16.28.150 Removal of obstructions—Drainage.
A. The term obstruction as used in this section means any interference with the free use of the road right-of-way of whatever kind or nature and shall include, but shall not be limited to, structures, electrical power, telephone or cable television poles, lines and appurtenances, pipe lines, conduits and canals. Obstructions shall be relocated and/or removed as provided below. This shall include, but is not limited to, the quitclaim or subordination of rights to the city by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of the road right-of-way or alternative arrangement acceptable to the city engineer.
1. All obstructions shall be removed from the streets, roadways or rights-of-way dedicated in the final map of a subdivision or which are deeded to the city in connection therewith which in the determination of the city engineer interfere with the use thereof or constitute a dangerous or hazardous condition to the traveling public.
2. All obstructions shall be removed which are located within existing county, state, or city streets or roadways lying immediately adjacent to streets, roadways or rights-of-way which are dedicated in the final subdivision map or which are deeded by the subdivider to the city in connection therewith and which obstructions, in the determination of the city engineer, interfere with the use of said existing county, state or city streets or roadways, or constitute a dangerous or hazardous condition to the traveling public.
3. Said obstructions shall be relocated without expense to the city to such locations as shall be specified by the city engineer or in the approved plans and profiles for the subdivision.
4. It shall be the responsibility of the subdivider to contact the utility companies, including cable television companies, or other owners of said obstructions to advise them of proposed improvements, and make direct arrangements for the relocation of and compensation for the cost of relocating any conflicting obstructions. Evidence of such completed arrangements shall be presented by the subdivider to the city engineer prior to the final approval of the subdivision plans by the city.
B. Final acceptance of the tract shall be contingent upon the subdivider providing within and/or outside the tract, drainage disposal facilities, methods or easements as required to receive or dispose of storm water. Said facilities, methods, or easements shall be subject to the approval of the city engineer. Unless diversion of water is required to conform to a comprehensive drainage plan, off-site water shall be allowed to flow through the tract and shall be received and discharged at the locations which existed prior to development and as nearly as possible in the manner which existed prior to development. (Ord. 3515 § 1, 1993)