Chapter 12.08
EXCAVATIONS*
Sections:
12.08.020 Permit – Terms and conditions.
12.08.040 Additional deposit required when.
12.08.050 Annual bond permitted when.
12.08.060 Storage of building material in street – Permit required – Conditions.
12.08.070 Notice required when – Liability for damages.
12.08.080 Barriers and lanterns required when.
12.08.090 Inspection required – Fee.
12.08.110 Violation – Penalty.
*For statutory authorization of third class cities to regulate streets and sidewalks, see RCW 35.24.290(3).
12.08.010 Permit – Required.
It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or to fill in, place, leave or deposit in or upon any such public street, highway, alley, thoroughfare, sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained a right-of-way permit and paying the fee established by resolution of city council, as amended from time to time, as provided in TMC 12.08.020. (Ord. 2017-04 § 3, 2017; Ord. 2017-01 § 1, 2017; Ord. A-425 § 1, 1954).
12.08.020 Permit – Terms and conditions.
The superintendent of streets shall grant such permits only upon compliance with the following terms and conditions:
A. The party requesting such permit shall make application therefor in writing and, if requested to do so by the superintendent of streets, shall file with the superintendent a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed, and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of such work, obstruction or other thing; the superintendent shall thereupon examine such application and plat and if he shall approve the same may issue a permit therefor, which permit shall require the replacing in its former condition the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed or affected in any way. Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on, or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with a description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion thereof.
B. The acts and works permitted under such permits shall be at all times under the supervision and control of said superintendent but at the expense of the party procuring such permit, and in case any such place referred to in this chapter is disturbed in any way, the replacing thereof in its former condition shall be at all times subject to the direction of said superintendent and the same shall be replaced and restored to its former condition within the time by him stated and specified.
C. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the superintendent shall, if he deems advisable, have the right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition and the said party obtaining said permit shall be liable for the expense thereof; provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction; provided further, that nothing in this section shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition. (Ord. A-425 § 2, 1954).
12.08.030 Bond required when.
The superintendent of streets may, as a condition precedent to the granting of the permit as provided in TMC 12.08.020, require the execution and delivery to the city of a good and sufficient bond in an amount to be fixed by said superintendent, conditioned that the applicant for such permit will keep and save harmless the city from any and all claims, liabilities, judgments, costs, damages and expenses arising from any acts which he may do or suffer to be done under said permit, or which may be done by any of his agents, servants or employees, or which may arise from any negligence of himself, his agents, servants, contractors or employees, or any of them, in obstructing or in any way disturbing such street, alley, highway or other public place, or by reason of the violation of any of the provisions of this chapter. Said bond shall be further conditioned that in case the act or acts permitted necessitate the cutting into any sidewalk, street, pavement, thoroughfare or public place in the city, the person, firm or corporation applying for and acting under said permit shall replace the portion of said street, sidewalk, avenue, pavement, alley or other public place affected thereby, shall put the same in the condition it was in prior thereto and within the time specified by the superintendent, and shall maintain it in condition for a period of two years thereafter; provided further, that the superintendent may allow a separate bond to be given to secure the maintenance of said street, alley, highway or other public place as provided in TMC 12.08.040. (Ord. A-425 § 6, 1954).
12.08.040 Additional deposit required when.
In case the permit shall allow the cutting into or removing of any portion of any pavement upon any alley, highway, or any other public place, the superintendent may require, as a condition of granting said permit, a deposit in an amount sufficient to cover the cost of restoring said pavement to its original and proper condition, and for maintaining the same for a period of two years thereafter. (Ord. A-425 § 8, 1954).
12.08.050 Annual bond permitted when.
Any person, firm or corporation engaged in the business of laying sewers or any kind of work which tends to obstruct the streets, highways or public places may, in lieu of the bond referred to in TMC 12.08.030, execute and file an annual bond in such amount as may be fixed by the city council, conditioned as provided in TMC 12.08.030; provided, that whenever in the judgment of the superintendent the amount of such annual bond becomes insufficient, a new or additional bond may be required. (Ord. A-425 § 9, 1954).
12.08.060 Storage of building material in street – Permit required – Conditions.
The superintendent of streets is authorized and empowered to grant permits in his discretion to such persons as may apply therefor to use, occupy and obstruct such portion not exceeding one-third in width of any street or alley around the lot on which the building is located for depositing building material during the construction of any building. Such permit is to be on the condition that a passageway for pedestrians shall at all times be kept around such excavation or building site; provided, that within the city fire limits such passageway shall be at least four feet wide and shall, as soon as the excavation shall have been completed, be maintained over and along the sidewalk space. Such way shall extend from the permanent sidewalks abutting upon the lots adjoining the lots upon which such building is being erected, and shall be constructed of two-inch plank laid lengthwise upon good and sufficient supports laid not more than three feet apart. The respective ends of said passageway shall be laid even with the sidewalk to which the same are attached and shall have erected on each side thereof a barrier or railing sufficient to prevent accidents by falling off the same. Whenever in the course of the construction of said building, work shall have been commenced upon the second story thereof, such way must be covered over its entire width and breadth, at a height of not less than 10 feet, with two-inch plank resting upon strong supporting joists well fastened and braced to strong posts on both sides. (Ord. A-425 § 5, 1954).
12.08.070 Notice required when – Liability for damages.
Before doing any of the acts authorized by said permit, written notice thereof must be given to the chief of the fire department, who shall also be notified of the completion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public place affected thereby has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the superintendent. Any delay in giving such written notice after the completion of said work shall render the applicant for said permit liable for all damages done or suffered by the city, or any person, firm or corporation, by such delay. (Ord. A-425 § 3, 1954).
12.08.080 Barriers and lanterns required when.
In case any public street, alley, sidewalk, highway or public place shall be dug up, excavated, undermined, disturbed or obstructed, or an obstruction placed thereon, the persons, firm or corporation causing the same shall erect, and so long as the said condition exists and any danger may continue maintain around the said portion of the street, sidewalk, alley, or other public place a good substantial barrier, and shall also cause to be maintained during every night from sunset to daylight, at each end of such obstruction, lighted lanterns showing a red light. (Ord. A-425 § 7, 1954).
12.08.090 Inspection required – Fee.
The public works director or designee may inspect the same either during the progress of the same or after the area affected has been restored to its original condition or at both of said times, and may charge a fee as established by resolution of city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. A-425 § 4, 1954).
12.08.100 Permit denied when.
No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. A-425 § 10, 1954).
12.08.110 Violation – Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter, or who counsels, aids or abets any such violation or failure to comply, shall be deemed to have committed a civil infraction, punishable as set forth in Chapter 2.90 TMC, Civil Infractions. (Ord. 2008-7, 2008; Ord. A-425 § 11, 1954).