As used in this article, the following terms shall be defined
as herein set forth:
means to use explosives or a motor, engine, hydraulic or
pneumatically powered tool, or other machine-powered equipment of
any kind and includes auguring, backfilling, boring, compressing,
digging, ditching, drilling, dragging, grading, mechanical probing,
plowing-in, pulling-in, ripping, scraping, trenching, and tunneling
to remove or otherwise disturb soil.
means a person who excavates or intends to excavate in this
state.
(1983 Code, sec. 28-15(a); Ordinance 10178, sec. 1, adopted 8/26/1999)
Any excavator shall make a request for a utility locate not
more than fourteen (14) days and not less than forty-eight (48) hours
prior to the commencement of the proposed excavation. Such request
shall be made to the state one-call center. Such requests shall be
made by telephone or facsimile and shall include the date, location,
extent and reason for such proposed excavation. The state one-call
center shall notify the city of the one-call request..
(1983 Code, sec. 28-15(b); Ordinance 10178, sec. 1, adopted 8/26/1999)
The excavator performing the work shall mark the site of the
proposed excavation with white marking paint and/or flags prior to
making a request for utilities locates and actual excavation.
(1983 Code, sec. 28-15(c); Ordinance 10178, sec. 1, adopted 8/26/1999; Ordinance 2010-O0049, sec. 1,
adopted 6/24/2010)
Upon receipt of a request for a utility locate, the city shall locate and mark all (water and sewer) utilities in the proposed excavation area marked by the excavator in accordance with the provisions of section 22.09.002 of this article. The city shall mark the proposed excavation site with blue paint and/or flags for water lines and green paint and/or flags for sewer lines. The said markings shall be placed a distance of not less than five (5) feet in all directions from the outside boundary of the site to be excavated.
(1983 Code, sec. 28-15(d); Ordinance 10178, sec. 1, adopted 8/26/1999)
All excavation shall commence within fourteen (14) days of the
date upon which the city conducts the utility locate. In the event
that the excavator fails to commence work within fourteen (14) days
or the utility locate marks are not visible at the time the excavation
is scheduled to commence, the contractor is required to request a
new utility locate.
(1983 Code, sec. 28-15(e); Ordinance 10178, sec. 1, adopted 8/26/1999)
In the event that a utility is damaged or service is interrupted
as a result of an excavator’s failure to (1) request utility
locates and/or (2) properly mark their intended excavation site, the
utility affected shall charge the person, company, contractor or subcontractor
actual costs incurred to repair the utility’s transmission facility
(water and sewer) and to restore service. The charge(s) shall include
revenue lost as a result of the damage or service interruption.
(1983 Code, sec. 28-15(f); Ordinance 10178, sec. 1, adopted 8/26/1999)
In the event a dispute arises as the result of the billed damages,
the director of the affected utility or the designated representative
of the director will decide the actual amount to be charged.
(1983 Code, sec. 28-15(g); Ordinance 10178, sec. 1, adopted 8/26/1999)
If a dispute arises over the nature or amount of any charge,
the excavator may request a hearing by the city manager.
(1983 Code, sec. 28-15(h); Ordinance 10178, sec. 1, adopted 8/26/1999)
