Chapter 12.45
PUBLIC RIGHTS-OF-WAY
Sections:
12.45.040 Permit procedure and requirements.
12.45.060 Permit restrictions.
12.45.070 Violation and penalty.
12.45.010 Purpose.
The public works department is responsible for all city public rights-of-way and public infrastructure. This includes any infrastructure, above and below ground, dedicated for public use. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.020 Definitions.
For purposes of this chapter:
A. “Encroachment” refers to a privately owned and maintained structure (such as a mailbox, trash receptacle, or other object) located in the right-of-way, and could impede or pose a safety threat to traffic or transit, except for trash receptacles during the day of trash pickup.
B. “Permittee” refers to the owner and/or contractor as named on the public works permit.
C. “Right-of-way” as used in this chapter means any highway, road, street, alley, lane, trail, sidewalk, access, or the cleared areas immediately adjacent and running parallel to such transit areas, other public way, or any beach, park, recreational facility or other similar facility owned and operated by the state of Oregon, Curry County, or the city of Brookings, and located within the corporate limits of the city of Brookings. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.030 Permit required.
A. Public Works Permit and Inspection. A public works permit and inspection are required for any construction, or construction-related activity, that takes place within a city public right-of-way, easement, and/or city-maintained facility.
B. Right-to-Use Permit. A right-to-use permit is required for any encroachment in the city public right-of-way. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.040 Permit procedure and requirements.
A. Permit applications shall be submitted to the city public works department. The application shall include a sketch or engineered plan as specified under BMC 18.05.003, and shall comply with all relevant conditions specified in BMC Title 18.
B. Permit applications shall be reviewed for compliance with BMC Title 18. Approved applications shall be issued within 20 days of application. Written notification of an incomplete application shall be issued within 10 days of submittal.
C. Prior to issuance, a permit time limit shall be established. The city shall allow a reasonable time for completion given current circumstances. All work under the permit shall be completed within the set time limit.
D. Permit approval shall be provided by public works staff, as authorized by the city manager.
E. All applicable fees must be paid in full prior to permit approval. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.050 Fees and charges.
Fees and charges under this chapter shall be adopted by the Brookings master fee resolution as provided under Chapter 1.10 BMC. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.060 Permit restrictions.
No new permit as defined in this chapter shall be issued to any entity or person whose work has necessitated city action for failure to perform or complete the work as approved. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.070 Violation and penalty.
The permittee shall be notified in writing of any violation of this chapter. Failure to remedy the violation within the specified time limit provided in the notification, or to obtain a permit for any activity described in this chapter, shall be punishable as provided under Chapter 1.05 BMC. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]
12.45.080 Claims.
Acceptance or approval by the city of any public works improvements shall not prevent the city from asserting a claim against the permittee for any incomplete or defective work found within 12 months of project completion. [Ord. 20-O-793 § 7 (Exh. F); Ord. 12-O-703 § 2.]