Chapter 12.20 — PIPELINES IN OR NEAR STREETS

Sections:

• 12.20.010 Pipeline defined.
• 12.20.020 Maintenance.
• 12.20.030 Leaks – Nuisance declared.
• 12.20.040 Leaks – Repair.
• 12.20.050 Leaks – Emergency powers of administrative officer.
• 12.20.060 Leaks – Unidentified pipelines.
• 12.20.070 Leaks – Liability of pipeline owner.
• 12.20.080 Enforcement of collection.
• 12.20.090 Effect of provisions on franchises.
• 12.20.100 Penalty for violation.

For the purposes of this chapter, "pipeline" means any pipe laid beneath, upon, or above the surface of the ground in or near a public street, alley, or way within the city which is used or is intended to be used for the conveyance of any liquid or gaseous substance from one location to another. (Ord. 68-2-618 § 1 (part): prior code § 9.34.010)

Every person who owns, possesses, or uses a pipeline shall at all times keep and maintain such pipeline in good condition of repair with the object of preventing the occurrence of leaks and other conditions potentially hazardous to life or property. (Ord. 68-2-618 § 1 (part): prior code § 9.34.015)

A pipeline in which a leak is occurring is declared to be a nuisance as is also the presence upon the surface of any public street, alley, way, or other city property of water, oil, mud, or other substance emitted through such leak. (Ord. 68-2-618 § 1 (part): prior code § 9.34.020)

Should a leak occur in any pipeline, the owner, possessor, or user of the pipeline shall immediately repair the leak and clean up all areas contaminated by the flow, discharge, or seepage of any substance emitted through the leak. (Ord. 68-2-618 § 1 (part): prior code § 9.34.025)

A. The administrative officer is authorized and directed to cause to be repaired any pipeline leak if in his opinion such leak is resulting in or, if not repaired may result in, the flow, discharge, or seepage of any substance upon public property or the creation of a condition which is hazardous to life or property. For the purpose of making such repairs, or of determining the identity of the pipeline in which the leak exists, or of protecting life or property from hazards created by or likely to result

from such leak, the administrative officer and any person authorized by him may enter upon private property without notice to the occupant or owner to control or shut off the flow of any pipeline located in the area in which the leak is occurring, and may cause such excavations to be made in or temporary dikes to be erected upon both public and private property as are reasonably necessary to minimize the hazard of injury to persons or damage to property. B. For the purpose of carrying out the authority and duties delegated to the administrative officer under subsection A of this section, the administrative officer may assign city personnel to perform any work he is authorized to perform or he may engage the performance of such work on the city's behalf by an independent contractor. (Ord. 68-2-618 § 1 (part): prior code §§ 9.34.030, 9.34.035)

If a leak occurs in any pipeline laid beneath the surface of the ground and it is not possible to immediately determine which of two or more pipelines is the source of the leak, each owner, possessor, or user of any pipeline which may be reasonably suspected as the source of the leak, shall take all reasonable steps to minimize the damage and the hazard the leak is causing or may cause if it is not promptly repaired; to ascertain whether the leak is occurring in a pipeline owned, possessed, or used by him; and to prevent further leakage. If he ascertains that the leak is occurring in a pipeline owned, controlled, or used by another, he is authorized, as the agent of the city, to make emergency repairs thereto for which he will be reimbursed by the city upon presentation of a proper claim for expenses reasonably and necessarily incurred therein. (Ord. 68-2-618 § 1 (part): prior code § 9.34.040)

The owner, possessor, and user of any pipeline in which a leak occurs shall each be liable to the city for the amount of any expenses incurred by or on behalf of the city in locating and identifying the leaking pipeline, in protecting life and property from injury or damage by reason of such leak, and in repairing the leak and the damages caused thereby. (Ord. 68-2-618 § 1 (part): prior code § 9.34.045)

Whenever the rearrangement or relocation of any pipeline shall be required by reason of a change of grade, the laying of any sewer, water, gas, or other pipeline, or conduit installed for a public service, or the making of any other public improvement, the owner of such pipeline shall, within sixty days after the date of written notice from the director of public works so to do, or as otherwise provided in any applicable franchise ordinance, rearrange or relocate the same to accommodate the public improvements to the satisfaction of the city with all costs and expenses to be paid by the owner. If the owner does not comply within the time period provided, the city may cause the work required to be done, and all costs and expenses incurred by the city in performing such work shall be paid for by the owner within thirty days of billing. The provisions of this section shall apply whether or not the pipeline is the subject of a franchise except to the extent set forth in the applicable franchise ordinance. (Ord. 84-08-931 § 1)

The amount owing to the city by the owner, possessor, or user of any pipeline for expenses incurred by or on behalf of the city as authorized in this chapter may be fixed and specially assessed against any real property within the city of such owner, possessor, or user in the same manner as is provided in Chapter 8.12 with respect to expenses incurred by the city in the abatement of nuisances. Such assessment shall be collected at the same time and in the same manner as ordinary taxes of the city are collected and shall be subject to the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. The collection of such amount may also be enforced by an action against the responsible party or parties which shall be instituted by the city attorney upon the direction of the city council. (Ord. 68-2-618 § 1 (part): prior code § 9.34.050)

No action of the administrative officer undertaken pursuant to the provisions of this chapter shall relieve the holder of any franchise or permit authorizing the laying or maintaining of any pipeline in a public street, alley, or way from any liability or obligation imposed upon or assumed by such holder under the terms of such franchise or permit. Nor shall any such action in any way prejudice any right or remedy reserved or granted to the city under such franchise or permit. (Ord. 68-2-618 § 1 (part): prior code § 9.34.060)

It is unlawful for any person who, either in his own right or as the agent or employee of another, is in charge of or controls the use of any pipeline to fail to use reasonable care to keep and maintain such pipeline in good repair or to fail as promptly

as practicable to cause any leak or other defective condition of such pipeline of which he has notice to be repaired. Any violation of this section shall be a misdemeanor and shall be punishable as such. (Ord. 68-2-618 § 1 (part): prior code § 9.34.055)