Title IX
PUBLIC WAYS AND PROPERTY

1 Release Of Easements

2 Excess Right-Of-Way Use

3 Harbor Regulations

4 House Numbering (Rep. by Ord. 4553, 10-2-95)

5 Latecomer’s Agreements

6 Railroad Crossing Regulations

7 Road, Bridge And Municipal Construction Standards

8 Sidewalk Construction

9 Street Closure

10 Street Excavations

11 Street Grid System

12 Subdivision Ordinance (Rep. by Ord. 4723, 5-11-98)

13 Trees And Shrubbery

14 Vacations

15 Weeds And Noxious Matter

16 Special Assessment Districts

CHAPTER 1
RELEASE OF EASEMENTS

SECTION:

9-1-1: Method Of Releasing Easements

9-1-2: Petition For Release, Filing Fee, Signatures, Title Report

9-1-3: Referral Of Petition, Easement Granted Or Retained

9-1-4: Easement Classifications

9-1-5: Easement Release Process

9-1-6: Property Released, Copy Of Ordinance Filed

9-1-7: Compensation From Released Easement

9-1-1 METHOD OF RELEASING EASEMENTS:

It is the intention of the City Council to establish a unified method of releasing easements which have been abandoned and are no longer needed by the City.

9-1-2 PETITION FOR RELEASE, FILING FEE, SIGNATURES, TITLE REPORT:

A.  The owners of an interest in any real estate over which an easement exists within the City may petition the City Council for the release of the easement or any part thereof. The petition shall be on a form prescribed by the City, shall contain a full and correct description of the property sought to be released and shall be signed by the owners of more than two-thirds (2/3) of the property affected by said easement.

B.  Upon the filing of the petition with the City Clerk the petitioning owners shall simultaneously pay an easement filing fee, specified in Section 4-1-180, to compensate the City for administrative costs and expense in processing, checking and handling such application. This fee may be waived by Council action. (Amd. Ord. 4723, 5-11-98)

C.  Sufficiency of Signature: For the purpose of determining the sufficiency of signatures of “owners of private property” on the petition, the following rules shall govern:

1.   The signature of an owner, as determined by the County Assessor shall be sufficient without the signature of his or her spouse.

2.   In the case of mortgaged property or property subject to a contract of purchase, the signature of the mortgagor or the contract vendee, as the case may be, shall be sufficient.

3.   In the case of ownership by a corporation, the signature of any officer authorized by the by-laws or resolution of the board of directors of the corporation shall be sufficient when evidenced by an excerpt of the by-laws or resolution certified by the secretary of the corporation, granting such authority.

4.   In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified personal representative or guardian shall be equivalent to the signature of the owner of the property.

D.  In the case where the “owner of interest” cannot be determined, a current title report may be required to be furnished by the applicant, at the applicant’s expense.

9-1-3 REFERRAL OF PETITION, EASEMENT GRANTED OR RETAINED:

A.  The City Council shall refer the petition to the appropriate Council committee and seek the recommendation of the City department responsible for control, maintenance and use of the easement as to the advisability of the proposed easement release, and the classification of said easement pursuant to Section 9-1-4 of this Chapter. (Amd. Ord. 4860, 9-18-00)

B.  Upon recommendation of the responsible Department Administrator/Director and Council committee, the Council shall determine whether the proposal should be granted, the classification of the easement, and the compensation to be paid (if any), in accordance with Section 9-1-5 of this Chapter. (Amd. Ord. 4860, 9-18-00)

C.  The City further reserves the right to retain the easement for the construction, repair and maintenance of public utilities and public services.

9-1-4 EASEMENT CLASSIFICATIONS:

For the purpose of this Chapter, all easements within the City are hereby declared to be within one of three (3) classes:

CLASS A: All City easements acquired at monetary cost to the City or easements acquired at no monetary cost to the City, but for which expenditures of funds have been made in the improvement or maintenance of same.

CLASS B: All City easements for which no public funds have been expended in the acquisition, improvement or maintenance of same or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement or maintenance thereof.

CLASS C: Same conditions as Class B except there is evidence that the property owners could have substantial monetary gain from release of the easement.

9-1-5 EASEMENT RELEASE PROCESS:

A.  If the petition for easement release is approved by the City Council the applicant may complete the easement release process as follows:

1.   This applicant shall pay an easement release processing fee in an amount as set forth in Section 4-1-180E to defray the remaining administrative costs of processing and completing the proposed easement release. This fee may be waived by Council action. (Ord. 4723, 5-11-98)

2.   In the event of the release of an easement classified as Class A or Class C, the City shall receive compensation which amount for the purposes of this Chapter is to be determined by an appraisal provided by the applicant; provided, that the City Council shall have authority, upon recommendation of the administration, to accept real property of equal value in lieu of cash compensation where the value of the easement to be released is not more than the value of the real property to be acquired by such exchange.

3.   The applicant shall make or cause to be made an appraisal in writing by an M.A.I. or other qualified appraiser, as approved by the City, and furnish the results thereof unto the Department Administrator/Director for evaluation and recommendation to the City Council for acceptance and determination of the compensation due the City. The cost of the appraisal shall be borne by the applicant. The compensation thus determined shall then be paid to the City Clerk. The ordinance releasing such easement shall not be enacted until such payment has been made. (Amd. Ord. 4860, 9-18-00)

4.   In the event of a release of easement classification as Class B, the City shall receive no further compensation other than the easement release processing fee to defray administrative costs of the easement release.

5.   When an easement is released for a governmental agency, and compensation is required, compensation shall be based upon the administrative costs of the release and may, at the discretion of the City Council, be based upon original cost to the City of acquisition.

6.   In the event that the compensation for the release has not been paid within ninety (90) days of the determination by the City Council of the compensation to be paid, the petition shall be deemed to have been abandoned and shall be denied.

9-1-6 PROPERTY RELEASED, COPY OF ORDINANCE FILED:

Upon the release of an easement as hereinabove provided for, the property within the limits so released shall be attached to the property from which it was acquired. If the City Council ascertains and determines that the acquisition of the easement by the City occurred in some proportion other than equally from ownerships, the Council shall set forth in its decision the proportions so established and the released easement shall be conveyed to the owners in such proportions. A certified copy of the ordinance releasing any such easement or part thereof shall be filed for record with the King County Recorder’s office. Additional copies thereof may be furnished to such governmental agencies as may have an interest therein.

9-1-7 COMPENSATION FROM RELEASED EASEMENT:

Compensation received from the released easement shall be placed in the street fund or utility fund whichever is appropriate unless otherwise provided by the City Council. (Ord. 3857, 10-22-84)

CHAPTER 2
EXCESS RIGHT-OF-WAY USE

SECTION:

9-2-1: Creation

9-2-2: Application

9-2-3: Standards Of Review

9-2-4: Fee Determined

9-2-5: Minimum Permit Requirements

9-2-6: Other Property Not Subject To Permit

9-2-7: Definitions

9-2-1 CREATION:

There are hereby created procedures for the granting of revocable permits for the temporary use of excess public right-of-way, and for easements. (Amd. Ord. 4912, 8-20-01)

9-2-2 APPLICATION:

A.  Any person, partnership or corporation desirous of temporarily or permanently using and occupying unneeded and unused public right-of-way and whose property directly abuts and adjoins such public right-of-way, may apply to the Planning/Building/Public Works Administrator or his/her designee to secure a revocable permit or permanent easement for such use. Such application shall include sufficient and specific plans as to the proposed use and any such use and occupancy shall be in compliance with all of the City’s laws and ordinances. If such application is for a permanent easement, that application shall additionally include the following:

1.   Evidence, such as a title policy, title search or other similar mechanism showing that the applicant owns the underlying fee to the public right-of-way; or

2.   If the applicant is not the owner in fee of the property burdened by the right-of-way, then a quit claim deed or easement from the fee owner; or

3.   In doubtful cases, or where ownership cannot be proven, what title history is available, and a covenant running with the land holding the City harmless from any and all later claims for damages, inverse condemnation, injunction or other action premised upon the City’s granting of the permanent easement;

4.   Where the City is the fee owner of the property in question, subsections A.1 through A.3 of this Section shall be satisfied. (Amd. Ord. 4912, 8-20-01; Ord. 5156, 9-26-05)

B.  Whenever application is made for the construction and maintenance of any bus shelter or similar improvement within the core area of the City, then approval thereof shall likewise be given by the City Council’s Transportation Committee. (Ord. 3810, 5-7-84)

9-2-3 STANDARDS OF REVIEW:

A.  Revocable Permits: Prior to the issuance of any revocable permit, the Planning/Building/Public Works Administrator or his/her designee shall find and determine that the City has no foreseeable use or need for such excess or unused public right-of-way for the period of time of the permit.

B.  Permanent Easements: Prior to the issuance of any permanent easement, the Planning/Building/Public Works Administrator or his/her designee shall review the application and determine that the easement is the minimum that will be necessary, that the easement will not negatively affect the current or anticipated future use of the right-of-way, and that the public good, in balance, is furthered by such easement. The easement is intended to allow granting of minor easements for eave overhangs, foundation footings or similar minor uses when approved by the Administrator, when the structures are deemed to be of significant benefit to the City. Such permanent easement shall be limited to no more than three feet in width for underground structures such as foundation footings, and no more than eight feet in width for structures above ground such as eave overhangs or bay windows. In no case shall aboveground structures be less than 14 feet from ground elevation, nor shall they extend over the surface of a paved street, but shall be limited to over sidewalks, alleys, landscape areas, or unimproved areas.

C.  Vacation Of Right-Of-Way: If the subject right-of-way will not be necessary for future public use, then the applicant should be encouraged to apply for a vacation of the right-of-way. The application for use of right-of-way shall be tabled until the applicant refuses to apply for vacation or the vacation is denied by the City Council. If the vacation is granted, the application for use shall be dismissed.

