Chapter 12.20
STREET AND UTILITY CONSTRUCTION PERMITS

Sections:

12.20.010    Permit required.

12.20.020    Permit—Terms and conditions.

12.20.030    Road closures.

12.20.040    Inspection fees.

12.20.060    Insurance.

12.20.070    Bond.

12.20.075    Construction registration and city business license are required.

12.20.080    Traffic control required of permittee.

12.20.100    Delinquent fees—Refusal of permit.

12.20.110    Deviations.

12.20.120    Violation.

12.20.010 Permit required.

It is unlawful for any person, firm, or corporation to obstruct, construct, or disturb existing or proposed municipal improvements without first having obtained a street and utility construction permit. Provided, however, that any city public works projects shall be exempt from such permitting requirements.

(Ord. No. 606, § 1, 10-5-17; Ord. No. 599, § 1, 4-6-17).

12.20.020 Permit—Terms and conditions.

The public works director or designee is authorized to review street and utility construction permit applications and to approve street and utility construction permits.

A. The applicant for a street and utility construction permit shall provide the public works director with information about the proposal to construct, obstruct, or disturb municipal improvements. The information shall provide a description of the proposed work or acts to be done under such permits and shall show the location and plan of the work along with all traffic control and other pertinent information that the public works director requests about the project. The public works director may require civil engineering plans to be provided by a professional engineer.

B. The public works director may issue a street and utility construction permit upon approval of the application and upon verification of the following three items when required:

1. Washington State contractor registration.

2. Street and utility construction bond.

3. City of Mattawa business license.

For exceptions to these three items, refer to Sections 12.20.070 and 12.20.075.

C. The permit and application shall include the length of time allowed for the completion of the work and a description of the work that is being approved by the permit. The permit and application shall include information about the contractor registration, street and utility construction bond, and city business license. The applicant shall sign the permit after it has been approved by the public works director. By signing the permit, the applicant guarantees the following:

1. All existing and proposed municipal improvements that are affected by the permittee’s work shall be constructed or reconstructed in accordance with the community street and utility standards or per the approved construction plans.

2. All work will be completed and accepted within the time allowed by the permit.

3. All disturbances will be reconstructed in accordance with the conditions stated on the permit.

4. All expenses required to fulfill the conditions of the permit shall be the liability of the permittee.

5. All work shall be subject to the direction of the public works director until the permit requirements have been completely fulfilled.

6. The public works director will be allowed to inspect all phases of the work.

D. At the expiration of the time fixed by a street and utility construction permit, or upon the completion of the work allowed to be done under such permit, the public works director shall have the right to have all additional work performed as necessary to restore the construction area to a condition compliant with the permit conditions. The permittee shall be liable for all expenses required for completion of additional work. Moreover, the city shall have a cause of action for all of the city’s expenses and costs paid out upon the additional work. The city’s costs may be collected in a civil action in any court of competent jurisdiction.

E. The permittee’s signature on the permit guarantees that all work that is performed under the permit shall meet all conditions of the permit for a period of two years after the work has been accepted. Nothing in this chapter precludes the permittee from being liable for all defects in material or workmanship that are discovered beyond the two-year maintenance period.

F. If municipal improvements are installed where none were existing, the work shall not be considered complete until the city council accepts the improvements.

(Ord. No. 599, § 1, 4-6-17).

12.20.030 Road closures.

The public works director may allow roads to be closed during construction; however, the permittee shall provide road access to emergency traffic such as police, fire, and emergency units at all times. Additionally, access to commercial property shall not be blocked for more than four consecutive hours, and access to residential property shall not be blocked for more than eight consecutive hours. The permittee shall notify the Multi-Agency Communications Center (MACC, 509-762-1160) prior to closing any street and immediately upon reopening a closed street. The permittee shall also coordinate all construction activities with the school district, post office, disposal firms, and other services that operate in the project area. The permittee shall be liable for all damages that result from failure to provide reasonable notice, access, or coordination. All road closures shall be in accordance with Section 12.20.080.

(Ord. No. 599, § 1, 4-6-17).

12.20.040 Inspection fees.

Permit fees are required after the permit has been approved. The permit fees are two and one-half percent of the cost of all construction that will be inspected by the public works director, but no less than twenty-five dollars.

