As used in this Article, the following terms shall have the meanings
indicted:
DAMAGE
Includes but is not limited to the substantial weakening of structural
or lateral support of a utility line, penetration or destruction of any utility
line protective coating, housing or other protective device or the severance,
partial or complete, of any utility line.
DEMOLITION
The wrecking, razing, rending, moving or removing of any structure.
DESIGNEE
One who is designated for a specific purpose or duty.
EXCAVATION
An operation for the purpose of removal of earth, rock or other materials
in the ground, or otherwise disturbing the subsurface of the earth, by the
use of powered or mechanized equipment, including but not limited to digging,
blasting, auguring, backfilling, test boring, drilling, pile driving, grading,
plowing-in, hammering, pulling in, trenching and tunneling, excluding the
movement of earth by tools manipulated only by human or animal power and the
tilling of soil for agricultural purpose.
PERSON
An individual, partnership, corporation or association or public
utility, including a person engaged as a contractor by a public agency but
excluding a public agency.
PUBLIC AGENCY
The state or any political subdivision thereof, including any governmental
agency.
PUBLIC UTILITY
The owner or operator of underground facilities for furnishing electric,
gas, liquid, telephone, telegraph, pipeline, (excluding storm drains), sewage,
water, community television antenna, steam or traffic signal service, including
a municipal or other public owner or operator.
TEST PITS
Suitable excavation by hand or machine at designated areas for determination
of the exact location of underground utilities facilities.
No person, public agency or public utility will engage in excavation
or discharge explosives or demolish a structure containing a public utility
facility without having first ascertained in the manner prescribed in this
Article the location of all underground facilities of public utilities in
the area or the absence thereof and in addition thereto, must obtain a permit
from the Director of Public Works for such work.
In situations requiring a public utility to be present at the scene
for unscheduled discharging of explosives, the person shall give the designee
of the Director of Public Works four hours notice, and the public utility
shall respond within four hours of receipt of such notice.
Upon receiving the information provided for in §
198-10, a person, public utility or public agency excavating, tunneling or discharging explosives shall exercise reasonable care when working in close proximity to the underground facilities of any public utility. When the facilities are to be exposed, only hand digging immediately adjacent to the utility shall be employed and such support, as may be reasonably necessary for the protection of the facilities, shall be provided in and near the work area.
When any contact with or damage to any pipe, cable or its protective
coating or any other underground facility of a public utility occurs, the
public utility shall be notified immediately by the person or public agency
responsible for the operation causing the damage. Upon receiving the notice,
the public utility shall dispatch personnel to the location immediately to
effect temporary or permanent repair of the damage. If a serious electrical
short is occurring or if dangerous fluids or gases are escaping from a broken
line, the person or public agency responsible for the operations causing the
damage shall evacuate the immediate area while awaiting the arrival of the
public utility personnel.
This Article shall not be construed to authorize, affect or impair local
ordinances, charters or other provisions of law requiring permits to be obtained
before excavating or tunneling in a public street or highway or to construct
or demolish buildings or other structures on private property nor construed
to grant any person or public agency any rights not specifically provided
by this Article. A permit issued by a public agency shall not be deemed to
relieve a person from the responsibility for complying with the provisions
of this Article. The failure of any person who has been granted a permit to
comply with the provisions of this Article shall not be deemed to impose any
liability upon the public agency issuing the permit. This Article shall not
preclude establishment of working agreements between public utilities and
contractor associations to accomplish the intent and purpose of this Article.
The Department of Public Works shall have the power to enforce the provisions
of this Article. Any disagreement between a public utility, public agency
or a person shall be referred to the Municipal Court whose order shall be
binding upon the parties.
The Director of Public Works or his or her designee shall not be held
liable for any loss or damage to the property of any public utility due to
failure of the Director of Public Works or his or her designee to notify such
public utility of any proposed work or for the failure of any utility to properly
mark its facilities.
[Amended 7-25-1996 by Ord. No. 2420]
Any person who violates §§
198-8,
198-9,
198-11,
198-12 and
198-13 of this Article shall be subject to the following penalties: $200 for the first violation and $500 for each such violation thereafter. Actions to recover the penalty provided for in this section shall be brought by the City Solicitor. Any person who violates any other provision of this Article shall be subject to a penalty of not less than $200 for each violation. All penalties recovered in any such actions shall be paid into the City general fund. This Article does not affect any civil remedies for personal injury or property damage (including underground facilities) except as otherwise specifically provided for in this article.