(A) Prohibition. There shall be no excavation in newly paved or resurfaced streets by anyone, including the departments of the City of Shady Cove, for a period of five years from the date of such paving or resurfacing.
(B) Notification of utilities and city departments. At least 90 days before any streets are paved or resurfaced, the City Administrator shall give notice of such plans to any utility company or department of the city that has requested of him to be so notified.
(C) Notification of property owners; accommodations for anticipated development.
(1) At least 90 days before any streets are paved or resurfaced, the City Administrator or his/her designee will give notice to affected property owners to determine if they plan to develop or redevelop in a manner that would require street excavation within the five-year period. The planner will advise on whether or not the anticipated development is feasible.
(2) As such cases are found and at the discretion of city staff, the locations of potential utility stub-outs or curb cuts will be determined as best as possible and included in the paving or resurfacing project.
(3) The cost of these accommodations will be payable by the benefitting property owner either immediately or by the attachment of a lien on the property.
(D) Waiver. The City Council may permit excavation within the five-year period if in its judgment the reason for the excavation was not reasonably foreseeable to the utility or department of the city involved at the time the street was newly paved or resurfaced. In the event a waiver is granted, the restoration of the excavated portion will be done in
accordance with current City Standard Details and be approved by the City Administrator. Where an emergency involving the public health or safety require immediate excavation, the City Administrator may permit such excavation, and fully report to the City Council at its next Council meeting.
(E) Distribution of departments. The City Administrator is hereby directed to furnish a copy of this section to each department of the City of Shady Cove and to each public utility or similar agency that does business in the City of Shady Cove.
(F) Penalty. Any person, firm or corporation found guilty of violating the provisions of this section shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 60 days, or both such fine and imprisonment, plus the cost of resurfacing.
(Ord. 290, passed 1-3-2019)