Chapter 12.60
PUBLIC AND PRIVATE UTILITIES ON REAL PROPERTY

Sections:

12.60.010    Purpose.

12.60.020    Permit – Required – Exceptions.

12.60.030    Permit – Issuance authority – Use.

12.60.040    Permit – Privilege limitations.

12.60.050    Permit – Compliance with applicable provisions.

12.60.060    Permit – Terms and conditions.

12.60.070    Permit – Application – Required information.

12.60.090    Review and certification by agencies.

12.60.100    Financial guarantee requirements.

12.60.110    Notice of proposed use and commencement – Departmental coordination of permit approval.

12.60.120    Notice to agencies of construction date.

12.60.130    Permit revocation.

12.60.140    Termination of privileges – Assessment.

12.60.150    Enforcement.

12.60.160    Rights reserved to City – Conformance and payment of cost required.

12.60.170    Rule and regulation promulgation.

12.60.180    Severability.

12.60.010 Purpose.

The purpose of this chapter shall be to authorize and regulate the issuance of permits for the accommodation of public and private utility facilities, and other uses upon the City-owned real property which is not dedicated as right-of-way and to ensure that privileges authorized by the permits are consistent with public ownership of the property, the City comprehensive plan, the critical areas code, sound engineering and design standards, and health and sanitation regulations. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.010).]

12.60.020 Permit – Required – Exceptions.

All utility construction work and other uses performed upon, along, over, under or across any public place in the City of Kenmore shall require a permit to be issued by the City of Kenmore; provided, that construction work undertaken by the City of Kenmore or under contract to the City of Kenmore or requested by the City of Kenmore due to new construction shall be exempted from this requirement. Utility construction work includes, but is not limited to, construction and maintenance of waterworks, gas pipes, telephone, telegraph and electric lines, sewers, cable television and petroleum products and any other such public and private utilities. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.020).]

12.60.030 Permit – Issuance authority – Use.

The City of Kenmore is authorized to issue revocable permits for all utility construction work and installation, and other uses upon, along, over, under or across any public place in the City of Kenmore. The permits shall be used to authorize an act or series of acts on City-owned real property which is not dedicated as right-of-way. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.030).]

12.60.040 Permit – Privilege limitations.

The permits shall not be construed to convey any vested right in the property. The permits grant only a personal and revocable privilege and license to do one or more acts on the property without possessing any interest in the property. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.040).]

12.60.050 Permit – Compliance with applicable provisions.

The issuance of permits authorized in this chapter does not relieve or release the permittee from complying with other applicable statutes, ordinances, restrictions, regulations, rules or obligations in connection with the permittee’s proposed use of the property. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.050).]

12.60.060 Permit – Terms and conditions.

The permits shall be subject to all terms, conditions and restrictions, imposed by the department responsible for the management of the property to be affected, deemed necessary to preserve all characteristics consistent with public ownership; consequently, the general and specific terms, conditions and restrictions of the permits will vary according to, but not limited to, the following:

A. The property interest owned by the City of Kenmore;

B. All federal, State or local restrictions placed on the use of the property;

C. The purpose for acquiring the property;

D. Plans for the future development of the property;

E. The applicant’s proposed use of the property; and

F. The individual characteristics of the property. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.060).]

12.60.070 Permit – Application – Required information.

Applications for all permits shall be submitted, in writing, to the City of Kenmore. The application shall contain whatever information, including plans and specifications, the City of Kenmore shall require. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.070).]

12.60.090 Review and certification by agencies.

A. The City of Kenmore shall coordinate the review by all departments of permit applications.

B. The department responsible for the management of the property to be affected shall review and evaluate applications with respect to the hazard and risk of the proposed construction or use, location of the proposed construction or use in relation to other facilities using the property, the adequacy of the engineering and design of the proposed construction or use, and applicable federal, State, county and local laws and regulations.

C. The Seattle-King County department of public health shall review and evaluate applications for the construction of waterworks (except for domestic service connections) to determine consistency with State and local health and sanitation regulations.

