Chapter 18.10 CONDITIONS OF LICENSES AND FACILITY LEASES

The purpose of this chapter is to set forth certain terms and conditions which are common to all right-of-way licenses and facilities leases. Except as otherwise provided in this title or in such a right-of-way license or facilities lease, the provisions of this chapter apply to all such right-of-way licenses facilities leases approved or granted by the city council. (Ord. 2959 § 1, 1999).

18.10.020 Coordination of construction activities.

A. By February 1st of each year, grantees shall provide the city with a schedule of their proposed construction activities in, around, or that may affect the public rights-of-way. Such schedule shall generally indicate those construction activities that will entail excavation or tunneling within the public rights-of-way.

B. Each grantee shall meet with the city, other grantees, and users of the public rights-of-way annually or as determined by the director, to coordinate construction in the public rights-of-way.

C. All construction locations, activities, and schedules shall be coordinated, as ordered by the director, to minimize public inconvenience, disruption, or damages.

D. All grantees, before commencing any construction in the public rights-of-way, shall comply with all regulations of Chapter 19.122 RCW, the One Call Locator Service.

E. If directed by the city, at least 48 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform new construction or reconstruction involving excavation or tunneling, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the city, upon the affected property by the grantee. A door hanger may be used to comply with the notice and posting requirements of this section. A grantee shall make a good faith effort to comply with the property owner/resident’s preferences, if any, on location or placement of underground installations (excluding existing cable paths) consistent with sound engineering practices; provided, however, that nothing in this chapter shall permit a grantee to unlawfully enter or construct improvements upon the property or premises of another.

F. The city reserves the right, in the event of disposing of city property, to require all grantees to provide written confirmation:

1. Sufficient for customary land survey and land title insurance purposes concerning the location of their facilities in public rights-of-way; and

2. Disclaiming any interest in public rights-of-way where the grantees have no authority to construct or operate their facilities. (Ord. 2959 § 1, 1999).

18.10.030 Reservation of powers.

In addition to the inherent powers of the city to regulate and control any license or lease issues, and those powers expressly reserved by the city, or agreed to and provided for in any license or lease, the right and power is hereby reserved by the city to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers. (Ord. 2959 § 1, 1999).

18.10.040 Acceptance.

A. No license or lease granted pursuant to the provisions of this title shall become effective unless and until the ordinance or resolution granting the same has become effective.

B. Within 30 days after the effective date of the ordinance or resolution granting a right-of-way license, or within such extended period of time as the council in its discretion may authorize, a grantee shall file with the city attorney its written acceptance of any license granted in a form satisfactory to the city attorney, together with the bonds and insurance policies required by this chapter.

C. Within 30 days after the effective date of the ordinance or resolution granting a facilities lease, or within such extended period of time as the council in its discretion may authorize, a grantee shall file with the city attorney an executed lease, together with the bonds and insurance policies required by this chapter.

D. In accepting any right-of-way license or lease, the grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by the city pursuant to such power. (Ord. 2959 § 1, 1999).

18.10.050 Safety requirements.

A. A grantee, in accordance with applicable national, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public rights-of-way or places of a license or lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair.

B. The city reserves the general right to see that the system of a grantee is constructed and maintained in a safe condition. If a violation of the National Electrical Code or other applicable regulation is found to exist by the city, the city will notify the grantee, and establish a reasonable time for the grantee to make necessary repairs. If the repairs are not made within the established time frame, the city may make the repairs itself or have them made and collect all reasonable costs thereof from the grantee.

C. Notwithstanding the foregoing, the city may, without providing advance notice to a grantee, take immediate action to safeguard the public safety in those situations in which the city determines that an immediate hazard exists; provided, that the city shall exercise reasonable efforts to notify the grantee either prior to, concurrently with, or immediately after taking such safeguarding action. In all such instances the city shall make reasonable efforts to protect the grantee’s facilities; provided, that the health and safety of the public, in the city’s sole discretion, shall always be of paramount concern.

D. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business failing to correct deficiencies within a reasonable time as established by the city pursuant to subsection (B) of this section shall be subject to a civil penalty in an amount not less than $100.00 nor more than $1,000 for each day in which the violation occurs or remains, from the date set for compliance until compliance with the order is achieved. The penalty imposed by this section shall be collected by civil action brought by the city. The mayor or designee shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the mayor or designee, take appropriate action to collect the penalty.

E. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the applicable provisions of subsection (B) of this section, and who has had a judgment entered against him or her pursuant to subsection (B) of this section within the past five years shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding one year or be both fined and imprisoned.

F. In addition to any penalty which may be imposed by the city, any person violating or failing to comply with any of the provisions of this chapter shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. (Ord. 2959 § 1, 1999).

18.10.060 Insurance.

A. Unless otherwise provided in a license or lease agreement, each grantee, as a condition of its license, franchise or lease, shall secure and maintain the following insurance policies with insurers licensed to do business in Washington by the Insurance Commissioner, and naming the city, its elected and appointed officers, officials, agents and employees as additional insureds. Such insurance polices shall be in the following forms, with the following minimum limits:

1. Commercial general liability policy with limits not less than:

a. Five million dollars each occurrence for bodily injury or death;

b. Five million dollars each occurrence for property damage resulting.

2. A business automobile policy for owned, non-owned and hired vehicles with a limit of $3,000,000 each occurrence and $5,000,000 general aggregate.

3. Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $1,000,000.

4. Comprehensive form premises operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.

B. The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the license or lease, and such other period of time during which the grantee is operating without a license or lease hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:

It is hereby understood and agreed that this policy may not be cancelled nor the intention not to renew be stated until 30 days after receipt by the city, by registered mail, of a written notice addressed to the city attorney of such intent to cancel or not to renew.

C. Within 15 days after receipt by the city of said notice the grantee shall obtain and furnish to the city replacement insurance policies meeting the requirements of this section.

D. Grantees qualified to do business in the state of Washington as self-insured shall also meet the requirements of this section. (Ord. 2959 § 1, 1999).

18.10.070 Performance bond.

Every grantee shall be required to provide a cash deposit or construction performance bond, in a form and with sureties as approved by the city, to ensure the faithful performance of its responsibilities in accordance the city’s street excavations ordinance, Chapter 12.16 MVMC. (Ord. 2959 § 1, 1999).

18.10.080 General indemnification.

A. No license or lease shall be deemed to be granted under this title unless it includes an indemnity clause substantially conforming to the following:

The grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the city, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the grantee’s own employees to which the grantee might otherwise be immune under RCW Title 51, arising from injury or death of any person or damage to property of which the acts or omissions of the grantee, its agents, servants, officers or employees in performing under this license or lease are the proximate cause.

The grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the city, its officers and employees from any and all claims, costs, judgments, awards or liability to any person including claims by the grantee’s own employees, including those claims to which the grantee might otherwise have immunity under RCW Title 51, arising against the city solely by virtue of the city’s ownership or control of the public rights-of-way or other public properties, by virtue of the grantee’s exercise of the rights granted herein, or by virtue of the city’s permitting the grantee’s use of the city’s public rights-of-way or other public property, based upon the city’s negligent inspection or lack of inspection of work performed by the grantee, its agents and servants, officers or employees in connection with work authorized on the city’s property or property over which the city has control, pursuant to this license or lease or pursuant to any other permit or approval issued in connection with this license or lease, excluding only those judgments or awards found to be based upon the city’s willful misconduct or gross negligence.

This covenant of indemnification shall include, but not be limited by this reference, claims against the city arising as a result of the negligent acts or omissions of the grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public right-of-way or other public place in performance of work or services permitted under this license or lease.

B. Inspection or acceptance by the city of any work performed by the grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims, which are not reduced to a suit, and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation.

C. In the event the grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the grantee, then the grantee shall pay all of the city’s costs for defense of the action, including all reasonable expert witness fees and reasonable attorney’s fees and the reasonable costs of the city.

D. The provisions of this section shall survive the expiration or termination of this license or lease agreement. Notwithstanding any other provisions of this section, the grantee assumes the risk of damage to its facilities located in the city’s public rights-of-way, rights-of-way, and easements from activities conducted by the city, its officers, agents, employees and contractors. The grantee releases and waives any and all claims against the city, its officers, agents, employees or contractors for damage to or destruction of the grantee’s facilities caused by or arising out of activities conducted by the city, its officers, agents, employees and contractors, in the public rights-of-way, rights-of-way, and easements subject to this license or lease, except to the extent any such damage or destruction is caused by or arises from the gross negligence or willful misconduct on the part of the city, its officers, agents, employees or contractors.