D.  Authority And Conditions: The Planning/Building/Public Works Administrator or his/her designee shall further have the right to impose such conditions or terms as may appear reasonable under the circumstances in order to protect the public safety, welfare, general appearance and aesthetics of the subject area. The Administrator shall likewise have the authority to deny the permit should it find that it is not in the public interest and will not further the public safety, welfare, general appearance and aesthetics of the subject area. (Ord. 4050, 3-9-87; amd. Ord. 4912, 8-20-01; Ord. 5156, 9-26-05)

9-2-4 FEE DETERMINED:

When an application is approved, the Planning/Building/Public Works Administrator or his/her designee shall determine a nonrefundable fee as established by ordinance for the temporary use of the right-of-way or granting of a permanent easement. The fee shall be as stipulated in RMC 4-1-180E. (Ord. 4053, 4-6-87; amd. Ord. 4723, 5-11-98; Ord. 4912, 8-20-01; Ord. 5156, 9-26-05)

9-2-5 MINIMUM PERMIT REQUIREMENTS:

A.  Termination Of Revocable Permits: All revocable permits shall be subject to termination upon thirty (30) days’ written notice by the City. (Ord. 3810, 5-7-84)

B.  Insurance Required: Any easement applicant under this Section or any permittee shall provide, prior to the issuance or grant of any such revocable permit or permanent easement, sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) on account of public liability and not less than fifty thousand dollars ($50,000.00) on account of property damage. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City. Upon showing of a hardship and at the discretion of the Planning/Building/Public Works Administrator or his/her designee, the insurance requirements may be reduced or waived for single-family or two-family residential applications. For municipalities or utilities that are self insured, there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. (Ord. 4087, 10-12-87)

C.  Agreement Required: Any easement holder or permittee shall furnish unto the City an appropriate hold harmless and indemnity agreement as may be approved by the City Attorney and/or a performance or maintenance bond.

D.  Cancellation Or Rescission: In case of any nonpayment of the established fee, or failure to maintain the insurance or indemnity agreement by such user, the revocable permit shall be deemed cancelled, or the easement rescinded. (Amd. Ord. 4912, 8-20-01; Ord. 5156, 9-26-05)

9-2-6 OTHER PROPERTY NOT SUBJECT TO PERMIT:

All other public properties, excluding rights of way, which may be subject to rent or lease, shall remain within the jurisdiction of the executive department of the City, subject to final approval by the legislative body. (Ord. 3810, 5-7-84)

9-2-7 DEFINITIONS:

CORE AREA: For the purposes of this Section, the core area of the City shall be recognized as that area bounded by the center lines of Smithers Avenue S. from S. 4th Place to S. 3rd Street and Logan Avenue S. from S. 3rd Street to the Cedar River, bounded on the north by the Cedar River, east to Mill Avenue S., south to S. 4th Street, and west to Smithers Avenue S. (Ord. 4050, 3-9-87)

PUBLIC BENEFIT: For the purposes of this Section, a use shall be one of “public benefit” when the use of the public right-of-way creates and/or enhances the general public health, safety, welfare, general appearance and aesthetics of the subject area.

Such benefit shall only be recognized when it is provided without remuneration and is offered in excess of the dictates of statutory or regulatory guidelines. (Ord. 4050, 3-9-87; amd. Ord. 4912, 8-20-01)

CHAPTER 3
HARBOR REGULATIONS

SECTION:

9-3-1: Authorization

9-3-2: Definitions

9-3-3: Duties Of The Police Department

9-3-4: Application And Jurisdiction

9-3-5: Negligent Operation

9-3-6: Reckless Operation (Rep. by Ord. 4676, 7-28-97)

9-3-7: Speed Regulations

9-3-8: Interference With Navigation

9-3-9: Tows

9-3-10: Obstructions And The Moving Of Same

9-3-11: Sunken Vessels

9-3-12: Floating Objects

9-3-13: Intoxication

9-3-14: Incapacity Of Operator

9-3-15: Accidents

9-3-16: Accident Reports

9-3-17: Reports, Confidential, Inadmissible As Evidence

9-3-18: Overloading

9-3-19: Excessive Power

9-3-20: Restricted Areas

9-3-21: Swimming

9-3-22: Skin Diving

9-3-23: Water Skiing

9-3-24: Mufflers

9-3-25: Whistles And Lights

9-3-26: Equipment And Numbering

9-3-27: Racing

9-3-28: Fairways

9-3-29: Anchorages

9-3-30: Aircraft On The Water

9-3-31: Rules Of The Road

9-3-32: City Buoy

9-3-33: Propellers

9-3-34: Explosives

9-3-35: Unsafe Piers

9-3-36: Pier Lights

9-3-37: Safety Devices

9-3-38: Pier Barriers

9-3-39: Roadway Barriers

9-3-40: Dangerous Gangways

9-3-41: Boilers

9-3-42: Drifting Debris

9-3-43: Oil

9-3-44: Nuisances

9-3-45: City Floats

9-3-46: Obstructing Traffic

9-3-47: Fire Piers

9-3-48: Patrol Floats

9-3-49: Accounting

9-3-50: Public Health

9-3-51: Boat Livery Records

9-3-52: Liability For Damages

9-3-53: Enforcement

9-3-54: Release From Arrest On Notice To Appear (Rep. by Ord. 4676, 7-28-97)

9-3-55: Public Employees To Obey Harbor Regulations

9-3-56: Exemption To Authorized Emergency Vessels And Watercraft

9-3-57: Aiding And Abetting Violation

9-3-58: Filing Of False Information And Concealment Of Pertinent Facts

9-3-59: Emergency Powers

9-3-60: Decriminalization Of Harbor Regulations

9-3-61: Definitions And Penalties

9-3-62: Criminal Offenses

9-3-1 AUTHORIZATION:

The City of Renton, in the exercise of its police power hereby assumes control and jurisdiction over all waters within its limits, and such waters shall, for the purpose of this Chapter, be known as “The Harbor”.

9-3-2 DEFINITIONS:

For the purpose of this Chapter:

ANCHORAGE: A designated position where vessels or watercraft may anchor or moor.

AQUATIC EVENT: Any organized water event of limited duration which is duly sanctioned at least seven days in advance by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested.

AUTHORIZED EMERGENCY VESSEL: Any authorized vessel or watercraft of the City Police Department, City Fire Department, King County Sheriff’s Department, the United States Government, and State of Washington authorized patrol vessels or watercraft.

CITY: The City of Renton.

DIVER’S FLAG: A red flag five (5) units of measurement on the hoist by five (5) units of measurement on the fly with a white stripe of one unit crossing the red diagonally, the flag to have a stiffener to make it stand out from the pole or mast. This flag shall only pertain to skin and SCUBA (Self Contained Underwater Breathing Apparatus) diving and shall supplement any nationally recognized diver’s flag or marking.

MASTER: The captain, skipper, pilot or any person having charge of any vessel or watercraft.

OBSTRUCTION: Any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation, or which cannot comply with the Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coast and of the Coast of the Gulf of Mexico.

OIL: Any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.

OWNER: The person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession.

PERSON: When necessary, shall be held and construed to mean and include natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number shall, when necessary, be held to mean and include the plural, and the masculine pronoun to include the feminine.

PIER: Any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.

POLICE DEPARTMENT: The Police Department of the City of Renton or any other governmental enforcement agency duly constituted and authorized by the City of Renton, by contract or otherwise provided by law, to enforce the provisions of this Chapter.

RESTRICTED AREA: An area that has been marked in accordance with and as authorized by the laws or regulations of the City to be used for, or closed to, certain designated purposes such as swimming, skin diving, ferry landings, and aquatic events, the method of marking and designation of which shall have been made by the Police Department in accordance with the provisions of this Ordinance.

SKIN DIVING: Any free swimming person and/or any person who uses an artificial or mechanical means to replace his air, including self-contained underwater breathing apparatus, snorkel tube equipment and free diving gear, but shall not mean swimmers using patrolled public beaches designated as swimming areas. (Ord. 2049, 8-26-63)

TESTING COURSE: A course or area on waters subject to the jurisdiction of the City of Renton, designated in accordance with this Chapter or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft and vessels. (Ord. 2209, 1-24-66)

TOWBOAT: Any vessel or watercraft engaged in towing or pushing another vessel or watercraft or anything other than a vessel or watercraft.

VESSEL: (Rep. by Ord. 4676, 7-28-97)

WAKE: The visible trail of turbulence that produces whitewater at the bow and/or stern of a watercraft moving through the water. (Ord. 4987, 10-21-02)

WATERCRAFT: (Rep. by Ord. 4676, 7-28-97)

WATER SKI: (Rep. by Ord. 4676, 7-28-97)

(Ord. 2049, 8-26-63)

9-3-3 DUTIES OF THE POLICE DEPARTMENT:

The duties of the Police Department or any other governmental agency as herein specified shall include the following:

A.  To enforce the ordinances and regulations of the City upon the waters of the harbor and adjacent thereto when the harbor is affected.

B.  To maintain regular patrols in the harbor for the protection of life and property including, but not limited to, the removal and disposition of oil pollution, drifting debris and nuisances from the waters of the harbor.

C.  To investigate and report upon marine and maritime accidents in the harbor.

D.  To perform all necessary functions in connection with search and rescue in the harbor.

E.  To cooperate with the authorities of the United States, the State of Washington and its political subdivisions in the enforcement of the laws and regulations of the United States, the State of Washington and its political subdivision.

F.  To designate, indicate the location of, and to patrol anchorage locations for watercraft or vessels within areas set forth by the ordinances of the City.

G.  To establish, maintain and regulate the use of moorage buoys in the harbor for the convenience of watercraft and vessels. (Ord. 2049, 8-26-63)

H.  To designate restricted areas and testing courses. (Ord. 2209, 1-24-66)

9-3-4 APPLICATION AND JURISDICTION:

The provisions of this ordinance shall be applicable to all vessels and watercraft operating in the harbor of this City. The provisions of this Chapter shall be construed to supplement United States laws and State laws and regulations when not expressly inconsistent therewith in the harbor where such United States and State laws and regulations are applicable.

9-3-5 NEGLIGENT OPERATION:

Any person who shall operate any watercraft in a manner so as to endanger or be likely to endanger any person or property or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft to stop within the assured clear distance ahead, shall be guilty of negligent operation and a violation of this Chapter.

