§ 102-537. Utility easements.

Fences, shrubs and trees will not be permitted in utility easements except in accord with the following provisions:

(1)

When any utility meter is located within a fenced area, an unlocked, three-foot-wide access gate must be provided.

(2)

No walls, fences, or other structures, trees or shrubs shall be permitted in easements for drainage purposes if they impede the flow of the drainage system.

(3)

Applications for fence installation in easement areas must be accomplished by a drawing of the property showing the proposed location of the fence in relationship to the easement as well as existing fences on adjacent properties and the size of the fence and location of gates. The owner or contractor shall locate, or have located, all utilities prior to installation of fence. No permit shall be issued without approval of the mayor or designee where fences are to be constructed in easements.

(4)

Damage to city-owned utilities, such as water and sewer, during any fence installation shall be repaired by the city at the expense of the property owner, including any sodding that may be necessary.

(5)

The city may enter the easement area without prior notice to make such inspection, repairs and maintenance as is deemed necessary.

(6)

The city shall not be responsible for any damage to planting, shrubbery fences, etc., in easement areas, which may be damaged or removed in the course of work by the city or its employees.

(7)

In the event of replacement of plantings and fences, or repair to same, the cost shall be at the expense of the property owner.

(8)

No trees or shrubs of any kind may be planted within any public easement areas, except with the approval of the mayor or designee.

(9)

Should a maintenance emergency arise, if possible, the property owner will be advised that sections of the fence within an easement or right-of-way, or plantings and shrubbery, are to be removed.

(10)

Such removal shall be done by the owner at his own expense immediately upon notification.

(11)

If this work is not performed within a reasonable time to permit prompt handling of the emergency, the city shall remove such portions of the fence as may be required.

(12)

If permanent removal of a section of fence within an easement or right-of-way is requested by the city for good cause, such fence must be removed by the property owner within 30 days after notification or the city may remove the fence portions at the expense of the property owner.

(Code 1980 § 7-64; Ord. No. 2000-16, § 1(7-64), 5-29-2000; Ord. No. 2000-34, § 1(7-64), 11-20-2000)

Cross reference

Utilities, ch. 70.