Chapter 13.70
SAFETY AND DAMAGE PREVENTION REQUIREMENTS

Sections:

13.70.010  Findings.

13.70.020  Safety and damage prevention responsibilities.

13.70.030  Public works oversight.

13.70.040  Penalties for failure to request public works oversight.

13.70.010 Findings.

It is hereby found and declared that the public health, welfare and safety necessitates the exercise of due care and diligence to prevent damage to public works, fire protection, energy, and communications assets incidental to construction and work preformed in the town of Cathlamet. (Ord. 473, 2005)

13.70.020 Safety and damage prevention responsibilities.

It shall be the responsibility of property owners, their agents, and assigns to exercise due diligence in conducting construction, repair, amendment, or remodeling work on any property, structure, or fixture in the town of Cathlamet. At a minimum, due diligence includes, but is not limited to:

(1) Securing all permits and approvals required for said work;

(2) Obtaining and completing acceptable locating services to properly identify and mark all water, sewer, fire mains, electrical power, communications, gas, and other subsurface utilities in advance of the commencement of excavation or other work which may reasonably impact or endanger said utilities;

(3) Complying with RCW 19.122.030 and 19.122.040 and other applicable laws; and

(4) Providing a minimum of two business days’ advance written notification to the public works supervisor of intent to excavate or perform such other work. (Ord. 473, 2005)

13.70.030 Public works oversight.

Upon receipt of notice of an intent to excavate or perform other work pursuant to CMC 13.70.020, it shall be the duty of the public works supervisor to arrange for a town employee or agent to attend the work, monitor its performance, and assist those performing the work in avoiding damage to utilities. Inability of the public works supervisor to provide such oversight shall not excuse or indemnify those performing the work from taking due care to avoid damaging utilities. (Ord. 473, 2005)

13.70.040 Penalties for failure to request public works oversight.

Notwithstanding RCW 19.122.070, and any other provision of law, failure to request public works oversight shall be subject to the following penalties:

(1) Where no damage to utilities or public property occurs, the penalty shall be $100.00 for each occurrence.

(2) Where any damage to utilities or public property occurs, the penalty shall be $500.00, plus the actual costs for labor, material, and loss of service incurred to repair and rectify the damage.

(3) The public works supervisor shall prepare a claim against the property owner for all penalties assessed pursuant hereto, and the clerk/treasurer shall bill the property owner(s) of record. Unpaid penalty bills shall accrue interest at 12 percent per annum, and become a lien against the property which runs with the land until paid, and may be foreclosed as provided by law. (Ord. 473, 2005)