(A) A registrant shall notify the Division by no later than noon the next business day, via website, facsimile or e-mail, of any event regarding its facilities already located within the right-of-way that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to an emergency. Within five (5) business days of the discovery of the emergency, the registrant shall have applied for any necessary permit and provided the Division with a written notification of said emergency, which notice shall include, at a minimum the time, date, location and extent of any excavation or other work performed. If the Division becomes aware of an emergency regarding a registrant's facilities, the Director will attempt to contact that registrant immediately.
(B) If the Division determines that the right-of-way associated with a surface cut has degraded or caved-in more than one-half (½) inches below grade, and within two (2) years after any surface cut, it shall notify the party or parties responsible for making the surface cut of this determination and:
(1) In the case of a clear and immediate danger or hazard to vehicular or pedestrian traffic, the city shall order the party or parties responsible to take immediate precautionary measures to direct vehicular or pedestrian traffic around and away from the degradation or cave-in. In addition, the city shall order the party or parties responsible to make all necessary corrections and repairs to cure the immediate danger or hazard within five (5) days and perform any additional work consistent with the issuance of any necessary permit.
(2) In all other cases of degradation or cave-in the city shall order the party or parties responsible to take immediate precautionary measures to direct vehicular or pedestrian traffic around and away from the degradation or cave-in, and shall order the party or parties responsible to make all necessary corrections and repairs within thirty (30) days.
(3) In the event the Division orders corrections or repairs and the party responsible fails to respond to reasonable deadlines set forth in said order, the Division shall cause the necessary corrections and repairs to be made, and shall submit a statement for the costs incurred by the city in making such corrections and repairs to the responsible party, which statement shall include an additional administrative fee not to exceed five hundred dollars ($500.00). In that event, and if the said statement of costs and fees is not paid by the said responsible party within forty-five (45) days, the Director shall suspend the issuance of all future permits to the said responsible party until such time as the said costs are paid.
(4) This section shall not be interpreted to preclude the city from taking any and all reasonable protective measures with respect to the right-of-way and the health and safety of the general public, including but not limited to blocking the general public's access to the area, temporarily repairing the right-of-way or removing any facility that constitutes an immediate health or safety concern. The city shall not undertake to repair or remove a facility unless all other reasonable methods of response to the emergency have been exercised.
(Ord. 2020-07, passed 6-8-20)