9-3-6 RECKLESS OPERATION:

(Rep. by Ord. 4676, 7-28-97)

9-3-7 SPEED REGULATIONS:

A.  Within the harbor limits of the City of Renton it shall be unlawful for any person to operate any watercraft or vessel at a speed in excess of eight (8) nautical miles per hour within one hundred (100) yards of any shoreline, pier, restricted area or shore installation. The operation of a vessel with a designed planing hull while being operated on a plane shall be prima facie evidence of speed in excess of eight (8) miles per hour.

B.  It shall be unlawful for any watercraft to create a wake within one hundred (100) yards of any shoreline or bridge, or shore installation. (Ord. 4987, 10-21-02)

9-3-8 INTERFERENCE WITH NAVIGATION:

No person shall operate any watercraft or vessel in a manner which shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under bridges or in heavily travelled channels shall constitute such interference if unreasonable under the prevailing circumstances.

9-3-9 TOWS:

No tow boat shall tow any raft or boom of logs or piles or other tow within the harbor area which is in excess of twelve hundred feet (1200’) in length.

9-3-10 OBSTRUCTIONS AND THE MOVING OF SAME:

A.  No master or person having charge of any vessel, watercraft or obstruction shall anchor the same in any anchorage or fairway nor make the same fast to any buoy, pier or other structure owned by or under the authority and control of the City without obtaining permission therefor from the Police Department.

B.  No master, owner or other person in charge of any towboat shall, while towing any vessel, watercraft or obstruction obstruct any channel or fairway.

C.  The Police Department or any duly authorized officer shall have the power to order:

1.   Any vessel, watercraft or obstruction anchored in any channel or fairway or made fast to any buoy, pier or other structure owned by or under the authority and control of the City,

2.   Any towboat and/or its tow obstructing navigation in any channel or fairway, and

3.   Any vessel, watercraft or obstruction lying at any pier in the harbor, which is obstructing any slip, fairway or other vessel or watercraft,

to be removed, and it shall be unlawful to fail, neglect or refuse to do so.

9-3-11 SUNKEN VESSELS:

When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the Police Department may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the Police Department may take immediate possession thereof and remove the same, using such methods as in its judgment will prevent unnecessary damage to such vessel or watercraft or obstruction, and the expense incurred by the Police Department in such removal shall be paid by such vessel or watercraft or obstruction or the owner or other person in charge thereof; and in case of failure to pay the same, the City may maintain an action for the recovery thereof.

9-3-12 FLOATING OBJECTS:

All vessels, watercraft, logs, piling building material, scows, houseboats or any other article of value found adrift in Renton Harbor, may be taken in charge by the Police Department and shall be subject to reclamation by the owner thereof, on payment by him to the City of any expenses incurred by the City and in case of failure to reclaim may be sold or disposed of according to law.

9-3-13 INTOXICATION:

A.   (Rep. by Ord. 4676, 7-28-97)

B.  It shall be unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic or habit-forming drugs.

C.  Whenever it appears reasonably certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any narcotic drug is about to operate a watercraft or vessel in violation of subdivision A of this Section, said officer may take reasonable measures to prevent any such person from so doing, either by taking from him the keys of such watercraft or vessel and locking the same, or by some other appropriate means. In any such case said officer shall immediately report the facts to his superior and shall, as soon as possible, deposit said keys or other articles, if any, taken from said watercraft or vessel or person with said superior officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is no longer under the influence of intoxicating liquor or narcotic drug.

9-3-14 INCAPACITY OF OPERATOR:

It shall be unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability in incapable of operating such vessel or watercraft under the prevailing circumstances.

9-3-15 ACCIDENTS:

Adoption by Reference: RCW 79A.60.200 (1) and (2) as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by this reference as if fully set forth herein. (Amd. Ord. 4987, 10-21-02)

9-3-16 ACCIDENT REPORTS:

The master, owner or operator of any watercraft shall file a report within forty eight (48) hours with the Police Department of any accident involving death or personal injury requiring medical treatment or property damage in excess of two hundred dollars ($200.00) in which such watercraft shall have been involved in Renton Harbor.

9-3-17 REPORTS, CONFIDENTIAL, INADMISSIBLE AS EVIDENCE:

All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department, City Attorney, or other peace and enforcement officer as provided herein, except that any such officer may disclose the identity of a person reported as involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Police Department, solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law.

9-3-18 OVERLOADING:

A.  No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner taking into consideration weather and other existing operating conditions.

B.  Whenever it appears reasonably certain to any police officer that any person is operating a watercraft or vessel loaded beyond its safe capacity, said officer may take reasonable measures to prevent any such person from so operating the craft, either by taking from him the keys of such craft and locking the same, or by other appropriate means. In any such case, said officer shall immediately report the facts to his superior and shall, as soon as possible, deposit said keys or other articles, if any, taken from said watercraft or vessel or person with said superior officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is the owner of the watercraft and the conditions under which the officer took preventive measures no longer exist. (Ord. 2049, 8-26-63)

9-3-19 EXCESSIVE POWER:

A.  No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions except as otherwise provided for in this Section.

B.  Testing Courses: The Chief of Police and any of his authorized deputies or employees shall establish and designate testing courses, and may prescribe reasonable rules and regulations governing their use, having at all times due regard for the residential, recreational and industrial use of the City of Renton.

      Manufacturers of experimental and production watercraft and vessels shall apply for reasonable locations, boundaries and conditions of use for testing courses. After approval thereof has been granted by the Chief of Police, they may commence the use of such testing courses in conformity, with the filed information and all applicable laws and regulations. No unauthorized person shall operate a vessel or watercraft or swim or skin dive within a duly established testing course during permitted testing operations, and the permittee, when requested by the Police Chief or any other authorized deputy or employees, shall duly post or otherwise give notice of such testing by proper flag or signs. (Ord. 2209, 1-24-66)

9-3-20 RESTRICTED AREAS:

In the interests of safe navigation, life, safety and the protection of property, the Police Department shall designate restricted areas and the purpose for which same shall be used. No person shall operate a vessel or watercraft within a restricted area; provided, that this Section shall not apply to vessels or watercraft engaged in or accompanying the activity to which the area is restricted nor to patrol or rescue craft or in the case of an emergency.

9-3-21 SWIMMING:

Swimming in the harbor shall be confined to:

A.  Restricted swimming areas, or

B.  To within a distance of fifty feet (50’) from the shore, or a pier unless the swimmer is accompanied by a watercraft.

9-3-22 SKIN DIVING:

Skin diving shall be prohibited in the harbor:

A.  Skin diving shall be prohibited in the harbor within three hundred feet (300’) of any ferry slip, public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit therefor issued by the Police Department and except for commercial diving, or

B.  In any other area unless the diver shall be accompanied by a watercraft or the area in which he is diving shall be marked by an adequately displayed diver’s flag.

9-3-23 WATER SKIING:

A.  No watercraft which shall have in tow or shall be otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivances shall be operated or propelled in the harbor unless such be occupied by at least two (2) competent persons; provided, that this subsection shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions, or trials therefor.

B.  It shall be unlawful to water ski or to tow or otherwise assist anyone on water skis, aquaplane, surfboard, or similar contrivance, upon the following water: within one hundred (100) yards of shore installations on Lake Washington and adjacent waters. Water skiers may start at a shore installation but must head away from shore to a point at least one hundred (100) yards before skiing parallel with the shore. The return to the shore must be on ninety degree (90°) angles to the shore line.

C.  No watercraft shall have in tow or shall otherwise be assisting a person on water skis, aquaplane, surfboard, or similar contrivance from sunset to sunrise; provided, that this subsection shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions, or trials therefor.

D.  All watercraft having in tow or otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivance, shall be operated in a careful and prudent manner and shall remain at all times at a reasonable and prudent distance from the person and property of others.

E.  Any person on water skis, aquaplane, surfboard or similar contrivance shall conduct himself upon the same in a careful and prudent manner and shall remain at all times a reasonable and prudent distance from the person and property of others.

9-3-24 MUFFLERS:

It shall be unlawful to use or operate any engine in or on Renton Harbor unless said engine is operated with and connected to a muffler or silencer of sufficient size and capacity effectually to muffle and prevent excessive or unusual noise from the exhaust of said engine.

9-3-25 WHISTLES AND LIGHTS:

It shall be unlawful for the master, owner or any other person in charge of any watercraft or vessel, while lying at any pier or while navigating in Renton Harbor, unnecessarily to cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of a searchlight or other blinding light onto the bridge or into the pilot house of any vessel or watercraft under way for any purpose other than those authorized by law.

9-3-26 EQUIPMENT AND NUMBERING:

All watercraft or vessels shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws as now or hereafter amended.

If an infraction is issued under this Section because a vessel does not contain the required equipment and if the operator is not the owner of the vessel, but is operating the vessel with the express or implied permission of the owner, then either or both operator or owner may be cited for the infraction. (Ord. 2049, 8-26-63; amd. Ord. 4987, 10-21-02)

9-3-27 RACING:

Nothing in the provisions of this Chapter shall be construed to mean that the operator of a watercraft competing in a race or regatta, or trials therefor, which has been duly authorized by an appropriate governmental agency or authority, or an operator engaged in industrial development and testing of experimental and production watercraft and vessels as hereinabove specified, shall be prohibited from attempting to attain high speeds on duly designated and indicated racing or testing courses, nor while engaged in such racing or testing shall such watercraft or vessels be required to comply with Sections 9-3-7, 9-3-18, 9-3-19A, 9-3-25 and 9-3-26 of this Chapter.

9-3-28 FAIRWAYS:

All waters herein specified, subject to reservations for anchorage and restricted areas and testing courses during testing activities, shall be known as “fairways” and shall not be obstructed in any manner whereby navigation may be endangered or impeded, and shall

include, subject to such reservations, the following waters: (Ord, 2209, 1-24-66)

A.  All of Lake Washington lying or being within the corporate limits of the City of Renton or within the jurisdiction and control of the City.

