§ 90-14. Access.

(a)

As a condition of receiving city utility service, every property owner and utility customer shall grant the city the right to enter the premises for the purpose of providing city utility service and installing, reading, maintaining, repairing, inspecting and removing city utility equipment and facilities. A recorded utility easement shall not be required. Entrance on the premises for these purposes shall not be considered trespass.

(b)

If physical access to the meter or other city utility equipment or facility is not free and clear, the city shall have the right and authority to take any reasonable physical action to secure access and remove obstacles, including but not limited to, breaking any lock, removing any gate, removing a portion of any fence, and restraining any dog or animal that prevents, interferes with or otherwise impedes access to a meter. The city shall not be liable for damage to property as long as the city makes a reasonable effort to minimize damage.

(c)

Before the city takes physical action to remove obstacles, the city shall provide the property owner, and the customer (if different), with a minimum of ten days written notice, by regular mail, sent to the address listed on the water account, to provide access and remove all obstacles. However, in the event of an emergency and when necessary to protect the health, safety and welfare of the public or the customer, the city may immediately take all necessary physical action to remove obstacles to the meter or city utility equipment and facilities in order to make repairs or take necessary actions without providing notice or the opportunity to clear access.

(d)

Any reasonable expense incurred by the city in securing access to its water meter, equipment or facilities shall be the responsibility of the property owner, and if not paid within 30 days of written demand, may become a lien against the property until paid, in accordance with section 90-5.

(Ord. No. 4761-17, § 3, 2-12-2018)