[Ord. No. 290 §§1
— 5, 6-6-1996]
A.
All
developers, builders, property owners, including, but not limited
to, corporations, individuals, or other legal entity(ies) who lay
or cause to be laid, any underground line, or facility which is not
otherwise detectible by the use of a "locator" or a "locating-type"
instrument, shall attach or cause to be attached to such underground
line or facility, a locator wire.
B.
The
"locator wire" referred to herein shall be of standard weight and
shall be sufficient to permit employees, agents, representatives or
assigns of the City of Rogersville to locate the underground facility
to which the locator wire is attached from the ground surface with
the use of standard locating equipment.
C.
Should
any developer, builder, property owner or other corporation, individual
or other legal entity fail to place or improperly place the locator
wire as referred to herein, the entity laying the line may be compelled
by appropriate City employees or officers to take appropriate action
to place the locator wire as provided for herein; or, in the alternative,
the City may choose to install the locator wire in the event the developer,
builder, property owner or other corporation or legal entity fails
to do so, and shall bill back to the entity any and all sums expended
by the City to install the locator wire. However, nothing in this
Section shall be construed to compel the City to install the locator
wire.
D.
"Appropriate action", as referred to under Subsection (C) hereof, may include compelling the person, persons, corporation or other entity to dig, excavate, re-build, re-construct or to do whatever is necessary to place the locator wire with the underground facility or line as contemplated under Subsection (A).
E.
The
City shall have all rights and remedies available in law or at equity
to collect all expenses and costs incurred by City from builder, developer,
property owner, corporation or other legal entity should City incur
expenses in connection with the enforcement of this Section. Should
the City be compelled to file an action to enforce the provisions
of this Section, in addition to other remedies described herein, the
City shall also recover costs and reasonable attorneys' fees incurred
in the enforcement of this Section.
[Ord. No. 687 §§1
— 2, 5-17-2010]
