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(1) Schedule and Limits of Lateral Structural Maintenance.

(a) The city shall determine the schedule for its mainline and/or lateral structural maintenance work in designated rehabilitation areas and may perform work with its crews or by contact according to that schedule. Nothing in this chapter shall require the city to modify its structural maintenance schedule or compensate property owners for structural maintenance work performed ahead of the city’s schedule.

(b) If when performing structural maintenance on a lateral, the city discovers that the condition, location, or material of the existing pipe is such that a structurally sound connection at the right-of-way line cannot be made without further repair or replacement on private property, the city shall make a temporary connection, document the nature of the defect, and secure the excavation area. The city shall provide written notice to the property owner of the existence of the defect and temporary connection. Unless the excavation area is a public safety hazard, the notice shall provide a time certain not less than five nor more than 10 days for the property owner to complete the required repair on private property. Upon expiration of such time, the city may backfill the excavation area. The city shall not be required to correct defects or perform lateral repair work on private property, nor shall it be responsible for any additional cost to the property owner due to failure to perform repairs within the time specified in the notice. (Ord. 380 § 1, 2004).