ORD 2002-35 UNDERGROUNDING OF OVERHEAD UTILITY WIRES
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ORDINANCE NO. 2002-35
AN ORDINANCE of the City of Bainbridge Isl. d, Washington,
relating to the undergrounding of overhead u .lity wires; and
adding a new Chapter 15.36 to the Bainbridge sland Municipal
Code.
WHEREAS, by Resolution No. 2002-13, the city counc I determined that the "system"
overhead power, communication and other utility wires on Eric sen A venue between Winslow
Way and Knechtel Way shall be placed underground as part of e Ericksen A venue pedestrian
and bicycle improvements project; and
WHEREAS, the city council desires to require the owners of property abutting
Ericksen A venue between Winslow Vf ay and Knechtel W y to place underground the
"service" utility wires on such property; and
WHEREAS, the city council desires to establish a gene at process for requiring owners
of property abutting a right-of-way in which system overhead p wer, communication and other
utility wires have been or are going to be placed undergroun to also place underground the
service utility wires on such property; now, therefore
THE CITY COUNCIL OF THE CITY 0 BAINBRIDGE ISLAND"
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 15.36 is added to the Ba nbridge Island Municipal Code
as follows:
15.36.010 Under grounding required.
In accordance with Section 15.36.020, and in an ar a provided for by city
council resolution, the owner of every building a d structure served by
underground power, telecommunication and utility wir s installed in a right-of-
way. shall, at the owner's cost and expense, (1 install the necessary
underground wires and related facilities to connect the nderground wires from
the connection point in the right-of-way to the buildi and structure, and (2)
remove all overhead wires and related facilities on or 0 er the owner's property
that were used to serve the building and structure. The ork shall be carried out
in accordance with the city building code and applicabl regulations.
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15.36.020 Notice - Commencement of work.
At least 45 days before the anticipated date of completi n of the undergrounding
in the right-of-way, the public works director shall send by first class mail to the
owner of each building ~d structure to be served by uch underground wires,
according to the records of the Kitsap County Assesso , a notice of the date of
completion and the requirements of Section 15.36.010. At least 14 days before
the overhead wires in the right-of-way are turned off, e public works director
shall send by first class mail to such owner, and attern to hand deliver once to
an occupant on the property, a notice of the date on wh ch the overhead wires in
the right-of-way will be turned off, which shall also b the date for completion
of the work required by Section 15.36.010. For purp ses of this chapter, the
term "public works director" shall include the director' designee.
15.36.030 Restoration -- Maintenance.
In performing the work, the owner shall restore to g od condition and repair
any pavement, curb, gutter, sidewalk, sewer line, wa r line and public utility
equipment and facilities disturbed or damaged in conn tion with the work, and
shall thereafter maintain, remove, move, or replace th underground wires and
related facilities on the owner's property at the reason ble request of the public
works director and in accordance with the city buil ing code and applicable
regulations.
15.36.040 Non-compliance.
If a property owner fails to commence or complete the ark required by Section
15.36.010 before the overhead wire in the right-of-wa is turned off, the public
works director may perform or complete the work wit city employees or third
parties, and the property owner shall reimburse the c ty for all such costs and
expenses within 30 days of receiving an .invoice. A delinquent invoice shall
incur interest at the rate of 12 % per annum. In the a ternative, and for not to
exceed 60 days, the public works director may autho ize temporary service to
the building or structure through overhead wires on th owner's property, at the
cost and expense of the property owner, if in the opi ion of the public works
director the temporary service is feasible and safe an the property owner has
shown good cause. The determination of the public wo ks director shall be final.
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Section 2. This ordinance shall take effect and be in force five days from and after
its passage, approval and publication as required by law.
PASSED by the City Council this 9th day of October, 2
APPROVED by the Mayor this 10m day of October, 200 ·
A TTEST/ A UTHENTICA TE:
.J;~~ (P /~~
.', . .. Kasper, City Clerk
APPROVED AS TO FORM:
Rod Kaseguma, City Attorney
FILED WITH THE CITY CLERK: September 11, 2002
PASSED BY THE CITY COUNCIL: I October 9, 002
PUBLISHED: October 16, 2002
EFFECTIVE DATE: October 21, 2002
ORDINANCE. NUMBER: 2002-35
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