2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4661 - Repair of underground lines, roads, easements and installations affected by works by instrumentalities or private or public service entities

It is hereby prohibited that any agency, public instrumentality or private or quasi-public entity may develop aerial cabling projects in areas in which there [are] underground lines. Provided, further, That any private or public service entity, agency or public instrumentality that, as a consequence of any construction work, improvement, project or power line installation work, aerial cabling, installation of power poles, installation of underground systems or services or of any other undertaking or work, breaks up to surfacing or curbing of the sidewalks, squares, boulevards, parks, or sidewalks, or removes the pavement of streets or lots in any municipally owned road, facility or easement, or removes the underground lines installed by the municipality or the agency or other entity or public or private corporation, shall restore the same to its former state before the construction, improvement, project or installation in question was initiated within five (5) days following the completion of the works.
When the private, quasi-public or public service agency or instrumentality fails to comply with the above provision, the municipality may require it to restore the public road or facility or easement, or the removed underground lines within a term of not more than two (2) days after receiving said notice according to the acknowledgement of receipt thereof. The following shall be included with the notification:
(a) A sworn statement or declaration from at least one person stating that on the date indicated in the notification, an employee, agent or contractor of the private, quasi-public or public service entity, agency or instrumentality in question was carrying out work on the public road or facility, public easement or underground installation whose restoration or repair is being required.
(b) A certification by the Director of Municipal Public Works that the underground installation, public road or facility has not been repaired or restored to the state in which it was prior to the work by the private or quasi-public entity in question.
(c) A warning that if the municipal underground installation, public road or facility or easement is not repaired or restored within the above-mentioned period, the municipality shall proceed to do so chargeable to any monies it has to pay or apportion to the entity, agency or public instrumentality, or shall claim the payment of an amount equal to the sum of the construction excise tax corresponding to the works, improvements, project or installation work as compensation for the damages and inconveniences caused to the municipal government and the citizens.
The municipalities shall be authorized to regulate the use, occupation and intervention of their easements, as said term is defined in this subtitle, including but not limited to the imposition of fees for licenses, rights of use, occupation and intervention.
History —Aug. 30, 1991, No. 81, § 14.011; Sept. 7, 2004, No. 258, § 36.