§ 16.38.400. Defective facilities in highways—Repair requirements and costs.

If any portion of any highway shall be damaged by reason of defective facilities laid or constructed under the franchise, the grantee shall, at its own expense, repair any such defect and put such highway in as good condition as it was before such damage was incurred, to the satisfaction of the road commissioner. If the grantee, within 10 days after receipt of written notice from the road commissioner instructing it to repair such damage, fails to commence to comply with such instructions, or, thereafter, fails diligently to prosecute such work to completion, then the road commissioner immediately may do whatever work is necessary to carry out said instructions at the cost and expense of the grantee, which cost and expense, by the acceptance of the franchise, the grantee agrees to pay upon demand. If such damage constitutes an immediate danger to public health or safety requiring the immediate repair thereof, the road commissioner, without notice, may repair such damage and the grantee agrees to pay the reasonable costs thereof upon demand.

(Ord. 7468 Art. 1 § 146, 1959.)