§ 21-5. Utility easement accessibility.

(a) Easements or rights-of-way wherein lie water or wastewater mains, pumping stations, fire hydrants, manholes, meters, backflow preventers, or any other utility service device or component of the utility system must remain accessible to utilities department personnel or personnel of any firm contracted by the city in association with the operation and maintenance of the utility system and its various components. Operations shall include, but not be limited to, the installation and maintenance of system components, inspection and testing of backflow preventers, and monthly reading of water meters for billing purposes.

(b) Any obstruction such as fencing, landscaping, dumpsters, yard trash, etc. that is placed within an easement or right-of-way and which prevents or hinders the operation of the utility system shall be removed or relocated at the property owner s expense within thirty (30) days after notification to do so by the director of utilities. Failure to remove the obstruction within the allotted time period shall result in the utility customer residing at the property in question receiving a utility bill reflecting the highest monthly consumption during the previous twelve (12) month period.

(c) The city and its contractor shall be held harmless for any damage to private property resulting from an obstructed easement or right-of-way during emergency repair or normal operation of the system.

(d) Any repair of an obstruction located in an easement or right-of-way which is unavoidably damaged by the city or its contractor during emergency repair or normal operation of the system shall become the responsibility of the property owner.

(Ord. No. 96-06, § 1, 5-21-96)