Chapter 17.28 ENCROACHMENTS
Section 17.28.040 Public utility or service.
Irrespective of the issuance of any permit, as herein provided,
the city shall at all times be
authorized to install, construct, maintain and repair any public utility or service in, upon, through,
under, above or around any space, area or location included in any such permit without the
approval of or compensation to the holder of any such permit. In such event, the holder of any
such permit shall pay and reimburse the city for any and all cost of constructing, installing,
repairing or maintaining any public utility or service in, through, upon, over, above and around
the area or space provided in such permit, over and above the normal and regular expense of
installation, maintenance or repair of such public utilities or services, caused by the existence of
such encroachment or areaway, which amount over and above said regular expense shall be
determined and certified by the city engineer, and shall be controlling upon all concerned, and in
the absence of payment or refusal to pay same, the city manager shall have the right to forthwith
cancel any such permit, any provision of this chapter to the contrary notwithstanding, and shall
have the right to recover the cost of said construction from the permit holder. (Ord. 82/T-800).