B.  All navigable waters in the projection of public streets, lying on the landward side of the other harbor line shall be fairway. It shall be unlawful for the master or other person in charge of any vessel, watercraft or obstruction to anchor, tie or make fast the same in any such fairway for a longer period of time than reasonably sufficient to load or unload the same except that the Police Department may, in its discretion, grant any permit for the use of such fairway for a longer period of time whenever in its judgment such use will not interfere with the use of the fairway by any other vessel.

9-3-29 ANCHORAGES:

Lake Washington Anchorage: Whenever deemed advisable by the Police Department, it may grant a written permit to the master or owner of any vessel or watercraft for the anchorage or mooring of said vessel or watercraft outside of the outer harbor line, or in any unused slip, or in any street end, on Lake Washington, at such locations as it shall determine will not interfere with or impede navigation.

9-3-30 AIRCRAFT ON THE WATER:

All vessels or watercraft shall keep clear of aircraft landing within any area now or hereafter set aside by law for such purpose. Aircraft on the water shall keep clear of all vessels and watercraft and avoid impeding their navigation. (Ord. 2049, 8-26-63)

9-3-31 RULES OF THE ROAD:

Except as herein otherwise specified, vessels or watercraft shall be subject to the Rules to Prevent Collisions of Vessel’s and Pilot Rules for Certain Inland Waters of the Atlantic Pacific Coasts and of the Coast of the Gulf of Mexico (C.F. 236479), promulgated by the United States Coast Guard, pursuant to Act of Congress, as such rules are now or may hereafter from time to time be adopted, and be it further provided that sailing vessels or other watercraft, while engaged in a sanctioned or authorized race, predicted log race, regatta, or similar event shall be subject to the applicable rules for such event including, but not limited to differing right-of-way rules. (Ord. 2209, 1-24-66)

9-3-32 CITY BUOY:

The Police Department shall be the sole judge of any and all use made of any City buoy and its decision as to the same shall be final and conclusive.

9-3-33 PROPELLERS:

No master, owner or other person in charge of any vessel or watercraft shall, while the same is lying in any slip or at any pier, either cause or allow the propeller or wheel of such vessel or watercraft to be worked in such a manner as to endanger any other vessel, watercraft, or structure.

9-3-34 EXPLOSIVES:

Every vessel or water craft approaching or passing any vessel or watercraft engaged in the transfer of explosives and from which is displayed the red powder flag shall slow down to a speed of not exceeding six (6) nautical miles an hour before coming abreast of such vessel or watercraft and in time to prevent accident by reason of swells. (Ord, 2049, 8-26-63)

9-3-35 UNSAFE PIERS:

Whenever any pier or gangway devoted to passenger traffic shall be damaged or appear to the Police Department to become unsafe so as to render the same, or any portion thereof, unsafe for life or property, the Police Department shall report the matter to the City Director of Public Works who shall inspect the same and shall order any unsafe portion thereof barricaded with proper fencing until such time as necessary repairs thereto shall be made, and if the owner, agent or lessee of such pier shall fail to comply with the orders of the Director of Public Works immediately, the Director of Public Works shall prohibit the use of the unsafe portion of such pier and may erect the necessary fencing or barricade and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City. (Ord. 2049, 8-26-63; amd. Ord. 2823, 1-21-74, eff. 1-30-74)

9-3-36 PIER LIGHTS:

In the interests of safe navigation and the protection of property the Police Department shall establish standards for the lighting of piers in the harbor. Between the hours of sunset and sunrise all piers shall be kept lighted in accordance with the requirements of the Police Department. All walks, passageways, openings or gangways upon any pier upon or through which passengers may pass shall be kept adequately lighted between sunset and sunrise.

9-3-37 SAFETY DEVICES:

Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one serviceable thirty inch (30") ring life buoy, and one serviceable thirty inch (30") ring life buoy for every three hundred (300) lineal feet of berthing space to each of which shall be attached at least two hundred feet (200’) of suitable line, one end of which shall be fastened to the ring buoy. Each ring buoy and line attached thereto, shall be kept in a suitable box on the pier for the use of the public in case of accident, which box shall be properly labeled and be at all times kept clear of obstructions, and it shall be unlawful to take away, molest, injure or destroy the same or either of them or to disturb the same, or either of them, except for use in saving life and property.

9-3-38 PIER BARRIERS:

Every owner, lessee or agent of any pier open to the public use to or from vessels or watercraft or for any other purpose, shall guard the frontage of any highway by substantial and adequate fences or other barriers and shall guard the sides and face thereof in a similar manner if used as a thoroughfare to or from any vessel or watercraft. All necessary openings or passages in such fences or barriers shall be provided with substantial gates which shall be closed and securely fastened when not in use.

9-3-39 ROADWAY BARRIERS:

Any person owning or operating or having control of any trestle, road or roadway or spur track over or upon the harbor which is open to the public as a way for travel, shall guard the same by adequate fences or barriers along the side or sides thereof, and at any or all other exposed or dangerous places and where not open as a way for travel substantial and adequate fences or barriers shall be provided to prevent the use of the same by the public, and upon failure so to do, the Police Department shall order such facility closed, or may close the same until the same shall be made to conform to the requirements hereof, and any expense incurred in so doing shall be paid to, and recoverable by, the City of Renton from the person owning or operating the same. (Ord. 2049, 8-26-63)

9-3-40 DANGEROUS GANGWAYS:

Whenever any gangway devoted to public use shall appear to be dangerous to the Police Department for such use, it shall report the matter to the Director of Public Works who shall inspect the same and shall forbid the use of such gangway for such purpose until the same shall have been repaired or reconstructed so as to render the same safe for such use and until the same and until the same as so reconstructed or repaired has been inspected by the City Superintendent of Buildings and its use for such purpose approved by him. (Ord. 2049, 8-26-63: amd. Ord. 2823, 1-21-74, eff. 1-30-74)

9-3-41 BOILERS:

It shall be unlawful for the master of any vessel or watercraft or the engineer or person in charge of any engine or fire room thereof, to blow down boilers and/or tubes or emit soot therefrom or cause or allow the same to be done while lying at any pier, except through an underwater exhaust or outlet.

9-3-42 DRIFTING DEBRIS:

It shall be unlawful for the owner, agent or lessees in charge of any pier to allow the whole or any part thereof to fall into or remain adrift in the navigable waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier, and upon failure so to do, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City.

9-3-43 OIL:

No owner, master or other person in charge of any vessel or watercraft, and no engineer, or other person in charge of any engine room or machinery of any vessel or watercraft, and no owner, lessee, agent, employee, or other person in charge of or employed in or about any pier, or other structure, and no person along or upon the shore of the harbor, shall spill, throw, pump or otherwise cause oil of any description to be or float upon the waters of the harbor. Any person causing oil to be upon the waters as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water. The payment of such sum, or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage.

9-3-44 NUISANCES:

Sunken vessels or water craft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof,

timber, logs, piles, boon sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are hereby declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in Renton Harbor, or upon the shores thereof or in such position that the same may or can be washed into said harbor, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the person creating said nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder.

9-3-45 CITY FLOATS:

All City floats or piers now or hereafter established, except as hereinafter specified, may be used by watercraft for dockage purposes, other than the handling of freight, free of charge for lying time not to exceed forty eight (48) consecutive hours at any one time. After such period the use of such facilities shall be only with the written permission and at the sole discretion of Police Department.

9-3-46 OBSTRUCTING TRAFFIC:

The determination of the Police Department shall be final and conclusive as to all questions relating to the handling of freight or merchandise or as to the position of any vessel or watercraft at any pier or other structure belonging to the City of Renton, and all persons handling or in charge of freight or merchandise or vessels or watercraft, shall handle the same expeditiously and without interference with or blocking general traffic and without interfering with commerce and navigation.

9-3-47 FIRE PIERS:

No passengers, freight or merchandise shall be handled over any location designated for the use of fire boats or other emergency vessels, nor shall such location be used for any purpose whatever other than Municipal purposes.

9-3-48 PATROL FLOATS:

The Police Department shall designate locations for such floats as may be necessary for patrol boats and shall prescribe rules and regulations for the use of such floats.

9-3-49 ACCOUNTING:

The Police Department shall keep accurate and detailed account of all moneys received or disbursed by it in the performance of its duties, which books of account shall be furnished by and be the property of the City of Renton which shall at all times, within office hours, be open to inspection by the public and at all times to inspection and audit by the proper department or departments of the City.

9-3-50 PUBLIC HEALTH:

All watercraft and vessels entering or in the harbor shall comply with the applicable public health laws and regulations of the United States, the State of Washington and its political subdivisions.

9-3-51 BOAT LIVERY RECORDS:

The owner or proprietor of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any watercraft, the identification number of such watercraft, the departure date and time of the return of such watercraft. Such record shall be preserved for not less than six months after the departure date of such watercraft and shall be kept available for inspection by any duly authorized agency or authority prior to departure from the premises of such boat livery any such watercraft shall carry the equipment required by this Chapter.

9-3-52 LIABILITY FOR DAMAGES:

Nothing in this ordinance shall be construed so as to release any person owning or controlling any vessel, watercraft, pier, obstruction or other structure, from any liability for damages, and the safeguards to life and property required in this Chapter shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law.

9-3-53 ENFORCEMENT:

The Police Department and any of its authorized deputies or employees and authorized personnel of the governments of the United States, the State of Washington or its political subdivision by virtue of their election or appointment shall have authority to enter upon and inspect any vessel or watercraft in the harbor and are hereby charged with the enforcement of the provisions of this Chapter except as the enforcement thereof is herein otherwise specified. It shall be the duty of the Police Department to make complaints for any violation of the same, or any part hereof in the name of the City; provided, that this provision shall not operate to preclude the making of such complaint by any other person legally authorized so to do.

9-3-54 RELEASE FROM ARREST ON NOTICE TO APPEAR:

(Rep. by Ord. 4676, 7-28-97)

9-3-55 PUBLIC EMPLOYEES TO OBEY HARBOR REGULATIONS:

The provisions of this Chapter shall apply to the operator of any vessel or watercraft owned by or used in the service of the United States government, or of this State or of any political subdivision thereof.

