Chapter 12.02
ENCROACHMENT PERMITS

Sections:

12.02.010    Permit required.

12.02.020    Applications.

12.02.030    Issuance of permit.

12.02.040    Term of permit.

12.02.050    Revocation.

12.02.060    Appeal.

12.02.070    Existing uses.

12.02.080    Penalty for violation.

12.02.010 Permit required.

Before any person, firm or corporation shall commence or permit any other person, firm or corporation to commence any work to grade, pave, level, alter, construct, repair, remove, excavate or place any pavement, sidewalk, crosswalk, curb, driveway, gutter, drain, sewer, water, conduit, tank, vault, street banner or any other structure, utility or improvement located over, under or upon any public right-of-way or easement in the city of Gig Harbor, or place any structure, building, barricade, material, earth, gravel, rock, debris or any other material or thing tending to obstruct, damage, disturb, occupy, or interfere with the free use thereof or any improvement situated therein, or cause a dangerous condition, an encroachment permit shall be obtained. A separate permit shall be obtained for each separate project.

In the case of work contracted for by the department of public works, the signing of the contract shall constitute an encroachment permit. (Ord. 836 § 1, 2000; Ord. 685 § 1, 1994; Ord. 653 § 1, 1993).

12.02.020 Applications.

Application shall be made to the director of public works on a format as prescribed and provided by said director. The application shall contain such information as the director deems necessary, including, but not limited to, evidence that the applicant is either the owner or entitled to possession of the property adjoining the public right-of-way or place sought to be used, and a full and complete description of the use to be made of the public right-of-way or place by the applicant and the duration of such proposed use. The decision to issue or not issue an encroachment permit, as authorized under this chapter, shall be at the sole discretion of the city. This chapter shall in no way be construed as granting or creating a right in any applicant to obtain an encroachment permit. An application fee shall be paid at the time of filing of the application with the city. The fee shall be in such amount as established from time to time by the city council, by ordinance, or by resolution. (Ord. 836 § 2, 2000; Ord. 653 § 1, 1993).

12.02.030 Issuance of permit.

All permits shall be issued by the director of public works, or the director’s designee. The permit is not subject to the requirements in GHMC Title 19, and may be issued to the applicant if all requirements deemed relevant by the director of public works are met. Requirements shall include, but are not limited, to the following:

A. The proposed use will not protrude into or over any portion of a public right-of-way or public place open to vehicle or pedestrian travel in such a manner as to create a likelihood of endangering the use of such public place by vehicle or pedestrian traffic.

B. The proposed use will not protrude into or over any public utility lines including water, sewer, storm drainage, cable, gas, power, or will not block access to the utility lines.

C. The requested use must meet all other applicable requirements of this code, including, but not limited to, the underlying zoning regulations applicable to the adjacent property upon which the use will be conducted, constructed or maintained.

D. The applicant shall be required to indemnify and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use.

E. During all periods of use for encroachment permits, the applicant shall maintain public liability and property damage insurance acceptable to the city and/or other insurance necessary to protect the public and the city on premises to be used unless waived by the director of public works. The limits of said insurance shall be established by the director of public works. A certificate evidencing the existence of said insurance or, upon written request of the director of public works, a duplicate copy of the policy shall be provided to the city as evidence of the existence of the insurance protection. Said insurance shall not be cancelable or reduced without prior written notice to the city, not less than 30 days in advance of the cancellation or alteration. Said insurance shall name the city as a named or additional insured and shall be primary as to any other insurance available to the city.

F. Such other conditions as may be imposed by the director of public works to reasonably assure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way or public place.

G. All conditions shall be subscribed on or attached to the permit.

H. Applicant shall consent that in the event the city is required to take enforcement actions to enforce the terms and conditions of the permit, that the city shall be entitled to recover its costs, disbursements, and expenses including its attorneys’ fees, which sums may be filed as a lien against applicant’s premises and enforceable in the manner provided for the enforcement of mortgages on real property. (Ord. 836 § 3, 2000; Ord. 685 § 2, 1994; Ord. 653 § 1, 1993).

12.02.040 Term of permit.

Notwithstanding the provisions of GHMC 12.02.050, Revocation, encroachment permits shall be issued for varying terms, at the discretion of the director of public works and as generally set forth below:

A. Encroachment permit, residential, issued for construction of any fence or retaining wall are valid indefinitely unless revoked under GHMC 12.02.050. Any other noncommercial use of the public right-of-way will require an encroachment permit issued under the same terms as described under encroachment permit, commercial (subsection B of this section).

B. Encroachment permit, commercial, issued for any use of the right-of-way (as defined in GHMC 12.02.010) in connection with the operation of a business in the city of Gig Harbor, are valid for a period of 12 months from the date of approval. Property owners may make application to renew the encroachment permit upon permit expiration.

C. Encroachment permit, temporary, issued to property owners for uses of the right-of-way of a temporary nature and which involves the obstruction of a portion of a public sidewalk or other walkway, are valid for a period not to exceed 30 days. Property owners may make application to renew the encroachment permit upon expiration. (Ord. 836 § 4, 2000; Ord. 653 § 1, 1993).

12.02.050 Revocation.

A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant, and may be revoked by the director of public works as follows:

1. Immediate revocation in the event of a violation of any of the terms and conditions of the permit;

2. Immediate revocation, in the event such use, structure or obstruction becomes, for any reason, dangerous, insecure or unsafe;

3. Upon 30 days’ notice if the permit is revoked for any reason that is not covered by the preceding subsections, including, but not limited to, the city’s desire to make public use of the road, street, public right-of-way or other public place subject to an existing permit.

B. If any use or occupancy for which the permit has been revoked is not immediately discontinued, the director of public works may remove any such structure or obstruction or cause to be made to such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the permittee, including all fees, costs, and expenses incurred, including attorneys’ fees associated with the enforcement of or collection of the same. The city may enforce this chapter in any manner provided by law, including the abatement of public nuisances. (Ord. 836 § 5, 2000; Ord. 653 § 1, 1993).

12.02.060 Appeal.

Any decision of the director of public works or the director’s designee, with respect to the issuance, refusal to issue, or revocation or refusal to revoke a permit may be appealed to the city council by filing a notice of intent to appeal such decision with the city administrator/clerk within 10 days of the date of issuance of the decision being appealed. If an appeal from any such decision is taken, the appellant shall be required to pay a nonrefundable appeal fee in an amount of not less than $100.00. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the city council shall be final, binding and conclusive, the decision being solely within the discretion of the legislative body. (Ord. 653 § 1, 1993).

12.02.070 Existing uses.

An encroachment permit will be required for any existing use of any public right-of-way, street, sidewalk, or other public place. Owners seeking a temporary use of city right-of-way must obtain a permit before the use begins. (Ord. 836 § 6, 2000; Ord. 653 § 3, 1993).

12.02.080 Penalty for violation.

Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a penalty of $100.00 as provided in GHMC 1.16.010(D)(3) and for any costs incurred by the city relative to any violation. (Ord. 653 § 4, 1993).