Notwithstanding any other Section of this chapter, no building, accessory building, manufactured home, mobile home, garage, carport, kennel, sign, fence, or any other structure shall be built, constructed, erected, installed, kept, or used on, over, or under any express or implied utility easement or right-of-way that exists for public or utility purposes, including but not limited to electric easements, sewer easements, water easements, telephone easements, gas easements, drainage easements, streets, and rights-of-way, except:
(A) That property owners may, at their own risk, plant shrubbery or hedges not reaching over four feet in height at maturity or install fences on utility easement areas, the right being specifically reserved to the city to destroy such shrubbery, hedges or fences in the event that the city needs access to said utility easement for the purpose of which it was granted unless the property owner provides an alternate method of access through the owner’s property. If the alternate route of access is damaged or destroyed such alternate access route shall be restored by the city, at the city’s expense, by grading, sodding, seeding or mulching. Such action by the city shall be the limit of the city’s obligation to restore such alternate access route.
(B) In those instances where a surface driveway may be constructed across such utility easement in accord with any city ordinances governing construction of driveways, the lot owner assumes all responsibility to pay for repair and maintenance thereof, including but not limited to repair or replacement if the city undertakes any use of the utility easement allowed under the terms of the utility easement, and acknowledges the city’s right to make any use of the utility easement allowed under the terms of the utility easement without any responsibility to or the consent from such lot owner other than as is required by the terms of the utility easement.
(Ord. 2013-22, passed 11-25-2013)