9-3-56 EXEMPTION TO AUTHORIZED EMERGENCY VESSELS AND WATERCRAFT:

The provisions of this Chapter shall be applicable to the operation of any and all vessels or watercraft in the harbor of the City except that they shall not apply in the following cases:

A.  To any authorized emergency vessel or watercraft actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized; provided, that the provisions of this Section shall not relieve the operator of an authorized emergency vessel or watercraft of the duty to operate with due regard for the safety of all persons using the City Harbor, nor shall it protect the operator of any such emergency vessel or watercraft from the consequence of a reckless disregard for the safety of others; provided further, the provisions of this Section shall in no event extend any special privilege or immunity in operation of an authorized emergency vessel or watercraft for any purpose other than for which the same has been authorized.

9-3-57 AIDING AND ABETTING VIOLATION:

It is unlawful to counsel, aid, or abet the violation of, or failure to comply with any of the provisions of this Chapter.

9-3-58 FILING OF FALSE INFORMATION AND CONCEALMENT OF PERTINENT FACTS:

It shall be a violation of this Chapter for any master, owner, operator or other occupants of any vessel or watercraft involved in a reportable accident under the provisions of this Chapter or involved in any violation of this Chapter to wilfully and knowingly file false information and/or conceal pertinent facts to the accident or violation with the persons duty authorized to investigate the said accident or violation. This Section shall constitute a separate violation and shall not preclude prosecution for the original violation or accident.

9-3-59 EMERGENCY POWERS:

The Police Department is hereby authorized to direct all waterborne traffic, either in person or by means of visible or audible signal in conformance with the provisions of this Chapter; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers, or in the event of a fire or other emergency such officers, and other authorized officers of appropriate governmental agencies or authorities, may direct waterborne traffic as conditions may require, notwithstanding the provisions of this Chapter. (Ord. 2049, 8-26-63)

9-3-60 DECRIMINALIZATION OF HARBOR REGULATIONS:

Violation of any Section of this Chapter, except those designated as misdemeanors or gross misdemeanors in Section 9-3-62, and except as provided in RCW 79A.60.020, shall constitute a civil infraction punishable in accordance with RCW 7.84.100. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)

9-3-61 DEFINITIONS AND PENALTIES:

Adoption by Reference: RCW 7.84.100, RCW 79A.60.010 and RCW 79A.60.020 as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by reference as if fully set forth herein. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)

9-3-62 CRIMINAL OFFENSES:

Adoption by Reference: RCW 7.84.130, RCW 79A.60.040, RCW 79A.60.080, RCW 79A.60.120, RCW 79A.60.160, RCW 79A.60.170, RCW 79A.60.180, and RCW 79A.60.190, as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by reference as if fully set forth herein.

Violation of any of the foregoing statutes, unless otherwise designated in the statute, shall constitute a misdemeanor punishable in accordance with RCW 9.92.030, except that violation of RCW 79A.60.080 shall constitute a gross misdemeanor punishable in accordance with RCW 9.92.020. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)

CHAPTER 4
HOUSE NUMBERING
(Rep. by Ord. 4553, 10-2-95)

CHAPTER 5
LATECOMER’S AGREEMENTS

SECTION:

9-5-1: Authority

9-5-2: Application

9-5-3: Preliminary Notice Of Latecomer’s Agreement And Appeal Rights

9-5-4: Preliminary Approval

9-5-5: Final Latecomer’s Agreement

9-5-6: Execution, Recording And Notice

9-5-7: Contract Finality

9-5-8: Title To Improvement And Assignment Of Benefit

9-5-9: Tender Of Fee

9-5-10: Release Of Assessment

9-5-11: Term Of Life

9-5-12: Fees

9-5-13: City Not Responsible

9-5-14: Improvements Constructed By Developer

9-5-15: Interest

9-5-16: Segregation And Relief Of Latecomer’s Fees (Rep. by Ord. 4723)

9-5-1 AUTHORITY:

The City has the discretionary power to grant latecomer’s agreements to developers and owners for the reimbursement of a pro rata portion of the original costs of water systems, sanitary sewer systems, storm water drainage systems and street improvements including signalization and lighting. The authority to approve a latecomer’s agreement is vested in the City Council. (Ord. 4443, 3-28-94)

9-5-2 APPLICATION:

Application for a latecomer’s agreement shall be made thirty (30) days prior to issuance of the construction permit. Application may be by letter to the Mayor and City Council requesting a latecomer’s agreement, or upon forms prepared by the Planning/Building/Public Works Department. Any application for a latecomer’s agreement shall contain the following information:

A.  Legal description of applicant’s property.

B.  Legal description of the benefited properties.

C.  Vicinity maps of applicant’s property, benefiting properties and the location of the improvement.

D.  Estimated cost data and inventory for the improvements.

E.  Proposed pro rata share of the cost of the improvement to be borne by the benefiting properties, and a proposed method of assessment of that pro rata share to the individual benefiting properties.

F.  Payment of full amount of nonrefundable processing fee pursuant to RMC 4-1-180A. (Ord. 4443, 3-28-94; amd. Ord. 4723, 5-11-98)

9-5-3 PRELIMINARY NOTICE OF LATECOMER’S AGREEMENT AND APPEAL RIGHTS:

The Planning/Building/Public Works Department shall determine the preliminary latecomer’s area boundaries and draft the legal description of the latecomer’s boundary and a preliminary latecomer’s boundary map. The City Clerk shall mail a notice to all owners of record of property within the latecomer’s boundary and to the developer or holder of the latecomer’s agreement. The notice shall include an approximation of the preliminary assessment, the proposed latecomer’s boundary map and the description of the property owners’ rights and options to participate in the latecomer’s agreement. This preliminary notice form will not be recorded with King County. The property owners may, upon payment of the seventy five dollar ($75.00) appeal fee, request an appeal hearing before the City Council within twenty (20) days of the mailing. Appeals must adhere to the criteria established under Section 9-5-5C of this Chapter but will be limited to the issue of whether or not a specific property should be included in the latecomer’s area. The City Council, by ordinance or voice vote, may delegate the Hearing Examiner or other hearing officer to hold the requisite public hearing and establish a record, together with a recommendation for the City Council. The City Council’s ruling is determinative and final. (Ord. 4443, 3-28-94)

9-5-4 PRELIMINARY APPROVAL:

A.  The City Council may grant preliminary approval for a latecomer’s agreement based upon the information contained in the request for a latecomer’s agreement and any input from the Administrator, or the City Council may request further information from the applicant and/or the Administrator, or the City Council may deny the preliminary latecomer’s agreement. As part of any preliminary approval, the Council shall indicate the duration for which the latecomer’s will be approved, after completion of the improvements, which approval period shall not be more than fifteen (15) years. No extensions will be granted beyond the period of time established by City Council.

B.  Following preliminary approval by the City Council, the holder of the latecomer’s agreement shall submit to the Administrator any further information requested by the Administrator or the City Council. (Ord. 4443, 3-28-94)

9-5-5 FINAL LATECOMER’S AGREEMENT:

A.  Preparation of Proposed Final Assessment Roll: Following construction, the Planning/Building/Public Works Department shall prepare a final proposed latecomer’s agreement which will include a legal description and a map of the latecomer’s boundary. The cost of the improvements will be spread among the property owners based upon their pro rata share of said costs. The costs will become payable upon the issuance of a City permit authorizing the benefiting property owner(s) to construct improvements that would allow the user(s) property to derive direct benefit from these facilities. The method of assessment to be used will be one or more of the following methods, unless otherwise approved or directed by the City Council:

1.   Front foot method.

2.   Zone front foot method.

3.   Square footage method.

4.   Trip generation (traffic) method.

5.   Other equitable method, as determined by the City.

6.   Any combination of the above methods.

      The method(s) used and the dollar amount(s) will be included in the final latecomer’s agreement.

B.  Final Notice of Latecomer’s Agreement: The City Council receives the final latecomer’s agreement and if the agreement is approved, directs the staff to send out notices of the latecomer’s potential assessment and the right to appeal. The City Council retains the right to rule on the final action. Following Council approval of the final latecomer’s agreement, the City Clerk shall mail a notice to all owners of record of property within the latecomer’s boundary and to the developer or holder of the latecomer’s agreement. The notice shall include the final assessment per unit charge, the legal description and a map of the latecomer’s boundaries, and the description of the property owners’ rights and options to participate in the latecomer’s agreement.

C.  Appeal:

1.   Within twenty (20) days of the date of the mailing, any property owner may submit an appeal in writing to the City Council, c/o City Clerk. An appeal must include a statement of claimed errors concerning the proposed assessment, and must be accompanied by a seventy five dollar ($75.00) nonrefundable fee. Errors which are not set forth in writing and which do not adhere to the criteria listed below will not be considered.

2.   Objections by a benefiting property owner to the recording of a potential assessment against their property does not constitute a valid appeal.

3.   Errors identified in an appeal must be related to cost, methodology for cost distribution, or benefit to the property as described below:

a.   Cost: If the benefiting property owner contests these costs, he or she must provide a basis for the claimed discrepancy, such as an estimate from a contractor or other reliable source. (Amd. Ord. 4890, 2-5-01)

b.   Costs Methodology: If the benefiting property owner contests the cost methodology used, they have to show why it is not equitable and provide their suggested alternate method of assessment and the justification for its use in place of the staff recommended method.

c.   Benefit: If a benefiting property owner contests benefit, he or she must provide a statement or documentation on why a particular parcel has no future potential benefit. (Amd. Ord. 4890, 2-5-01)

4.   Upon receipt of an appeal and the required fee, the City Clerk shall transmit the appeal and the official file to the City Council. The City Council may delegate to the Hearing Examiner the responsibility to hold a public hearing, establish the record and provide a written report containing a recommendation to the City Council. Following the public hearing, the Hearing Examiner shall issue a written recommendation which is mailed to parties of record. Pursuant to City Code Section 4-8-15 any party of record may request reconsideration within fourteen (14) days of the issuance of the Hearing Examiner’s report. Following expiration of the reconsideration period, the Hearing Examiner shall submit his written recommendation to the City Council on the Council meeting agenda for concurrence. The City Council shall concur with, alter or deny the Hearing Examiner’s recommendation.