E. The grantee further agrees to indemnify, hold harmless and defend the city against any claims for damages, including, but not limited to, business interruption damages, lost profits, and consequential damages brought by or under users of the grantee’s facilities as the result of any interruption of service due to damage or destruction of the user’s facilities caused by or arising out of activities conducted by the city, its officers, agents, employees or contractors, except to the extent any such damage or destruction caused by or arising from willful misconduct or gross negligence on the part of the city, its officers, agents, employees or contractors, to the extent allowed by law. (Ord. 2959 § 1, 1999).

18.10.090 Location of facilities.

A. All facilities shall be constructed, installed and located in accordance with the provisions of this section, unless otherwise specified in a license or facilities lease.

B. Unless otherwise provided in a right-of-way license or facilities lease, a grantee with permission to occupy a public way must locate its telecommunications facilities underground; provided, that this provision shall not apply to any facilities installed prior to the effective date of the ordinance codified in this chapter.

C. Whenever any new or existing electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public way of the city, a grantee, franchisee, or lessee that currently occupies the same public way shall relocate its facilities underground at no expense to the city. Absent extraordinary circumstances or undue hardship as determined by the city public works director, such relocation shall be made concurrently to minimize the disruption of the public ways. No extension granted by the director of public works under this subsection shall exceed a period of 12 months.

D. Whenever telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future cable or telecommunications carriers or facilities, the grantee and all other occupants of the public way shall provide additional ducts, conduits, manholes, and other facilities for nondiscriminatory access to future operators and carriers at their own expense.

E. The director may waive the requirements for location of facilities under this section if the grantee demonstrates to the director’s satisfaction that such location requirements are commercially unreasonable or if other law otherwise controls. (Ord. 2959 § 1, 1999).

18.10.100 Maintenance of facilities.

Each grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. (Ord. 2959 § 1, 1999).

18.10.110 Relocation or removal of facilities.

A. Within 30 days following written notice from the city, with additional time allowed under warranted circumstances at the sole determination of the director, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public rights-of-way whenever the director, in the director’s sole discretion, determines that such removal, relocation, or alteration is in the best interests of the public health, safety, or welfare, and is reasonably necessary for:

1. The construction, repair, maintenance or installation of any public improvement, whether commenced by the city or any other governmental entity;

2. The operations of the city or other governmental entity in or upon the public rights-of-way;

3. The vacation of a street or the release of a utility easement, or the condemnation thereof.

B. This requirement will not apply if any other law otherwise controls.

C. It shall be a condition of each and every facilities lease or right-of-way license granted by the city that the prevailing party’s reasonable costs and attorney’s fees in enforcing this section shall be paid by the nonprevailing party.

D. Whenever any person shall have obtained permission from the city to use any street or public way for the purpose of moving any building, a grantee upon 14 days’ written notice from the city, shall raise or remove, at the expense of the person desiring to move the building, any of the grantee’s, facilities which may obstruct the removal of such building; provided, that the person desiring to move the building shall comply with all requirements of the city for the movement of buildings. (Ord. 2959 § 1, 1999).

18.10.120 Removal of unauthorized facilities.

A. Within 30 days following written notice from the city, any grantee that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public rights-of-way or city property shall, at its own expense, remove such facilities or appurtenances from the public rights-of-way or city property. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

1. Upon expiration or termination of the grantee’s license or lease;

2. Upon abandonment of a facility within the public rights-of-way or city property. Any property of a grantee shall be deemed abandoned if left in place 90 days after expiration or termination of a license or lease;

3. If the system or facility was constructed or installed without prior grant of a license or lease, unless said system or facility was constructed or installed prior to the effective date of the ordinance codified in this title;

4. If the system or facility was constructed or installed without prior issuance of a required construction permit;

5. If the system or facility was constructed or installed at a location not permitted by the grantee’s license; and

6. If the system or facility was constructed or installed at a location not permitted by the grantee’s lease.

B. Any plan for the removal of a facility must be first approved by the director, and all necessary permits must be obtained prior to such work; provided, however, that the city may, in its sole discretion, allow a grantee, or other such persons who may own, control, or maintain telecommunications facilities within the public rights-of-way or city property to abandon such facilities in place in such a manner as the city may prescribe. No facilities of any type may be abandoned in place without the express written consent of the city.

C. Upon permanent abandonment of such facilities in place, the property shall become that of the city, and such persons shall submit to the city an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. The provisions of this section shall survive the expiration, revocation, or termination of a license or lease granted under this title. (Ord. 2959 § 1, 1999).

