Chapter 12.24
OCCUPATION AND/OR USE OF PUBLIC RIGHT-OF-WAY
Sections:
12.24.020 Permit required to use or occupy public right-of-way.
12.24.030 Application for permit.
12.24.040 Exception to permit requirement.
12.24.050 Reporting obligations.
12.24.055 Motorist information follow through signs.
12.24.060 Revocation of permits.
12.24.070 Existing improvements.
12.24.080 Abandonment of improvements.
12.24.010 Purpose.
The city council for the city of Zillah, Washington, has investigated and researched various problems associated with the occupation and/or use of public rights-of-way by persons other than the city of Zillah. Previously, the city council adopted the trench cut ordinance (Chapter 12.14 ZMC). The city council has determined that additional rules and regulations for the use and/or occupation of a public right-of-way have become necessary. Accordingly, the ordinance codified in this chapter is adopted. (Ord. 874 § 1, 1998)
12.24.020 Permit required to use or occupy public right-of-way.
From and after the effective date of the ordinance codified in this chapter, any person or entity desiring to use or occupy a public right-of-way within the city of Zillah, Washington, or any person desiring to make a substantial change to an improvement utilizing and/or occupying a public right-of-way, shall first be required to obtain a permit, and pay a permit fee in the sum of $50.00. (Ord. 874 § 2, 1998)
12.24.030 Application for permit.
Each person or entity desiring to occupy or use a public right-of-way within the city of Zillah shall be required to make application for a permit to the city public works director. The application shall be in writing and shall contain information requested by the public works director on a form the public works director shall prepare and have available after the effective date of said ordinance. The permit fee described in ZMC 12.24.020 shall be paid at the time the application is submitted. The public works director shall review the application and shall approve or deny the application or establish terms and conditions for approval of the application when appropriate. Should the public works director issue a permit, the permit shall state with specificity the type of use or occupation of the public right-of-way for which the permit is granted. In the case of a denial, the public works director shall provide a written statement explaining the denial. The applicant may contest the denial by following the appeal process set forth in ZMC 12.24.090. (Ord. 874 § 3, 1998)
12.24.040 Exception to permit requirement.
A. This chapter shall not apply to persons or entities wishing to establish a trench cut in public rights-of-way. Restrictions and regulations regarding trench cuts are set forth in Chapter 12.14 ZMC.
B. This chapter shall have no application to persons or entities planting or maintaining lawns or gardens, including fences, upon public rights-of-way which are not being actively utilized by the city. However, any person or entity planting a lawn or garden upon public right-of-way may be required to remove the same upon receiving 30 days’ notice from the city of Zillah that the right-of-way is going to be actively utilized for public purposes. (Ord. 874 § 4, 1998)
12.24.050 Reporting obligations.
Each person or entity receiving a permit to use or occupy the public right-of-way within the city of Zillah, Washington, shall be required to maintain accurate records of any work accomplished or improvements placed into the public right-of-way. In the event improvements are placed into the public right-of-way, the permittee shall be required to provide an accurate copy of as-built plans to the public works director when construction of the improvements is completed. Furthermore, the permittee shall be required to provide to the public works director a maintenance plan for the improvements designed to ensure the least interference of or interruption to the public right-of-way. Thereafter, persons or entities installing permanent improvements within public rights-of-way shall be required to file an annual report with the public works director reporting the following:
A. Maintenance work accomplished during the preceding year.
B. Reported problems or concerns with permanent improvements.
C. Information as to plans of the permittee to expand or increase the permanent improvements.
D. Information as to any cost recovery obtained by the permittee from another person or entity.
The public works director shall have authority to relieve noncommercial and commercial entities from the annual reporting requirements when the permitted improvement can be checked visually by the public works department. (Ord. 874 § 5, 1998)
12.24.055 Motorist information follow through signs.
A. “Motorist information follow through signs” means any sign that is used and approved in conjunction with the Department of Transportation Motorist Information Sign Program of the State of Washington and is in compliance with WAC 468-70-050(7).
B. A proponent shall be required to submit the following information in writing in conjunction with the request for the conditional use permit in order to obtain approval information to be submitted is as follows:
1. A copy of the Department of Transportation Motorist Information application, and copies of any correspondence received by the Department of Transportation concerning the application and/or granting tentative approval of the sign and its location within the city of Zillah.
2. Demonstration of the requirement that motorist information sign within 3,000 feet of one another be consolidated (to a maximum of four signs) at the new applicant’s expense.
3. Payment of a deposit in an amount to be determined by the public works director for reimbursement of any and all expenses incurred in connection with the installation of the sign and restoration of sites or signs previously existing prior to a consolidation.
4. A color copy of the proposed sign which shows color, style and dimensions of said sign.
C. All motorist information follow through signs shall be of a size and form which complies with Exhibit “A” attached hereto. The signs shall be made of approved street sign metal. Letters shall be constructed of white reflective material typically used for other road signs. Sign background shall be of highway blue or other similar color.
(Ord. 932 § 2, 2000)
12.24.060 Revocation of permits.
The city of Zillah reserves the right to revoke a right-of-way permit without fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule, regulation or terminal condition of the permit. Substantial breaches include, but are not limited to, the following:
A. Violation of a term or condition of the permit.
B. Evasion or attempt to evade any material provision of the permit or the perpetration or attempt to perpetrate a fraud or deceit upon the city, the public works director or city employee.
C. Any material misrepresentation of facts set forth in the application for the permit.
D. The failure to complete work within a right-of-way in a timely manner.
E. The failure to correct, in a timely manner, work that does not conform to the terms and conditions of the permit.
The public works director shall have authority to issue a notice of breach of the permit. If the breach is not cured or remedied by the permittee within 10 days of receipt of written notice of the breach from the public works director, the permit will be revoked. (Ord. 874 § 6, 1998)
12.24.070 Existing improvements.
Persons or entities presently having improvements in a public right-of-way shall not be required to obtain a permit. However, any person or entity desiring to make a substantial change to the structure or condition of the improvement will be required to comply with this chapter and make application for a permit. (Ord. 874 § 7, 1998)
12.24.080 Abandonment of improvements.
In the event a permittee determines that an improvement in a public right-of-way is no longer useful and should be abandoned, the permittee shall be required to give 30 days’ prior written notice to the public works director. The public works director shall then determine whether the permittee should be required to remove the improvement and restore the right-of-way to its original condition. Removal of the improvement and restoration of the property shall be required in all cases unless the improvement has some utility to the city. In that situation, the permittee shall have the option to transfer ownership of the improvement to the city in lieu of removal and restoration. (Ord. 874 § 8, 1998)
12.24.090 Appeal procedure.
In the event the permittee disputes a determination of the public works director, a written appeal may be filed with the city finance director requesting a hearing before the city council. The hearing before the city council shall be conducted within 20 days after the finance director receives the written appeal. The decision of the city council shall be final, subject to review in Yakima County superior court as provided in RCW Title 34. (Ord. 874 § 9, 1998)