Morro Bay Municipal Code Ch. 13.18 Equipment or Facilities in Rights-of-Way

A. The construction, operation, maintenance, or repair of equipment or facilities in the public rights-of-way shall be performed in compliance with all laws, practices, rules and regulations affecting such equipment or facilities. This shall include, but not be limited to, applicable zoning and safety codes, construction standards, drawings and specifications, and rules and regulations for the provision of notice to persons that may be affected by the construction of such equipment or facilities, and such directives governing the time, place and manner in which such equipment or facilities may be installed or constructed in the public rights-of-way. Any person, utility, or public utility engaged in the construction, operation, maintenance, or repair of equipment or facilities in the public rights-of-way or on public or private property shall exercise reasonable care in the performance of all of its activities and shall use commonly accepted methods and devices for the prevention of failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.

B. Any public rights-of-way or public or private property that is disturbed or damaged during the construction, operation, maintenance, or repair of facilities permitted under Title 13 by or on behalf of a permittee shall be promptly repaired by that permittee at its cost and expense. Any public or private property and any public rights-of-way shall be restored to the satisfaction of the owner thereof or to its original condition existing before the occurrence of any disturbance or damage or to a condition that does not constitute a threat to the general health, safety, or welfare of the public or safe condition of property.

C. A person, utility, or public utility with equipment or facilities located in the public rights-of-way shall, by a time specified by the director of public works/city engineer, protect, support, temporarily disconnect, relocate, or remove any of its equipment or facilities when such action is required by the city in the exercise of its governmental or proprietary powers by reason of traffic conditions, public safety, rights-of-way construction, or repair, including, but not limited to, re-grading, re-surfacing, or widening thereof, street vacation, construction, installation, or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other similar system or utility, public works, public facility, or improvement, or for any other purpose where the work would be aided by the removal or relocation of the equipment or facilities of that person, utility, or public utility.

1. The city engineer shall provide notice, describing the location of the facilities to be constructed, at least one week prior to the date and time by which a person, utility, or public utility must protect, support, temporarily disconnect, relocate, or remove its facilities.

2. During an emergency, or in the event the equipment or facilities of a person, utility, or public utility in the public rights-of-way create or contribute to an imminent threat or danger to person or property, the city may protect, support, temporarily disconnect, remove, or relocate any such equipment or facilities without prior notice, and charge the owner thereof for costs incurred.

D. To accommodate the construction, operation, maintenance, or repair of facilities of another person, utility, or public utility authorized to use the public rights-of-way or public property, a permittee shall, by a time specified by such person, utility, or public utility, protect, support, temporarily disconnect, relocate, or remove its equipment or facilities. The permittee must be given notice describing the proposed location of the construction, operation, maintenance, or repair work no less than fifteen days prior to the date by which such work must be completed. The city engineer at the request of those affected may resolve disputes concerning the responsibility for costs associated with the removal or relocation of equipment or facilities among the entities authorized to construct in the public rights-of-way or on public property if the entities are unable to reach a resolution.

E. A permittee shall, at the request of any person, utility, or public utility holding a valid permit issued by a government authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A permittee shall be given no less than seven days' advance notice to arrange for such temporary wire changes. The expense of such temporary removal or the raising or lowering of wires shall be paid by the person, utility, or public utility requesting the same.

F. A permittee shall remove its facilities in the public rights-of-way that it intends to abandon within ninety days after it gives notice to the city of its intention to abandon. If within such ninety-day period the city determines that the safety, appearance, function, or use of the public rights-of-way or the facilities will be adversely affected, the permittee may abandon its facilities after receipt of notice from the city. A permittee that abandons its facilities must, upon request, transfer ownership of the facilities to the city at no cost, and execute necessary quitclaim deeds and indemnify and hold harmless the city against future costs associated with the mitigation or elimination of any environmental hazard associated with such abandoned facilities.

G. A permittee that places facilities in an underground location shall be a member of the regional notification center for subsurface installations (underground services alert) as may be required by Section 4216 et seq. of the California Government Code. The permittee shall field-mark the locations of its underground facilities upon request and without cost to the city.

(Ord. No. 540, 5-27-08)