For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENCROACHMENT. Includes the following:
(1) Going over, upon, under, or cutting, excavating, boring, opening, or otherwise disrupting the surface of any public street, sidewalk, or any area within the publicly dedicated right-of-way under the ownership and/or maintenance of the city in such a manner as to prevent, obstruct or interfere with its normal use.
(2) Constructing or placing additional access points on any city right-of-way.
(3) Erecting signs in or extending over a public right-of-way.
PARTICIPATE. Shall refer to a utility company, utility contractor, or contractor hired or working on behalf of a private property owner which assesses and repairs or replaces underground lines, pipes, conduit, wires, cables or other objects, at the time when the street, curb, or sidewalk, is excavated or opened.
PERSON. Shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
PERSON IN CONTROL. When referring to a utility company, shall include (i) any persons who perform the work involving the encroachment into the surface, sub-grade, or other portion of any city street, curb or sidewalk; (ii), any person who has the right or ability to supervise, control or direct any person described in paragraph (i), and (iii) shall include any officers of the utility company involved in contracting for such work to occur.
RECONSTRUCTION. The full and complete construction, including complete excavation and replacement of sub-grade, base, under-drains, drainage blankets, surface, curbs, and other street components, consistent with the specifications set forth in City of Villa Hills Typical Detail No 1, 2, 3, 4 and 5 as applicable, which Details are attached to Ord. 2016-2 and incorporated herein by reference.
RESTORATION. Returning a portion of street or street segment, to its condition, as that condition existed prior to any work being performed consistent with the specifications set forth in City of Villa Hills Typical Detail No. 4, 5, 6, 7, 8 and 9, as applicable, which Details are attached to Ord. 2016-2 and incorporated herein by reference.
STREET SEGMENT. In the case of any reconstruction, the area of the street required to be Reconstructed as depicted in City of Villa Hills Typical Detail No. 2, 3, and 5, as applicable, which Details are attached to Ord. 2016-2 and incorporated herein by reference.
UTILITY COMPANY. An entity which provides an essential commodity or service, including, without limitation, water, sewage, electricity, gas or natural gas, transportation, cable, data or communication, to the public, as well as any contractor performing work on behalf of, or under contract with, such company. The term utility company shall include, but not be limited to, Cincinnati Bell, Time Warner Cable, Duke Energy, Sanitation District #1 of Northern Kentucky, and the Northern Kentucky Water District. For the purposes of this chapter, any private contractor hired by a private property owner, or working on behalf of a private property owner, performing reconstruction or restoration work as defined herein shall be considered a utility contractor including, but not limited to contractors hired to repair or replace sewer line laterals or water lines that extend into the public right-of-way.
(Ord. 2016-2, passed 2-17-2016)