Chapter 13.01
GENERAL PROVISIONS

Sections:

13.01.004    Title.

13.01.020    Powers of the director and the engineer.

13.01.025    Authority to withhold or condition permits or approvals.

13.01.030    Engineering Design and Development Standards.

13.01.040    Violations.

13.01.050    Encroachment--Abatement.

13.01.060    Disclaimer of liability.

13.01.070    Severability.

13.01.080    Effective date.

13.01.004 Title.

This title constitutes, and may be cited as, the Roads and Bridges ordinance.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 3, June 12, 1996, Eff date June 29, 1996).

13.01.020 Powers of the director and the engineer.

(1) The director has overall authority for all matters relating to county roads and bridges.

(2) The engineer shall have the power to:

(a) Administer provisions of this title;

(b) Prepare and administer procedures implementing this title;

(c) Prepare and publish for public use a procedures manual or manuals covering this title;

(d) Close or restrict the usage of county roads and bridges for a definite period of time as provided for in chapter 47.48 RCW; and

(e) Administer any provisions delegated to the engineer under title 30 SCC.

(3) The engineer hereby delegates to the director of planning and development services the authority to act in accordance with the powers of the engineer, as listed under subsection (2) of this section, only as they apply to issuance of permits under chapter 13.60 SCC. In delegating such authority the engineer reserves the right of final decision regarding the provisions of subsection (2) of this section.

(4) With the concurrence of the director of planning and development services or his delegate, the director or the engineer may delegate any portion of the authority vested in the director, the department, or the engineer under this title or title 30 SCC relating to development permit processing to the department of planning and development services, if the director or engineer determines, in his or her discretion, that the delegation will improve delivery of services in the development permitting process or serve the public health, safety, and welfare. In delegating such authority, the director of public works or engineer may reserve the right of final decision.

(5) The director shall have the authority to negotiate interlocal agreements with other public agencies for services and/or joint and cooperative actions pertaining to administration of this title. Such interlocal agreements shall be approved by motion or ordinance of the county council.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 87-095, § 2, September 23, 1987; Amended Ord. 96-028, § 4, June 12, 1996, Eff date June 29, 1996, Ord. 02-067, November 6, 2002, Eff date November 17, 2002; Ord. 05-116, Nov. 21, 2005, Eff date Dec. 18, 2005; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).

13.01.025 Authority to withhold or condition permits or approvals.

(1) The engineer shall have the authority under this title to withhold issuance of a permit when applicable conditions of this title have not been met on other active permits held by the applicant pursuant to this title.

(2) The engineer may condition final inspection approval of a permit with the satisfactory completion of other active permits held by the applicant pursuant to this title.

(Added by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012)

13.01.030 Engineering Design and Development Standards.

All work performed under any permit issued under this title shall conform to the Engineering Design and Development Standards (EDDS) of the department of public works as provided in chapter 13.05 SCC.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 5, June 12, 1996, Eff date June 29, 1996).

13.01.040 Violations.

(1) It shall be unlawful to place or maintain any structure, object or feature within the right-of-way except where done pursuant to a contract with the county, permission granted by the department pursuant to this chapter, or other specific legal authority.

(2) It shall be unlawful for anyone other than the department to spill, dump, or otherwise deposit any material upon a county right-of-way except where done pursuant to contract with the county, permission granted by the department as provided in this chapter, or other legal authority. This section shall be supplementary to state law as provided in RCW 70.93.060.

(3) It shall be unlawful to abandon or discontinue the use of any structure, object or feature within the right-of-way without the prior written approval of the department. If a structure, object or feature within the right-of-way is abandoned or discontinued, the person who placed the structure, object or feature within the right-of-way shall be solely responsible for its removal and proper disposal, as well as restoration of the county right-of-way to a condition equal to or better than that which existed prior to placement of the structure, object or feature in the right-of-way.

(4) Any violation of this section or of any other provision of this title declaring conduct unlawful is a misdemeanor and shall be punishable as provided in SCC 1.01.100. Each person shall be guilty of a separate offense for each and every day any portion of which any violation of this section occurs and shall be punishable accordingly.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 6, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.01.050 Encroachment--Abatement.

The engineer, with assistance as required from the sheriff or other county official(s), may remove any structure, object, feature or material placed or spilled upon, over, or beneath the surface of any right-of-way by other than the department unless the structure, object, feature or material was installed and is maintained pursuant to either a contract with the county, permission by the department as provided in this chapter, or other specific legal authority. The costs of any removal shall be the sole responsibility of the installer of such structure, object, feature or material, and the successors in ownership of any portion of such structure, object, feature or material. The county may take any steps which it deems appropriate to collect the costs of such removal.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028, § 7, June 12, 1996, Eff date June 29, 1996; Amended by Amended Ord. 12-001, Feb. 15, 2012, Eff date Feb. 26, 2012).

13.01.060 Disclaimer of liability.

Responsibility for complying with the requirements of this title and other applicable code provisions rests solely with the permit applicant. Without limitation thereto, the applicant is responsible for determining and accurately representing to the county the following information: (1) legal descriptions; (2) ownership interests and record title; (3) location of property lines and required setbacks; (4) land use classification (zoning); (5) drainage courses; and (6) any other information supplied by the applicant. Snohomish county may rely upon all information furnished by the applicant both oral and written, and any other information acquired by it. Snohomish county shall have no duty to verify any such information and shall incur no liability for any injury or damage resulting in any manner from any activity pursuant or incidental to any permit issued pursuant to this chapter.

(Added Ord. 85-051, § 3, July 3, 1985).

13.01.070 Severability.

If any provision of this title or its application to any person or circumstances is held invalid, the remainder of this ordinance and the application of any of its other provisions to other persons or circumstances shall not be affected.

(Added Ord. 85-051, § 3, July 3, 1985).

13.01.080 Effective date.

This title shall take effect on August 1, 1985.

(Added Ord. 85-051, § 3, July 3, 1985).