Chapter 13.16
UNDERGROUND UTILITY FACILITIES

Sections:

13.16.010    Definitions.

13.16.020    Strict liability for damage to underground utility facilities.

13.16.030    Utility to provide locates.

13.16.040    Reimbursable costs.

13.16.050    Conflicts.

13.16.010 Definitions.

When used in this chapter, the following words and phrases shall have the meanings set forth in this section:

“Underground utility facility” means any conduit, pipe, tube, wire, cable, line, post, pole, tile, related or supporting structure which is located at or below surface grade.

“Underground utility locate” means a field marking on the surface by paint, dye, stakes or any other markings clearly visible at the time of placement which designates the horizontal course or location of the utility facility. When pipes, cables or tile are being located, the locate shall signify the center line of the pipe, cable or tile. All utility locates furnished pursuant to this chapter shall be deemed accurate if the depth of the utility facility is in accordance with city permits or as-built provided by the utility or other nationally recognized applicable standards in effect at the time of installation and the field marking provided by the utility is within twenty-four (24) inches horizontally of the centerline of the facility buried above four-foot depth and forty-eight (48) inches horizontally of the centerline of the facility buried below a four-foot depth.

“Utility” means a person, corporation or other entity which furnished service through, or a person who operates or owns a conduit pipe, tile, wire, cable or line for the following purposes:

1.    Petroleum and petroleum products;

2.    Electricity;

3.    Sanitary sewer;

4.    Communications;

5.    Water;

6.    Natural gas;

7.    Storm sewer. (Ord. 08-29 § 19, 2008; prior code § 17.03.010)

13.16.020 Strict liability for damage to underground utility facilities.

Every person who, without first obtaining an underground utility locate as defined in Section 13.16.010, damages an underground utility facility which was constructed under the terms and conditions of a permit or agreement issued by the city shall be strictly liable to the owner thereof for all costs incurred by the utility in repairing the damage or replacing the damaged portion of the underground utility facility. (Prior code § 17.03.020)

13.16.030 Utility to provide locates.

A utility called upon to furnish a locate shall, within six of the utility’s regular business hours after receipt of a request for locate service, commence to locate its utilities in the designated area and shall complete the service within a reasonable time. The utility providing a locate service may, at the utility’s option, require a representative of the person requesting such locate to be present at the locate site at an agreed upon time. If the request for the locate service encompasses excavation work which will require more than one day to complete, the person requesting the locate shall provide to the utility a schedule of the excavation work for which locate service is to be provided. (Prior code § 17.03.030)

13.16.040 Reimbursable costs.

The mayor of the city may require persons who damage municipal utility facilities to pay administrative overhead incurred by the city in the repair or replacement of damaged utilities, and to pay indirect costs associated with the repair, location, investigation, processing, legal fees and adjustment of claims against persons who damage utility facilities. (Prior code § 17.03.040)

13.16.050 Conflicts.

If any provision of this chapter is in conflict with any term, condition or specification of a utility permit approved by the city, the term, condition or specification of the utility permit shall prevail. (Prior code § 17.03.050)