Hudson proposes stronger right‑of‑way rules, $50,000 security fund and escalated penalties for utility work

City staff and the city solicitor’s office presented a revision to Codified Ordinance Chapter 10.16 on Jan. 28 that expands the code’s coverage of public- and private-utility work in the public right-of-way and strengthens the city’s enforcement options.

Brad (staff) said changes “clarify all utilities” and define permit and emergency work procedures. The most significant enforcement tool is a proposed security fund requirement: a $50,000 deposit the city could draw on to repair or restore public ways if an outside agency fails to meet restoration standards. "That's probably the biggest number 1 change," Brad said.

Associate Attorney Seth Markham described a package of mechanisms in section 10.04 that would allow the city to require prompt repairs, schedule follow-up work when seasonal conditions prevent immediate restoration, and charge for city repairs if the utility does not comply. The revision also adds an escalator of penalties and explicit city authority to make repairs and back-bill utility providers.

Council members asked about implementation and whether other jurisdictions require similar security deposits; staff said many communities have the mechanism but enforcement and the deposit amount vary, and that implementing the requirement will take planning and a year of outreach to roughly 20 utilities in town. Several council members thanked staff for the work and said the stricter enforcement is a needed response to resident complaints about poor restorations after utility work.

What happens next: staff said they will refine the draft, address minor definition edits (electric was confirmed included in the utility definition), and return the ordinance for formal readings and adoption.