18.10.130 Emergency removal or relocation of facilities.

The city retains the right and privilege to cut or move any telecommunications facilities located within the public rights-of-way or city property, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency with imminent substantial harm to life or property. The city shall not be liable to any telecommunications carrier, operator, provider or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the city’s actions under this section. (Ord. 2959 § 1, 1999).

18.10.140 Abandonment of facilities.

A. If the grantee abandons use of its cable, ducts, or other facilities authorized under a license or lease, then the facilities shall be removed from the public rights-of-way or city property to the satisfaction of the city at grantee’s cost. In lieu of removal the city may permit the improvements to be abandoned in place in such a manner as the city may prescribe. This is covered in MVMC 18.10.120(C) above.

B. Upon revocation or termination of a license or lease, the grantee shall to the satisfaction of the city and, without cost or expense to the city, promptly remove its facilities unless permitted by the city to be left in place in such manner as the city may prescribe. If the grantee determines to remove such facilities, or any portion thereof, then the grantee, at its sole expense, shall restore the public rights-of-way where disturbed by such removal to the satisfaction of the city.

C. Any such facilities which are not removed within 120 days of either such date of termination or revocation or of the date the city issued a permit authorizing removal, whichever is later, automatically shall become the property of the city. The grantee shall notify the city to record facilities abandoned. Any costs incurred by the city in safeguarding such facilities shall be reimbursed by the grantee, and the grantee’s bond shall be liable for such costs in the event the grantee fails to perform. (Ord. 2959 § 1, 1999).

18.10.150 Failure to remove or relocate.

If a grantee is required to remove, relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the city may cause such to occur. Any costs incurred by the city in remove, relocate, change or alter such facilities shall be reimbursed by the grantee, and the grantee’s bond shall be liable for such costs in the event the grantee fails to perform. (Ord. 2959 § 1, 1999).

18.10.160 Damage to grantee’s facilities.

Unless directly and proximately caused by the willful misconduct or gross negligence of the city, the city shall not be liable for any damage to or loss of any telecommunications facility upon city property or within the public rights-of-way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such city property or within the public rights-of-way. (Ord. 2959 § 1, 1999).

18.10.170 Damage to property.

No grantee nor any person acting on a grantee’s behalf shall take any action or permit any action to be done which may impair or damage any city property, public rights-of-way of the city, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto without the express written consent of the city. (Ord. 2959 § 1, 1999).

18.10.180 Interference with city property and the public rights-of-way.

No grantee may locate or maintain its telecommunications facilities to unreasonably interfere with the use of city property or the public rights-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the city property and public rights-of-way. Unreasonable interference will include disruption to vehicular or pedestrian traffic on city property or the public rights-of-way, interference with other government utilities, and such other activities that will present a hazard to public health, safety or welfare, when alternative methods of construction will result in less disruption. (Ord. 2959 § 1, 1999).

18.10.190 Tree trimming.

A. Upon 30 days’ written notice provided to the director, except in an emergency of imminent danger to persons or property, the grantee may trim trees or other vegetation owned by the city or encroaching upon the public rights-of-way to prevent their branches or leaves from touching or otherwise interfering with its wires. All trimming or pruning shall be at the sole cost of the grantee.

B. The grantee may contract for trimming or pruning services with the city or any person approved by the city prior to the rendering of trimming services. The grantee shall comply with all applicable laws in conducting such trimming, including any prevailing wage statutes. (Ord. 2959 § 1, 1999).

18.10.200 As-built maps.

Where the grantee’s actual construction deviates materially from its submitted construction plans as reasonably determined by the city, the grantee shall provide the city with a map or maps accurately reflecting the horizontal and vertical location and configuration of the grantee’s facilities within the public rights-of-way and upon city property. The city may use or disclose such information only as allowed by law and in accordance with MVMC 18.06.010(A)(3). Submittal by a grantee of construction plans and/or revised maps shall constitute the grantee’s certification that the city may rely upon such maps in the design and construction of city improvements in the public rights-of-way, including emergency repairs. (Ord. 2959 § 1, 1999).

18.10.210 Assignments or transfers of grant.

A. It is the intent of the city council that the city is always cognizant of those authorized to occupy the public rights-of-way, and that the insurance coverages, bonds, and similar protections afforded the city pursuant to this and other chapters of the Mount Vernon Municipal Code are always in place. Working control of a right-of-way license or lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, merger, consolidation or other act of the grantee, by operation of law or otherwise, without complying with this section.