D.  Council Action: If no appeal is filed, the City Council’s initial approval shall grant the latecomer’s agreement and authorize the developer, Mayor and City Clerk to sign the document. If an appeal is filed and if delegated to the Hearing Examiner for a hearing and the Council concurs with specific recommendations made by the Hearing Examiner as a result of the public hearing, these recommendations shall be incorporated into the latecomer’s agreement. Following approval, alteration or denial of the Hearing Examiner’s recommendation, if any, on the appeal, the Council shall grant the latecomer’s agreement and authorize the developer, Mayor and City Clerk to sign the document. (Ord. 4443, 3-28-94)

9-5-6 EXECUTION, RECORDING AND NOTICE:

The latecomer’s agreement is mailed to the developer by the City Clerk and must be signed, notarized and returned within sixty (60) days of the date of Council approval for execution by the Mayor and City Clerk. If not consummated within the sixty (60) day period, the latecomer’s agreement will become null and void. The City Council can give consideration to extending this period by a showing of hardship or excusable neglect on the part of the holder of the latecomer’s agreement. The fully executed latecomer’s agreement shall be recorded in the official property records of King County, Washington. (Ord. 4443, 3-28-94)

9-5-7 CONTRACT FINALITY:

Once the latecomer’s agreement together with a legal description and a map of the latecomer’s boundary are recorded with the County, it shall be binding on owners of record within the assessment area. Following receipt from King County of the recorded latecomer’s agreement, the City Clerk will mail a copy of the recorded agreement to the holder of the latecomer’s agreement. (Ord. 4443, 3-28-94)

9-5-8 TITLE TO IMPROVEMENT AND ASSIGNMENT OF BENEFIT:

Before the City will collect any latecomer’s fee, the holder of the latecomer’s agreement will transfer title to all of the improvements under the latecomer’s agreement to the City. The holder of the latecomer’s agreement will also assign to the City the benefit and right to the latecomer’s fee should the City be unable to locate the holder of the latecomer’s agreement to tender any latecomer’s fee that the City has received. The holder of the latecomer’s agreement shall be responsible for keeping the City informed of their correct mailing address. Should the City be unable to locate the holder of the latecomer’s agreement in order to deliver a latecomer’s fee, the City shall undertake an independent investigation to determine the location of the holder of the latecomer’s agreement. Should the City, after a good faith attempt to locate the holder of the latecomer’s agreement, be unable to do so, the latecomer’s fee shall be placed in the Special Deposit Fund held by the City for two (2) years. At any time within the two (2) year period the holder of the latecomer’s agreement may receive the latecomer’s fee, without interest, by applying to the City for that latecomer’s fee. After the expiration of the two (2) year period, all rights of the holder of the latecomer’s agreement to that fee shall expire, and the City shall be deemed to be the owner of those funds. (Ord. 4443, 3-28-94)

9-5-9 TENDER OF FEE:

When the City has received the funds for a latecomer’s fee, it will forward that fee, if possible, to the current holder of the latecomer’s agreement at the current address of the holder of the latecomer’s agreement that is on file with the City, within thirty (30) days of receipt of the funds. It is the responsibility of the holder of the latecomer’s agreement to keep his/her address current with the City. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the City. Should the City fail to forward the latecomer’s fee to the holder of the latecomer’s agreement through the City’s sole negligence, then the City shall pay the holder of the latecomer’s agreement simple interest on those monies at the rate of twelve (12%) percent per annum. However, should the holder of the latecomer’s fee not keep the City informed of its current correct mailing address, or should the holder otherwise be negligent and thus contribute to the failure of the City to pay over the latecomer’s fee, then no interest shall accrue on late payment of the latecomer’s fee. (Ord. 4443, 3-28-94; amd. Ord. 4890, 2-5-01)

9-5-10 RELEASE OF ASSESSMENT:

When funds are received for a latecomer’s fee, the City will post said payment on the City’s assessment data base for the real property owned by the party paying the latecomer’s fee, within thirty (30) days of receipt of the funds. An individual certificate of payment will not be recorded with King County. The City will record a certificate of payment and release of assessment for the entire latecomer’s area when all the property owners have paid their assessment or upon expiration of the term of life of the latecomer agreement. (Ord. 4443, 3-28-94; amd. Ord. 4890, 2-5-01)

9-5-11 TERM OF LIFE:

When authorized by the City Council, a latecomer’s agreement can be granted for a period of up to but not to exceed fifteen (15) years. No extensions will be granted beyond the period of time established by City Council. The latecomer’s agreement will expire at the end of the period of time established by the City Council. (Ord. 4443, 3-28-94)

9-5-12 FEES:

There shall be paid to the City a non-refundable processing fee as set forth in RMC 4-1-180A.1. (Ord. 4443, 3-28-94; amd. Ord. 4723, 5-11-98)

9-5-13 CITY NOT RESPONSIBLE:

By instituting the latecomer’s agreement the City does not agree to assume any responsibility to enforce the latecomer’s agreement. The final latecomer’s agreement recorded with King County will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The holder of the latecomer’s agreement has responsibility to monitor those parties connecting to the improvement. Should the City become aware of such a connection, it will use its best efforts to collect the latecomer’s fee, but shall not incur any liability should it inadvertently fail to collect the latecomer’s fee. (Ord. 4443, 3-28-94)

9-5-14 IMPROVEMENTS CONSTRUCTED BY DEVELOPER:

Improvements may be installed by developer per approved plans following issuance of the construction permit and payment of applicable permit and development fees. The notification and appeal process, established by this Chapter, may result in a decision by the City Council which would alter the potential payment to the beneficiary of the latecomer’s agreement. If the beneficiary proceeds to construction prior to either the preliminary or City Council approval of the latecomer’s agreement following all appeals, the beneficiary does so at the beneficiary’s own risk. (Ord. 4443, 3-28-94)

9-5-15 INTEREST:

No interest rates are added to fees collected under private developer held latecomer’s agreements. (Ord. 4443, 3-28-94)

9-5-16 SEGREGATION AND RELIEF OF LATECOMER’S FEES:

(Rep. by Ord. 4723, 5-11-98)

CHAPTER 6
RAILROAD CROSSING REGULATIONS

SECTION:

9-6-1: Adoption Of State Law

9-6-1 ADOPTION OF STATE LAW:

RCW 47.32.140 is hereby adopted by reference as a portion of this Chapter and a copy thereof has been filed with the City Clerk as required by RCW 35A.12.140 for use and examination by the public. (Ord. 3958, 11-18-85)

CHAPTER 7
ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION STANDARDS

SECTION:

9-7-1: Code Adopted

9-7-2: Amendments

9-7-3: Authentication, Record Of Code

9-7-4: Liability

9-7-5: Conflicting Provisions

9-7-1 CODE ADOPTED:

The 1996 Standard Specifications for Road, Bridge and Municipal Construction; published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association as modified or supplemented by the City of Renton Supplemental Specifications, together with the Standard Plans for Road, Bridge and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association as modified or supplemented by the City of Renton Standard Plans/Details, are hereby adopted as the City of Renton Standard Specifications for Municipal Public Works construction. One copy of each document is on file and made available for examination by the public in the office of the City Clerk. Additional copies of these documents may be purchased or examined at the Planning/Building/Public Works Department Public Information Center. (Ord. 4340, 1-20-92; amd. Ord. 4646, 12-16-96)

9-7-2 AMENDMENTS:

Any and all amendments, additions or modifications to said Code, when printed and filed with the City Clerk of the City of Renton by authorization of the City Council from time to time, shall be considered and accepted and constitute a part of such Code without the necessity of further adoption of such amendments, modifications or additions by the legislative authority of the City of Renton or by ordinance.

9-7-3 AUTHENTICATION, RECORD OF CODE:

The City Clerk is hereby authorized and directed to duly authenticate and record a copy of the abovementioned Standard Specifications together with any amendments or additions thereto, together with an authenticated copy of this Ordinance.

9-7-4 LIABILITY:

This Ordinance shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing or moving any building or structure or engaging in any such construction as defined in the aforementioned Standard Specifications, nor shall the City of Renton or any agent thereof be held as assuming such liability by reason of inspection authorized herein or a certificate of inspection issued by the City or any of its agencies.

9-7-5 CONFLICTING PROVISIONS:

If any part or provision of said Code be in conflict with any other Code heretofore or hereafter adopted by the City of Renton, then in any such event the more restrictive provision shall be applicable and control. (Ord. 2972, 10-6-75)

CHAPTER 8
SIDEWALK CONSTRUCTION

SECTION:

9-8-1: Notice Given

9-8-2: Notice To Describe Property, Construction

9-8-3: Notification And Publication

9-8-4: Noncompliance To Notice; Hearing

9-8-5: Assess Cost Of Construction

9-8-6: Chargeable Property

9-8-7: Property Line

9-8-8: Hazardous Conditions On Public Street Right-Of-Way

9-8-9: Property Owner Liable

9-8-10: Permit Required

9-8-11: Penalty

9-8-1 NOTICE GIVEN:

Whenever in the judgment of the officer or department having the care and superintendence of streets and public places in the City the public convenience or safety requires that a sidewalk be constructed, renewed, repaired or cleaned along either side of any street or other public place therein, said officer or department shall immediately report the fact to the Council and if the Council shall deem the construction, renewal, repair or cleaning of such sidewalk necessary or convenient for the public it shall, by resolution, order said sidewalk constructed, renewed, repaired or cleaned and shall cause a notice in writing to be served on the owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where said sidewalk is to be constructed, renewed, repaired or cleaned, requiring him to construct such sidewalk in accordance with such resolution.

9-8-2 NOTICE TO DESCRIBE PROPERTY, CONSTRUCTION:

The resolution and notice provided for in the preceding Section shall describe each lot, block or parcel of land immediately abutting on that portion of the street or other public place where said sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required, the size and dimensions of the same, the distance from the curb of the outer edge thereof, the method and material to be used in the construction, and shall contain an estimate of the cost thereof and the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time therein specified said sidewalk will be constructed by the City and the cost and expense thereof assessed against the property abutting thereon and described in such notice.

