(a) Map Requirements. Every person owning, using, controlling or having an interest in pipes, conduits, ducts, tunnels or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water, sewage, steam, oil, or any other material to or from the City or to or from its inhabitants, or for any other purposes, shall file with the Manager, within one (1) year after the adoption of this Article, a map or set of maps showing the location, size and description of such installations. Maps or sets of maps in existence at the time of passage of this Article may be submitted for record purposes. All installations subsequent to the passage of this Article shall be drawn to a scale of not less than on (1) inch to two hundred (200) feet.
(b) Abandoned Facilities.
(1) Whenever any pipe, conduit, duct, or tunnel or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandonment, file with the Manager a statement in writing, giving in detail the location of the structure so abandoned.
(2) If the owner shall refuse to remove such abandoned facilities, the City shall remove the abandoned facilities at the owner's expense. When the owner removes such facilities, the only fee charged by the City shall be for the cost of inspection plus fifteen percent (15%), as provided by Section 909.03(b)(2).
(c) Notices to Property Owners and Tenants. If, in the opinion of the Manager, the work to be undertaken by the permittee is such that it will affect the use of properties abutting or adjoining the project, he shall require the permittee to submit a list of the names and addresses of the owners and/or tenants of such properties. Upon receipt of such list, the City shall notify the affected property owners or tenants of the proposed work to be done.
(d) Notices to Police and Fire Departments. The Manager shall notify the City Police and Fire Departments of any street opening or excavation permit he grants which affects the flow of traffic in streets and alleys within the City. Such notification shall state the nature of the work to be done and the location of such project. He shall also notify the Police and Fire Departments when any openings or excavations have been closed, permitting traffic to flow thereon.
(e) Location of New Lines. Whenever feasible, new underground pipes, lines, or conduits shall be laid under sidewalks rather than under streets. The Manager shall have the power to designate such location, subject to appeal to the Martinsburg City Council. The Council's decision shall be final.
(f) Liability of City. This Article shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance for and excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work. (Ord. 95-02. Passed 2-9-95.)