B. The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the city not less than 45 days prior to the proposed date of transfer:

1. All information required of a right-of-way license or lease applicant pursuant to Chapter 18.06 MVMC with respect to the proposed transferee or assignee; and

2. Proof of insurance coverage and a performance bond, as set forth in MVMC 18.10.060 and 18.10.070.

C. Unless otherwise provided in a license or facilities lease, the grantee shall reimburse the city for all direct and indirect costs and expenses reasonably incurred by the city in considering a request to transfer or assign a license or lease. No assignment or transfer shall be concluded until all such costs and expenses have been paid.

D. Any transfer or assignment of a lease without prior written approval of the city under this section or pursuant to a facilities lease agreement shall be void and is cause for revocation of the facilities lease. (Ord. 2959 § 1, 1999).

18.10.220 Transactions affecting control of grant.

Any transactions which singularly or collectively result in a change of working control of the grantee, or the working control of a telecommunications system, shall be considered an assignment or transfer requiring city approval pursuant to MVMC 18.10.210. Transactions between affiliated entities are not exempt from city approval unless said affiliated entities are named in the initial application, insurance coverages, and bonds. (Ord. 2959 § 1, 1999).

18.10.230 Revocation or termination of grant.

A right-of-way license or lease granted by the city to use or occupy public rights-of-way or city property may be revoked for any of the following reasons:

A. Construction or operation in the public rights-of-way or city property without a license or lease grant of authorization.

B. Construction or operation at an unauthorized location.

C. The sale, assignment or transfer of a grantee’s license or lease, or a substantial interest therein, when such sale, assignment or transfer leads to a loss or reduction in insurance coverage or the loss or reduction in the protection afforded by any bonds benefiting the city.

D. Misrepresentation by or on behalf of a grantee in any application or written or oral statement upon which the city relies in making the decision to grant, review or amend any license or lease pursuant to this title.

E. Unauthorized abandonment of telecommunications facilities in the public rights-of-way or upon city property.

F. Failure to relocate or remove facilities as required in this title.

G. Failure to pay taxes, compensation, fees or costs when and as due the city.

H. Violation of any material provision of this title.

I. Violation of the material terms of a right-of-way license or lease agreement. (Ord. 2959 § 1, 1999).

18.10.240 Notice and duty to cure.

A. In the event that the city attorney believes that grounds exist for revocation of a right-of-way license or facilities lease, he or she shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:

1. That corrective action has been, or is being, actively and expeditiously pursued to remedy the violation or noncompliance.

2. That rebuts the alleged violation or noncompliance.

3. That it would be in the public interest to impose some penalty or sanction less than revocation.

B. In the event that a grantee fails to provide evidence reasonably satisfactory to the city attorney as provided in subsection A above, the city attorney shall refer the apparent violation or noncompliance to the city council for action to revoke in accordance with the provisions of MVMC 18.10.250. The city council shall provide the grantee with not less than 10, nor more than 30, days’ notice of a revocation hearing, and a reasonable opportunity to be heard concerning the matter. (Ord. 2959 § 1, 1999).

18.10.250 Standards for revocation or lesser sanctions.

A. If the city council determines that a grantee willfully violated or failed to comply with any of the provisions of this title or a license or lease granted under this title, or through willful misconduct or gross negligence failed to heed or comply with any notice given the grantee by the city under the provisions of this title, then the grantee shall, at the election of the city council, forfeit all rights conferred hereunder and the license or lease may be revoked or annulled by the city council.

B. The city council may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including obtaining an order from a court having jurisdiction compelling the grantee to comply with the provisions of this title and any license or lease granted hereunder, and to recover damages and costs incurred by the city by reason of the grantee’s failure to comply.

C. The city council shall utilize the following factors in analyzing the nature, circumstances, extent and gravity of the violation and in making its determination:

1. Whether the misconduct was egregious.

2. Whether substantial harm resulted.

3. Whether the violation was intentional.

4. Whether there is a history of prior violations of the same or other requirements.

5. Whether there is a history of overall compliance.

6. Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 2959 § 1, 1999).

18.10.260 Incorporation by reference.

The provisions of this title shall be incorporated by reference in any license or lease approved hereunder. The provisions of any proposal submitted and accepted by the city shall be incorporated by reference in the applicable license or lease. In the event of any conflict between the proposal, this title, and the license or lease, the license or lease shall be the prevailing document. (Ord. 2959 § 1, 1999).