(Ord. No. 599, § 1, 4-6-17).

12.20.060 Insurance.

The public works director shall, as a condition precedent to the granting of the permit as provided in this chapter, require the delivery to the city of a certificate of insurance showing a comprehensive liability insurance policy in limits of one million dollars per occurrence and two million dollars aggregate for bodily injury and/or death and for property damage. The policy shall also indemnify and hold the city harmless from any claim for injury, death, or property damage in connection with the work for which the permit is issued and shall provide that the policy shall not be canceled or reduced until after ten days’ written notice to the city. The certificate shall be approved by the city attorney.

(Ord. No. 599, § 1, 4-6-17).

12.20.070 Bond.

All permits require a street and utility construction bond in the amount of one hundred fifty percent of the cost to replace existing improvements that may be disturbed as allowed by the street and utility construction permit, but no bond shall be approved for less than ten thousand dollars. However, a bond is not required for permits that are issued to a legal property owner for sidewalk repairs or replacements that abut the legal property owner’s property. The bond shall be on forms provided by the city and shall be reviewed and approved by the city attorney prior to issuance of the permit.

A. The bond shall contain the following declarations:

1. The bond guarantees that all persons who have provided or will provide labor and materials for the project will be paid by the permittee.

2. The bond guarantees all municipal improvements shall be constructed or reconstructed to original or better condition in accordance with the permit requirements.

3. The bond guarantees all work shall be completed within the time specified by the permit.

4. The bond guarantees all defects in workmanship or material that are discovered within two years after the work is accepted by the city shall be repaired or reconstructed to the satisfaction of the public works director.

B. The aforesaid bond initially shall be for a period of two years and shall automatically renew each year unless notice of nonrenewal is provided to the city. The obligation of such bond shall survive its cancellation or expiration for a period of two years after acceptance by the city of all work for which such bond is given.

C. Whenever the public works director determines that the amount of a bond is insufficient for additional permits, the public works director may require a new or additional bond from the permittee. All new or additional bonds shall be in accordance with the aforementioned requirements.

(Ord. No. 599, § 1, 4-6-17).

12.20.075 Construction registration and city business license are required.

The permittee shall provide current verification that they possess a Washington State contractor registration and city of Mattawa business license before applying for a permit. However, when a permit is issued to a legal property owner for sidewalk repairs or replacements on property that abuts property that is owned by the permittee, a Washington State contractor’s registration and a city of Mattawa business license are not required. Furthermore, all work that is outside of the city of Mattawa shall not require a city business license.

(Ord. No. 599, § 1, 4-6-17).

12.20.080 Traffic control required of permittee.

By signing the permit, the permittee guarantees that all required traffic control shall be set up as required by the public works director, and the permittee guarantees that all traffic control shall be installed and maintained in accordance with the Manual of Uniform Traffic Control Devices. All traffic control proposals shall be submitted to the public works director for review prior to their use in the field. The public works director may require traffic control plans to be stamped by a professional engineer prior to approval of traffic control plans. The city assumes no liability for traffic control that has been set by the permittee; moreover, by signing the permit, the permittee assumes full liability for all traffic control.

(Ord. No. 599, § 1, 4-6-17).

12.20.100 Delinquent fees—Refusal of permit.

No permit shall be issued to any person, firm, or corporation who is either delinquent in the payment of any fees or charges that are owed to the city or who refuses or neglects to comply with any of the provisions of this chapter. The public works director may revoke any permit for reasons of noncompliance with this chapter, and the permittee shall have no recourse for said action of the public works director revoking a permit.

(Ord. No. 599, § 1, 4-6-17).

12.20.110 Deviations.

The city council may grant a deviation to the standards set forth in this chapter upon the findings that the granting of a deviation is in the best interest and welfare of the community.

(Ord. No. 599, § 1, 4-6-17).

12.20.120 Violation.

Any person, firm, or corporation who violates or fails to comply with the provisions of this chapter may be subject to a notice of violation and order to correct as provided in Chapter 1.30 issued by the code enforcement officer.

(Ord. No. 599, § 1, 4-6-17).