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A pipeline in which a leak is occurring is declared to be a nuisance as is also the presence upon the surface of any public street, alley, way, or other city property of water, oil, mud, or other substance emitted through such leak.
(Ord. 68-2-618 § 1 (part): prior code § 9.34.020)
Should a leak occur in any pipeline, the owner, possessor, or user of the pipeline shall immediately repair the leak and clean up all areas contaminated by the flow, discharge, or seepage of any substance emitted through the leak.
(Ord. 68-2-618 § 1 (part): prior code § 9.34.025)
A. The administrative officer is authorized and directed to cause to be repaired any pipeline leak if in his opinion such leak is resulting in or, if not repaired may result in, the flow, discharge, or seepage of any substance upon public property or the creation of a condition which is hazardous to life or property. For the purpose of making such repairs, or of determining the identity of the pipeline in which the leak exists, or of protecting life or property from hazards created by or likely to result from such leak, the administrative officer and any person authorized by him may enter upon private property without notice to the occupant or owner to control or shut off the flow of any pipeline located in the area in which the leak is occurring, and may cause such excavations to be made in or temporary dikes to be erected upon both public and private property as are reasonably necessary to minimize the hazard of injury to persons or damage to property.
B. For the purpose of carrying out the authority and duties delegated to the administrative officer under subsection A of this section, the administrative officer may assign city personnel to perform any work he is authorized to perform or he may engage the performance of such work on the city's behalf by an independent contractor.
(Ord. 68-2-618 § 1 (part): prior code §§ 9.34.030, 9.34.035)
If a leak occurs in any pipeline laid beneath the surface of the ground and it is not possible to immediately determine which of two or more pipelines is the source of the leak, each owner, possessor, or user of any pipeline which may be reasonably suspected as the source of the leak, shall take all reasonable steps to minimize the damage and the hazard the leak is causing or may cause if it is not promptly repaired; to ascertain whether the leak is occurring in a pipeline owned, possessed, or used by him; and to prevent further leakage. If he ascertains that the leak is occurring in a pipeline owned, controlled, or used by another, he is authorized, as the agent of the city, to make emergency repairs thereto for which he will be reimbursed by the city upon presentation of a proper claim for expenses reasonably and necessarily incurred therein.
(Ord. 68-2-618 § 1 (part): prior code § 9.34.040)
The owner, possessor, and user of any pipeline in which a leak occurs shall each be liable to the city for the amount of any expenses incurred by or on behalf of the city in locating and identifying the leaking pipeline, in protecting life and property from injury or damage by reason of such leak, and in repairing the leak and the damages caused thereby.
(Ord. 68-2-618 § 1 (part): prior code § 9.34.045)
Whenever the rearrangement or relocation of any pipeline shall be required by reason of a change of grade, the laying of any sewer, water, gas, or other pipeline, or conduit installed for a public service, or the making of any other public improvement, the owner of such pipeline shall, within sixty days after the date of written notice from the director of public works so to do, or as otherwise provided in any applicable franchise ordinance, rearrange or relocate the same to accommodate the public improvements to the satisfaction of the city with all costs and expenses to be paid by the owner. If the owner does not comply within the time period provided, the city may cause the work required to be done, and all costs and expenses incurred by the city in performing such work shall be paid for by the owner within thirty days of billing. The provisions of this section shall apply whether or not the pipeline is the subject of a franchise except to the extent set forth in the applicable franchise ordinance.
(Ord. 84-08-931 § 1)
The amount owing to the city by the owner, possessor, or user of any pipeline for expenses incurred by or on behalf of the city as authorized in this chapter may be fixed and specially assessed against any real property within the city of such owner, possessor, or user in the same manner as is provided in Chapter 8.12 with respect to expenses incurred by the city in the abatement of nuisances. Such assessment shall be collected at the same time and in the same manner as ordinary taxes of the city are collected and shall be subject to the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. The collection of such amount may also be enforced by an action against the responsible party or parties which shall be instituted by the city attorney upon the direction of the city council.
(Ord. 68-2-618 § 1 (part): prior code § 9.34.050)
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