§ 32-121. Same—Liable for cost of damage due to construction.  


Latest version.
  • A utility shall be liable, at its own cost and expense, to replace, restore or repair, any street, facilities or property or structure thereon, thereunder, thereover or adjacent thereto that may become disturbed or damaged as a result of the construction or installation, operation, upgrade, repair or removal of facilities to a condition as good as or better than its condition before the work performed by the utility that caused such disturbance or damage. A utility that while performing construction or installation, operations, upgrades, repairs or removal of facilities and disturbs or damages as a result any street, facilities or property or structures thereon, thereunder, thereover or adjacent thereto must notify the city within ten working days by written notice of any such disturbance or damage. If the utility does not commence such replacement or repair after 20 working days following written notice from the city, the city or the owner of the affected structure or property may make such replacement or repair and the utility shall pay the reasonable and actual cost of the same.

( Ord. No. OA-2016-03 , § 1, 7-11-2016)