9-8-3 NOTIFICATION AND PUBLICATION:

The notice provided for in the preceding Section shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land effected or to the authorized agent of such owner or if a copy be left at the usual place of abode of such owner in such City or town with a person of suitable age and discretion residing therein, or in case the owner is a nonresident of the City and his place of residence is known a copy of such notice shall be mailed to such owner, addressed to his last known place of residence or in case the place of residence of such owner is unknown or if the owner of any lot, block or parcel of land effected is unknown then such notice shall be served by publication in two (2) weekly issues of the official newspaper of such City. Such notice shall specify a reasonable time within which said sidewalk shall be constructed, which, in the case of publication of the notice shall be not less than sixty (60) days from the date of the first publication of the notice, and in the case of personal service of the notice or by notice sent to the post office address of the owner, twenty (20) days.

9-8-4 NONCOMPLIANCE TO NOTICE; HEARING:

In case the notice provided for in the preceding Section shall not be complied with within the time therein specified, the officer or department having charge of the care and superintendence of the streets and public places in the City shall proceed to construct, renew, repair or clean said sidewalk forthwith and shall report to the Council at its next regular meeting or as soon thereafter as practicable an assessment roll showing each lot, block or parcel of land immediately abutting upon said sidewalk, the name if the owner thereof is known, and a portion of the cost of such improvement to be assessed against each lot, block or parcel of land and the Council

shall thereupon set a date for hearing any protests against said proposed assessment roll and shall cause a notice of the time and place of said hearing to be published for two (2) successive weeks in the official newspaper of the City, the date of such hearing to be not less than thirty (30) days from the date of the first publication of said notice.

9-8-5 ASSESS COST OF CONSTRUCTION:

The Council shall, at the time of said hearing or at any adjournment thereof, assess the cost of construction, renewal, repair or cleaning of said sidewalk against the property immediately abutting thereon in accordance with the benefits thereto and such assessment shall become a lien upon the respective lots, blocks or parcels of land and shall be collected in the manner provided by law in the case of local improvement assessments and shall bear interest at the rate of six percent (6%) per annum from the date of approval of such assessment thereon.

9-8-6 CHARGEABLE PROPERTY:

For the purpose of this Chapter all property having a frontage on the side or margin of any street or other public place shall be deemed abutting property and such property shall be chargeable as provided in this Chapter, with all the costs of construction, renewal, repair or cleaning of any form of sidewalk improvement between the margin of such street or other public place and the roadway lying in front of and adjacent to said property, and the term sidewalk as used in this act shall be construed to mean and include any and all structures or forms of improvement included in the space between the street margin and known as the sidewalk area. (Ord. 491, 6-22-20)

9-8-7 PROPERTY LINE:

In cases where sidewalks have been heretofore constructed on the property line, sidewalks hereafter constructed shall be constructed on the property line so far as that block is concerned. In all other cases sidewalks are to be constructed two feet (2’) from the property line.

The foregoing Section, insofar as conforming to sidewalks heretofore constructed in that block, applies to cases in which the entire sidewalk in the block is not removed. When the entire sidewalk the full length of the block is removed the new sidewalk shall be constructed two feet (2’) from the property line. (Ord. 479, 4-20)

9-8-8 HAZARDOUS CONDITIONS ON PUBLIC STREET RIGHT-OF-WAY:

It shall be unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street right-of-way or alley in the City to construct, place, cause, create, maintain or permit to remain upon any part of said right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of said right-of-way by the members of the general public, including but not limited to the following conditions:

A.  Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints.

B.  Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction.

C.  Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way.

D.  Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or right-of-ways.

E.  Defective conditions on the parking strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line.

F.  Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line.

G.  Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that may cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter.

H.  Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way area.

9-8-9 PROPERTY OWNER LIABLE:

In the event of any injury or damage to any person and/or property proximately caused by the defective, dangerous or hazardous condition of any sidewalk as hereinabove specified, or by the presence or accumulation of ice or snow thereon, or by lack of proper guards or railings on or along the property abutting on any public way, then the abutting property owner where such injury or damage occurs shall be liable therefor including liability to the City for all damage, injury, costs and disbursements including court costs and attorney’s fees, which the City may be required to pay or incur to any person injured or property damaged as aforesaid.

Whenever any public right-of-way in the City shall have been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two feet (2’) above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for and issuance of a proper street excavation permit therefor, as required by law, and all of such work to be duly inspected and approved by the Street Commissioner of the City. (Ord. 2449, 12-16-68)

9-8-10 PERMIT REQUIRED:

Any person desiring to change or relocate any sidewalk in front of and abutting their property shall make application in writing to the Department of Public Works of the City and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord. 2449, 12-16-68; amd. Ord. 2823, 1-21-74, eff. 1-30-74)

9-8-11 PENALTY:

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be guilty of a misdemeanor and be punished by a fine in any sum not exceeding three hundred dollars ($300.00) or by imprisonment in the City jail for a period not exceeding ninety (90) days or by both such fine and imprisonment. (Ord. 2449; 12-16-68)

CHAPTER 9
STREET CLOSURE

SECTION:

9-9-1: Condition Of Streets

9-9-2: Notice Prior To Closing

9-9-3: City Council To Authorize Closing

9-9-4: Emergency Closing

9-9-1 CONDITION OF STREETS:

Whenever the condition of any street or avenue or part of any street or avenue within the City, either newly constructed, repaired or improved or of prior construction or any part thereof, is such that its use or continued use by vehicles will greatly damage such road, the City may at its option close such road or avenue or any part thereof to travel by all vehicles or class of vehicles for such period as the Council shall determine.

9-9-2 NOTICE PRIOR TO CLOSING:

Before any such street or avenue or part thereof is closed to vehicles or any class of vehicles, a notice of the date on and after which the street or avenue or any part thereof shall be closed and the period of such closing and whether it shall be closed to all vehicles or to vehicles of a particular class or classes shall be published in one issue of the official newspaper printed in the City; and a like notice shall be posted on or prior to the date of publication of such notice, in a conspicuous place at each end of the street or avenue or part of said street or avenue to be closed; providing that no such street or avenue or part thereof shall be closed sooner than three (3) days after the publication and posting of notices herein provided for.

9-9-3 CITY COUNCIL TO AUTHORIZE CLOSING:

Notices herein provided for shall be given pursuant to a resolution of the Council and be in the name of the City of Renton, signed by the Planning/Building/Public Works Administrator or his/her designee; provided, however, that in case of any emergency such streets shall be closed upon the posting of notice of the closing thereof, signed by the Planning/Building/Public Works Administrator or his/her designee without any action on the part of the Council; and further provided, that in the case of a closure of one day or less, such streets shall be closed upon the posting of notice of the closing thereof, signed by the Planning/Building/Public Works Administrator or his/her designee without any action on the part of the Council. (Ord. 5152, 8-8-05)

9-9-4 EMERGENCY CLOSING:

In cases of emergency, the Council or the Street Superintendent may, without publication or delay, close any such street or avenue or part thereof temporarily by posting notices at each end of and at all crossroads or streets and all roads or streets leading into or out from any street or avenue or part thereof to be temporarily closed. In all emergency cases, as herein provided, the orders of the Council or the Street Superintendent shall be immediately effective. (Ord. 1047, 8-15-39)

CHAPTER 10
STREET EXCAVATIONS

SECTION:

9-10-1: Permission Required

9-10-2: Condition Of Permit

9-10-3: Permit Fee; Inspection (Rep. by Ord. 4723)

9-10-4: Permittee Liable

9-10-5: Bond Required

9-10-6: Safety Devices And Barriers Required

9-10-7: Repealed Ordinances

9-10-8: Stop Orders

9-10-9: Franchise Required, Plan Filed

9-10-10: Utility Extension Plans, Map Required (Rep. by Ord. 4723)

9-10-11: Trench Restoration And Street Overlay Requirements

9-10-12: Violations And Penalties

9-10-1 PERMISSION REQUIRED:

It shall be unlawful for any person, firm, corporation or association to construct, cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or obstruct any street, alley or any street pavement, street curb, sidewalk, driveway or improvement in the City without first having obtained written permission as herein provided; provided, however, that in case of an emergency occurring outside the regular office hours whenever an immediate excavation may be necessary for the protection of life or private property, such matter shall be reported immediately to the Street Superintendent, Public Works Department of the City, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit be made in the manner herein provided, on or before noon of the next following business day.

9-10-2 CONDITION OF PERMIT:

The Public Works Department shall grant such permit only upon compliance with the following terms and conditions:

A.  The party requesting such permit shall make application in writing and simultaneously therewith file with the City’s Public Works Department a plat or sketch drawn to scale showing the location and plan of the construction, excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The City’s Public Works Department shall thereupon examine such application and upon approval thereof and the filing of a proper performance bond, as hereinbelow set forth, the Public Works Department shall thereupon issue a permit.

B.  Such permit shall specify the place where such acts are to be performed and done together with a description of the proposed work to be done under such permit; the length of time allowed for the completion thereof; the permittee shall further be required to replace, to its former condition, whatever portion of the street, sidewalk, driveway, alley, pavement, curb or improvement that may have been disturbed or affected in any way during such work, and such permit may further specify whether the City elects to do the work of restoring the surface as hereinafter provided.

C.  The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement, curb or improvement, shall at all times be performed under the supervision and control of the Public Works Department Street Superintendent or authorized representative, but at the sole cost and expense of the permittee.

D.  In making any excavation, cut or break in any public street, sidewalk, alley or like improvement, the materials thus excavated from the trenches thereof not otherwise suitable for backfilling shall be disposed of as directed by the Public Works Director or authorized representative. All such excavations shall be backfilled with approved materials and shall be compacted by water or mechanical tamping.

E.  The maximum length of any open trench during such work shall at no time exceed two hundred (200) lineal feet, except when otherwise granted by special written permission from the Public Works Department.

F.  All existing storm sewer facilities and outer utilities that are moved or disconnected during such work shall be replaced immediately as directed. A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement.

G.  If the Public Works Department so elects, all excavated materials within the street right-of-way shall be removed and disposed of and planks and saddles placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times.

