private property that is disturbed or damaged during the construction of a utility system shall be promptly repaired by the operator of the utility system the construction of which disturbed or damaged the public rights-of-way, public property or private property. In such instances, public property and public rights-of-way must be restored to the satisfaction of the city or to a condition at least as good as before the disturbance or damage occurred.
(G) An operator shall comply with city ordinances concerning trees if and when it trims trees and shrubbery upon and overhanging streets and other public property. At the city's request, trimming shall be done under the supervision and direction of the city.
(H) Within forty-eight (48) hours after notice from the city, the operator of a utility system shall remove any graffiti on any part of its utility system, including, by way of example and not limitation, equipment cabinets. If the operator fails to do so, the city may remove the graffiti and bill the operator for the cost thereof.
(I) Construction work shall be publicized as the city may direct from time to time. The publication of work may be used to notify the public and operators of utility systems and in order to minimize inconvenience and disruption to the public.
(J) The city may from time to time, when the city receives application for a construction permit to use a particular route, designate by published order a route or proposed route for installation of utility facilities and may:
(1) Require all persons who wish to install underground facilities along that route or any part thereof to install them during a specified period; and
(2) Otherwise prohibit installation of such facilities along the route or any part thereof for six (6) months or after such other, longer period as is necessary to protect the public. In publishing an order, the city shall provide at least thirty (30) days' notice of the need to install facilities along the specified route or any part thereof during the specified time period.
(Ord. 2003-08, passed 3-17-03)