Chapter 12.66
RIGHT-OF-WAY CONSTRUCTION REQUIREMENTS
Sections:
12.66.005 Purpose.
12.66.010 Definitions.
12.66.020 Permit required.
12.66.030 Business license required.
12.66.040 Contractor’s license required.
12.66.050 Contractor’s insurance.
12.66.060 Permittee’s liability.
12.66.070 Work area safety.
12.66.080 Restoration of right-of-way.
12.66.090 Contractor responsibilities.
12.66.100 Stop work order.
12.66.110 Violation – Penalty.
12.66.120 Conflicting ordinances.
12.66.005 Purpose.
The purpose of regulating right-of-way construction through contractor requirements is to assure that proposed construction is consistent with the public health, safety and general welfare of the citizens of Auburn and that any harm or nuisance, which may result from proposed work, is prevented. (Ord. 5848 § 1, 2004.)
12.66.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
A. “City of Auburn design and construction standards” means the requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer, street, and water design and construction.
B. “Right-of-way” means land, property, or property interest, usually in a strip, acquired for or devoted to transportation purposes. (Ord. 5848 § 1, 2004.)
12.66.020 Permit required.
It is unlawful for any person to perform any work within city right-of-way, which requires a written permit from the city, without first obtaining said permit. (Ord. 5848 § 1, 2004.)
12.66.030 Business license required.
It is unlawful for any person to perform any work within city right-of-way unless they have a current city business license. (Ord. 5848 § 1, 2004.)
12.66.040 Contractor’s license required.
It is unlawful for any person to perform any work in city right-of-way unless operating under a valid state of Washington general contractor’s license, or a valid state of Washington specialty contractor’s license applicable to the type of work being performed. (Ord. 5848 § 1, 2004.)
12.66.050 Contractor’s insurance.
Proof of insurance shall be required showing the city as additional insured on all work within the right-of-way to protect the contractor, the public, and the city against liability for accidental injury to persons or property. Insurance amounts shall be those identified in Section 1-07.18 (Public Liability and Property Damage Insurance) of the city adopted Standard Specifications for Road, Bridge and Municipal Construction (current adopted version), published by the Washington State Department of Transportation, and city amendments thereto. These insurance requirements may be modified at the discretion of the city engineer. Minimum commercial general liability insurance limits shall be $1,000,000 for each occurrence and $1,000,000 in the aggregate for each policy year. (Ord. 5848 § 1, 2004.)
12.66.060 Permittee’s liability.
Any person regulated under this chapter shall be liable to the city for all losses or damages claimed by any persons as a result of the negligence or failure of the person securing a permit to take all necessary precautions to protect the public and the city in the performance of any construction activities. (Ord. 5848 § 1, 2004.)
12.66.070 Work area safety.
Contractors are responsible for traffic control, work area protection/security and street maintenance to protect the life, health and safety of the public during any permitted work within the right-of-way, and all methods and equipment used will be subject to the approval of the city of Auburn. (Ord. 5848 § 1, 2004.)
12.66.080 Restoration of right-of-way.
A. All streets, sidewalks, alleys, parkways, and other public right-of-way disturbed in the course of work performed under any permit shall be restored in accordance with the city of Auburn design and construction standards or as approved by the city engineer.
B. All work within city right-of-way must be pursued to completion with due diligence, and if work is not completed within a reasonable length of time, as determined by the city engineer, the city shall cause the work to be completed.
C. Any costs incurred by the city for right-of-way restoration will be charged to the property owner and/or developer employing the contractor consistent with the procedures set forth in Chapter 1.25 ACC. (Ord. 5848 § 1, 2004.)
12.66.090 Contractor responsibilities.
Contractors working within city right-of-way shall be responsible for all work done under permits issued to them. All work shall be completed according to any permit conditions and the city of Auburn design and construction standards. (Ord. 5848 § 1, 2004.)
12.66.100 Stop work order.
When any work is being done or activity is occurring in violation of this chapter, or in violation of a permit issued for work in the right-of-way, the city engineer or his/her designee may order the work or activity stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done or such activity to occur. Any persons served with a written notice to stop work shall forthwith stop such work and/or prevent such activity until authorized by the city engineer to proceed with the work, recommence the activity or return the right-of-way to a safe and usable condition. If persons served with a written notice to stop work refuse to return the right-of-way to a safe and usable condition at the request of the city engineer, the city may cause the right-of-way to be restored as provided in ACC 12.66.060. (Ord. 5848 § 1, 2004.)
12.66.110 Violation – Penalty.
In addition to any other enforcement method or process available under the law, any violation of this chapter may be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 5848 § 1, 2004.)
12.66.120 Conflicting ordinances.
All ordinances or parts of ordinances in conflict with this chapter are repealed, except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter. (Ord. 5848 § 1, 2004.)