Chapter 13.14
RIGHT-OF-WAY USE PERMITS

Sections:

13.14.010    Right-of-way use permit required.

13.14.020    Application for permit – Fees.

13.14.030    Prohibited acts.

13.14.040    Permit revocation.

13.14.050    Appeals.

13.14.060    Liability for damages.

13.14.070    Severability.

13.14.010 Right-of-way use permit required.

A. A right-of-way use permit is required for any use of an alley or street right-of-way that substantially interferes with the free use, by the public, of city rights-of-way. Such a permit is required whether or not the street or alley has been built or improved in the right-of-way.

B. A permit is not required for:

1. Street construction projects undertaken by the city pursuant to a contract between the city and its contractor;

2. Activities licensed by street obstruction licenses and open air vendor’s licenses;

3. Displays of merchandise and portable advertising signs, placed by an abutting business, conforming with applicable city policies;

4. The planting or maintenance of decorative vegetation within a right-of-way, including street trees as they may be regulated by law; provided, that vegetation in a right-of-way is subject to removal at any time by order of the city public works director, without liability for damages to the person owning the vegetation; and

5. Those uses which the public works director finds to be of a minor nature, for which a permit is not justified.

C. Permission to use the right-of-way for utility or telecommunications facilities shall be granted pursuant to the provisions of Chapter 13.15 BMC. [Ord. 1998-09-074 § 3; Ord. 9383 § 2, 1984; Ord. 9157 § 14, 1983].

13.14.020 Application for permit – Fees.

A. Right-of-way use permits may be issued on the filing of a written application, and the payment of the required fee. The application shall be on a form by the public works director of his designate, and shall require submission of at least the following:

1. The name and address of the applicant, and if the applicant is a corporation or similar entity, the name and address of its agent;

2. A description of the intended use to be made of the right-of-way, and its location; and

3. If the applicant does not own the abutting property, written permission of the abutting property owners. Such permission must be kept current for the entire term of the permit.

B. The director of public works may impose any conditions he deems reasonable and necessary, as a condition to the issuance of the permit. These conditions may be modified or increased during the life of the permit.

C. Fees for right-of-way use permits are set by council resolution, and shall be based on the length of time of the use, the area occupied, and other considerations deemed relevant by council.

D. If any city fund will be subject to costs as a result of activities conducted under the permit, that fund must be fully reimbursed. Such costs include but are not limited to:

1. Parking meter revenue;

2. Utilities costs;

3. Garbage pickup; or

4. Restoration to original condition. [Ord. 9157 § 15, 1983].

13.14.030 Prohibited acts.

It is a misdemeanor to:

A. Make any use of any alley or street right-of-way that substantially interferes with the free use, by the public, of the right-of-way, without possessing a current right-of-way use permit;

B. Continue the use after a permit has been revoked or has expired; or

C. Violate a reasonable permit condition imposed by the director of public works. [Ord. 9157 § 16, 1983].

13.14.040 Permit revocation.

Permits issued under this chapter may be revoked or modified by the director of public works whenever:

A. The right-of-way to which the permit applies is to be improved in a manner inconsistent with the permitted use;

B. The permit holder does not conform with any reasonable conditions imposed; or

C. An abutting property owner withdraws or denies permission. [Ord. 9157 § 17, 1983].

13.14.050 Appeals.

Any action, permit denial or revocation shall be appealable to the hearing examiner within 10 days of notice of the action, revocation or denial by giving written notice of such intent to the hearing examiner. [Ord. 2002-10-069 § 25; Ord. 9157 § 18, 1983].

13.14.060 Liability for damages.

A. It is expressly the purpose of this chapter to provide for and promote health, safety and welfare of the general public, and not to create or designate any particular class of persons who will or should be especially protected by its terms.

B. It is the intent of this chapter to place obligation of complying with its requirements on persons within its scope, and no provision of this chapter is intended to impose any duty whatsoever upon the city or any of its officers, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be, nor shall be construed to create the basis for any liability on the part of the city or its officers for any injury or damage resulting from the failure of a person within its scope to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its officers. [Ord. 9157 § 19, 1983].

13.14.070 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [Ord. 9157 § 20, 1983].