H.  In excavating any such public street, avenue, curb, alley, sidewalk or like improvement, the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such street, sidewalk, driveway, alley, pavement, curb or like improvement before the expiration of the time fixed by such permit, the Public Works Department shall, if it deems it advisable, cause such work to be done by the City or any other party in order to return such street, sidewalk, driveway, alley, pavement, curb, improvement or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the City for any and all work performed and the City shall have the right to proceed against the performance bond filed by said permittee as herein provided. In addition, the City shall have a right of action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work, not otherwise covered by said bond, or the City may elect to proceed against such permittee directly for all of said work as the City may elect.

I.  The permittee as a further condition to the issuance of such permit shall warrant and guarantee unto the City the work performed and the restoration of the premises for a period of one year from the date of completion of such work.

      When a permit is issued for the excavation for the purpose of installing, maintaining, repairing, or replacing any underground utility within a street, alley or public place, to private property for use of such utility thereon, the permittee or the owner of the premises if the permittee is a person other than the owner, shall further agree, in the application for any such permit, that if the structure or facility on any private property to which the utility is introduced or furnished by the service line shall thereafter cease to be occupied or shall no longer be used or useful, the permittee and each of its successors and assigns will, upon any such occurrence, cut and cap the service line to prevent further service of utility to the structure or facilities, or, upon written demand of the Public Works Department, take such similar action. Upon completion of such work, including the capping of utility, the same shall be reported to the Public Works Department in writing. Permittee agrees, whenever possible, to notify the City in writing whenever any such structure or facility has ceased to be serviced by the utility or has otherwise discontinued or abandoned the use thereof.

J.  The Public Works Department shall have the right to elect, and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing thereof, may be done by the City and any and all cost and expenses in connection therewith to be charged to and paid by the permittee and/or the sureties of his performance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done or minimum of one thousand dollars ($1,000.00). The City may also demand an adequate cash sum as security to cover such estimated cost at the time of issuing such permit. (Ord. 2879, 9-16-74)

9-10-3 PERMIT FEE; INSPECTION:

(Rep. by Ord. 4723, 5-11-98)

9-10-4 PERMITTEE LIABLE:

The permittee shall notify the Public Works Department Street Superintendent and the Police Department when such excavation is to take place and for what duration. Immediately upon completion of the acts or work allowed under such permit, written notice thereof shall be given to the Public Works Department by the permittee. Any delay after such completion in giving such written notice to the Public Works Department shall render the permittee liable, as well as the surety on his bond, in a sum of not less than twenty five dollars ($25.00) for each day of any such delay. (Ord. 2879, 9-16-74)

9-10-5 BOND REQUIRED:

The applicant for any such permit, prior to the issuance thereof as herein provided shall execute and deliver unto the City and file with its Public Works Department a performance bond in such amount as shall be fixed by the Department of Public Works with sureties to be approved by the Department of Public Works; a three hundred fifty dollar ($350.00) cash bond may be posted with the Public Works Department for curbs, sidewalks and driveways less than thirty five feet (35’) in length which have been in existence as accepted City street improvements for a period of more than three (3) years and a five hundred dollar ($500.00) cash bond may be posted with the Public Works Department for curbs, sidewalks and driveways less than thirty five feet (35’) in length, which have been in existence as accepted street improvements less than three (3) years. However, in the case of a single-family residence, in which the owner resides and has resided for two (2) years previous to application for a curb cut permit, then in any such case the amount of the cash bond shall be set at one hundred dollars ($100.00). The said cash bond will be returned to applicant when work is accepted by the City, less any sum due City under the terms of this Ordinance. For work over thirty five feet (35’) in length the bond shall be in an amount not less than the anticipated cost of the work to be done or a minimum of one thousand dollars ($1,000.00). Such bond or any additional bond and/or separate liability insurance coverage, with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) for public liability and not less than fifty thousand dollars ($50,000.00) for property damage shall also provide that the applicant will keep and save the City harmless from any and all claims, liabilities, judgments, loss, damages and expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his agents, servants, representatives or employees in excavating or disturbing any such alley, street, pavement, curb or improvement, or by reason of the violation of any of the provisions of this Chapter; and to otherwise fully warrant the work and acts required hereunder for a period of one year. (Ord. 3205, 3-20-78, eff. 3-29-78)

9-10-6 SAFETY DEVICES AND BARRIERS REQUIRED:

In case any public street, alley, pavement, curb, sidewalk or like improvement shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and distributed, and at all times maintained throughout such excavation work, such barriers, lights, signs, flagmen and other safety devices as may be required by the Public Works Department and the Police Department of the City, and in accordance with WISHA standards, and failure to do so shall constitute a violation of this Chapter.

9-10-7 REPEALED ORDINANCES:

Any and all ordinances, or parts of ordinances, in conflict herewith are hereby repealed. (Ord. 2879, 9-16-74)

9-10-8 STOP ORDERS:

Whenever any work is being done in an unsafe manner or contrary to the provisions of this Chapter, the Public Works Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done. Any such person shall forthwith stop such work until authorized by the Public Works Director to proceed with the work. Any and all conditions deemed unsafe shall be corrected or removed immediately at the contractor’s expense. (Ord. 3540, 5-4-81)

9-10-9 FRANCHISE REQUIRED, PLAN FILED:

Whenever any water or sewer district, County or other City utility or any Municipal, quasi-municipal or company shall do work in the public right-of-way of the City, it shall obtain a franchise from the City for initiating such work and shall file with the City, a utility comprehensive plan in the form approved by the City.

9-10-10 UTILITY EXTENSION PLANS, MAP REQUIRED:

(Rep. by Ord. 4723, 5-11-98)

9-10-11 TRENCH RESTORATION AND STREET OVERLAY REQUIREMENTS:

A.  Purpose: The purpose of this Code Section is to establish guidelines for the restoration of City streets disturbed by installation of utilities and other construction activities. Any public or private utilities, general contractors, or others permitted to work in the public right-of-way will adhere to the procedures set forth in this policy.

B.  Definition:

Engineer: The term “engineer” shall denote the City project manager, inspector and/or plan reviewer, or their designated representative.

C.  Application: The following standards in this Section shall be followed when doing trench or excavation work within the paved portion of any City of Renton right-of-way. Modifications or exemptions to these standards may be authorized by the Planning/Building/Public Works Administrator, or authorized representative, upon written request by the permittee, the permittee’s contractor or engineer, and demonstration of an equivalent alternative.

D.  Hours of Operations: Hours for work within the roadway for asphalt overlays or trench restoration shall be as directed by the Traffic Control Plan requirements and the Traffic Operations Engineer.

E.  Inspection: The Engineer may determine in the field that a full street-width (edge-of-pavement to edge-of-pavement) overlay is required due to changes in the permit conditions such as, but not limited to the following:

1.   There has been damage to the existing asphalt surface due to the contractor’s equipment.

2.   The trench width was increased significantly or the existing pavement is undermined or damaged.

3.   Any other construction related activities that require additional pavement restoration.

F.  City of Renton Standards: All materials and workmanship shall be in accordance with the City of Renton Standard and Supplemental Specifications (current adopted version) except where otherwise noted in these standards. Materials and workmanship are required to be in conformance with standards for the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Chapter of the American Public Works Association (APWA) and the Washington State Department of Transportation (WSDOT) and shall comply with the current edition, as modified by the City of Renton Supplemental Specifications.

1.   An asphalt paver shall be used in accordance with Section 5-04.3(3) of Standard Specifications. A “Layton Box” or equal may be used in place of the power-propelled paver. Rollers shall be used in accordance with Section 5-04.3(4) of the Standard Specifications. “Plate Compactors” and “Jumping Jacks” shall not be used in lieu of rollers.

2.   Trench backfill and resurfacing shall be as shown in the City of Renton Standard Details, unless modified by the City permit. Surfacing depths shown in the standard details are minimums and may be increased by the Engineer to meet traffic loads or site conditions.

3. Requirement for Patching, Overlay, and Overlay Widths: All trench and pavement cuts shall be made by sawcut or by grinding. Sawcuts or grinding shall be a minimum of one foot (1') outside the trench width. The top two inches (2'') of asphalt shall be ground down to a minimum distance of one foot (1') beyond the actual outside edges of the trench and shall be replaced with two inches (2'') of Class B asphalt, per City of Renton Standard Plan #HR-23 (SP Page H032A). At the discretion of the engineer, a full street width overlay may be required.

Lane-width or a full street-width overlay will be determined based upon the location and length of the proposed trench within the roadway cross-section. Changes in field conditions may warrant implementation of additional overlay requirements.

a.   Trenches (Road Crossings):

(1) The minimum width of a transverse patch (road crossing) shall be six and one-half feet (6.5'). See City of Renton Standard Plan Drawing #HR-23 (SP Page: H032A).

(2) Any affected lane will be ground down two inches (2'') and paved for the entire width of the lane.

(3) The patch shall be a minimum of one foot (1') beyond the excavation and patch length shall be a minimum of an entire traveled lane.

(4) If the outside of the trenching is within three feet (3') of any adjacent lane line, the entire adjacent traveled lane affected will be repaved.

(5) An area including the trench and one foot (1') on each side of the trench but not less than six and one-half feet (6.5') total for the entire width of the affected traveled lanes will be ground down to a depth of two inches (2''). A two-inch (2'') overlay of Class B asphalt will be applied per City standards.

b.   Trenches Running Parallel with the Street:

(1) The minimum width of a longitudinal patch shall be four and one-half feet (4.5'). See City of Renton Standard Plan Drawing #HR-05 (SP Page H032).

(2) If the trenching is within a single traveled lane, an entire lane-width overlay will be required.

(3) If the outside of the trenching is within three feet (3') of any adjacent lane line, the entire adjacent traveled land affected will be overlaid.

(4) If the trenching is greater than or equal to 30% of lane per block (660 foot maximum block length), or if the total patches exceed 12 per block, then the lanes affected will be overlaid. Minimum overlay shall include all patches within the block section.

(5) The entire traveled lane width for the length of the trench and an additional ten feet (10') at each end of the trench will be ground down to a depth of two inches (2''). A two-inch (2'') overlay of Class B will be applied per City standards.

c.   Potholing: Potholing shall meet the same requirements as trenching and pavement restoration. Potholing shall be