§ 95.48 MAINTENANCE AND EMERGENCY MAINTENANCE.
   (A)   General. Facilities on, over, above, along, upon, under, across, or within rights-of-way are to be maintained by or for the owner thereof in a manner satisfactory to the city and at the owner's expense.
   (B)   Emergency maintenance procedures. Emergencies may justify noncompliance with normal procedures for securing a permit:
      (1)   If an emergency creates a hazard on the traveled portion of the right-of-way, the owner of any facility in the right-of-way shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way, including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will be permitted only when no other means of access to the facility is available;
      (2)   In an emergency, the owner of any facility in the rights-of-way of the city shall, as soon as possible, notify the Public Services Director or his or her duly authorized agent, of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, such owner will immediately notify the police and fire emergency dispatch service (Du-Comm) at the same time;
      (3)   In an emergency, the owner of any facility in the rights-of-way of the city shall use allmeans at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public.
   (C)   Emergency repairs. The owner of any facility in the rights-of-way of the city must file in writing with the city a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-13, passed 8-12-08)