D. The City of Kenmore fire marshal shall review and evaluate applications for the construction of waterworks to determine consistency with City standards for water mains and fire hydrants.

E. All applications for the construction of sewer or water facilities must be certified by the department of community development as consistent with a sewer or water comprehensive plan approved by the city council.

F. In any case, the City of Kenmore shall forward the application to the department for recommendations on critical area issues and the City of Kenmore shall be responsible for assuring that any application meets the requirements of the critical areas code set out in Chapter 18.55 KMC and the administrative rules promulgated thereunder before the permit is issued. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.090).]

12.60.100 Financial guarantee requirements.

Prior to final approval of all permits, the department responsible for the management of the property to be affected shall determine the amount of the performance guarantee necessary to assure compliance with approved construction plans, applicable State and local health and sanitation regulations, City standards for water mains and fire hydrants, and to assure proper restoration of the property and the health and safety of the users of the property. The applicant shall submit the financial guarantee consistent with the provisions of KMC Title 21. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.100).]

12.60.110 Notice of proposed use and commencement – Departmental coordination of permit approval.

A. The applicant, at the time of submitting an application for a permit, shall notify all public and private utility entities known to be using or proposing to use the same public place of the applicant’s proposed use and the proposed timing of any construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of any proposed construction for the purpose of coordinating other construction work on the property with that proposed by the applicant. The City of Kenmore may delay the commencement date for the applicant’s construction work on the property for 90 days or less if it finds that such delay will reduce the inconvenience to the public from construction activities, and it finds that such delay will not create undue economic hardship on the applicant.

B. The City of Kenmore shall also coordinate the approval of permits with the department responsible for the management of the property to be affected and may delay the commencement date for the applicant’s construction work for 90 days or less upon making the findings described in subsection (A) of this section.

C. The City of Kenmore shall inform the Seattle-King County department of public health of permits for construction of waterworks (except domestic service connections), and the City of Kenmore fire marshal of permits for waterworks. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.110).]

12.60.120 Notice to agencies of construction date.

The permittee is required to give written notice of the date construction will begin to the following agencies: the department responsible for the management of the property to be affected; Seattle-King County department of public health for construction of waterworks (except for domestic service connections); the City of Kenmore fire marshal for construction of waterworks. Failure to give such notice is grounds for the revocation or suspension of the permit. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.120).]

12.60.130 Permit revocation.

Any permit issued by the authority of this chapter shall be revocable at any time that the department responsible for the management of the property affected shall determine that the public health, safety, general welfare, or public use requires such revocation, and the right to revoke is expressly reserved to the City of Kenmore. At a reasonable time prior to action upon such revocation or proposed revocation, opportunity shall be afforded to the permittee to present for consideration action or actions alternative to the revocation of such permit. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.130).]

12.60.140 Termination of privileges – Assessment.

All privileges granted by the permits shall automatically terminate at such time as the permittee ceases to use the property and any facilities authorized by the permit. The permittee may terminate the agreement by written notice to the city manager. Upon revocation, termination or abandonment of any permit, the permittee shall remove at his expense all facilities placed on such property by the permittee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities or to a condition which is satisfactory to the City. If the permittee has not accomplished removal and restoration at the end of a 90-day period following the effective date of revocation, termination or abandonment, the City may accomplish all of the necessary work and charge all of the costs to the permittee. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.140).]

12.60.150 Enforcement.

In addition to other enforcement powers and not in limitation thereto, the city manager is authorized to enforce the provisions of this chapter, and any rules and regulations adopted thereunder pursuant to the enforcement and penalty provisions of Chapter 1.20 KMC. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.150).]

12.60.160 Rights reserved to City – Conformance and payment of cost required.

The City reserves the right to use, occupy and enjoy its property for such purposes as it shall desire including but not limited to constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The permittee upon written notice will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the City according to a time schedule contained in the written notice. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.160).]

12.60.170 Rule and regulation promulgation.

The city manager may promulgate any rules and regulations necessary for the operation of this chapter. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.170).]

12.60.180 Severability.

If any provision of this chapter or its application to any person or circumstances is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.46.180).]