§ 78-387. Registrant's responsibility and liability.

(a)

The registrant shall not in any way displace, damage, or destroy any facilities, including, but not limited to, water main, sewer line, storm water facility, pipe, cable, conduit, fiber optic, or other pathway or any other facilities belonging to the city. The registrant shall immediately notify the city in the event that registrant caused any damage to city facilities. The registrant shall either repair such damage to the city's satisfaction or be liable to the city for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the city, and the registrant shall pay such costs upon demand.

(b)

In nonemergency circumstances, the city shall provide the registrant written notice of the repairs to be made. The registrant must apply for all applicable permits in accordance with the city's permitting guidelines. If such repairs are not performed in a reasonable and satisfactory manner within the 30 calendar days after receiving notice, the city may cause the repairs to be made at the registrant's expense, utilizing city employees or contractors, and charge any and all costs to registrant. The registrant shall reimbursement the city within 30 days after the submission of the bill by the city to the registrant.

(c)

In the case of an emergency, the registrant shall either immediately repair such damage to the city's satisfaction or be liable to the city for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the city, and the registrant shall pay such costs upon demand. When work is performed on an emergency basis, the registrant must still apply for all applicable permits by the following business day in accordance with the city's permitting guidelines. In the case of an emergency, the city may commence repairs without any prior notice to the registrant. The term "emergency" shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency, the city may cause the repairs to be made at the registrant's expense, utilizing city employees or contractors, and charge any and all costs to such registrant. The registrant shall reimburse the city within 30 days after the submission of the bill by the city to the registrant.

(d)

In all instances, the registrant shall restore all damaged property and indemnify the city from any and all damages caused by the registrant's work.

(e)

All installations and methods of work in the public rights-of-way shall be in accordance with the city's, and any applicable utility service provider's, minimum standards for materials, specifications and construction.

(Ord. No. 4774-18, § 2, 10-22-2018)