Chapter 12.24
ENCROACHMENTS
Sections:
12.24.010 Scope of regulations.
12.24.030 Permit – Application.
12.24.040 Permittee liable for damages.
12.24.050 Protective measures required.
12.24.060 Permits – Term of duration – Revocation.
12.24.070 Restoration of highway.
12.24.110 Deductions from deposit.
12.24.120 Refund or deficiency payment.
12.24.130 Billing in lieu of deductions.
12.24.010 Scope of regulations.
The provisions of this chapter apply only to the placing, changing or renewing of an encroachment not subject to the provisions of Chapters 12.08 through 12.16 and 12.32 PMC. (Ord. 29 § 1, 1981; CC § 71.601)
12.24.020 Permit – Required.
No person shall place, change or renew an encroachment in, under or over any portion of a highway, without first obtaining from the Director of Public Services a written permit in accordance with this chapter and with Chapter 12.04 PMC. (Ord. 29 § 1, 1981; CC § 71.602)
12.24.030 Permit – Application.
Application for a permit shall be made in writing on a form supplied by the Director of Public Services. The application shall specify in detail:
A. The location, description and justification for the encroachment and the extent to which it will interfere with the public use and maintenance of the highway;
B. The duration for which a permit is sought and the date it is requested to be effective;
C. Such other information that the Director of Public Services may require. (Ord. 29 § 1, 1981; CC § 71.603)
12.24.040 Permittee liable for damages.
Every permit shall contain an agreement, signed by the applicant that the City and any officer or employee thereof shall be saved harmless by the applicant from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring as the proximate result of any placement, change or renewal of an encroachment under the terms of this application and the permit or permits which may be granted in response thereto, and that all of said liabilities are assumed by the applicant. (Ord. 29 § 1, 1981; CC § 71.604)
12.24.050 Protective measures required.
In any permit issued by him the Director of Public Services may specify what lights, barriers, warning signs or other measures designed to protect the traveling public must be erected by the permittee. If the permit does not specify what protective measures are required, every encroachment which in any way interferes with the public use of any traveled way, shoulder, parking lane, side path, or sidewalk shall be lighted, barricaded and signed as provided in PMC 12.12.220. (Ord. 29 § 1, 1981; CC § 71.605)
12.24.060 Permits – Term of duration – Revocation.
Permits issued under the authority of this chapter may specify a duration of 10 days or less from their effective date, in which case they shall be revocable with notice as provided in PMC 12.04.150. Other permits issued under the authority of this chapter shall be classified as of indefinite duration and shall be revocable as provided in PMC 12.04.160. (Ord. 29 § 1, 1981; CC § 71.606)
12.24.070 Restoration of highway.
Every permit shall contain an agreement, signed by the applicant, that if the permit expires, is revoked by the Director of Public Services, or is vacated or abandoned, the permittee will, within a reasonable time and to the satisfaction of the Director of Public Services, restore the highway to the equivalent or better condition than it was prior to the date that permit became effective or prior to the date the encroachment was first placed, whichever is earlier. (Ord. 29 § 1, 1981; CC § 71.607)
12.24.080 Permit fee.
Every person applying for a permit required by this chapter shall, at the time of making application for the permit, pay an issuance fee in an amount that shall be established by City Council resolution from time to time. (Ord. 683 § 52, 2008; Ord. 29 § 1, 1981; CC § 71.608)
12.24.090 Special deposit.
Each applicant for a permit, in addition to payment of the issuance fee, shall deposit a sum with the Director of Public Services to guarantee the placement of protective measures, if required, and the removal of the encroachment and restoration of the highway. The amount of the deposit shall be twice the estimated cost of removing the encroachment but in no case less than $50.00. Such a deposit may be waived by the Director of Public Services if the encroachment existed prior to the adoption of this chapter. (Ord. 29 § 1, 1981; CC § 71.609)
12.24.100 General deposit.
In lieu of making the special deposits required by PMC 12.24.090, an applicant for temporary permits having a duration of 10 days or less, may make and maintain with the Director of Public Services, a general deposit in an amount estimated by the Director of Public Services to be sufficient to pay the cost of permit fees and to guarantee performance as required in PMC 12.24.090 for future encroachments. Such a deposit shall not exceed $1,000. While a general deposit is maintained in an amount sufficient to cover the fees and deposits required for the placing, changing or renewing of all encroachments sought to be made, the applicant need not make any special deposit. If, in the opinion of the Director of Public Services, a general deposit is not sufficient for the proper protection of the public interest in the highways on which encroachment permits are sought, he may require a special deposit under the provisions of PMC 12.04.090. (Ord. 29 § 1, 1981; CC § 71.610)
12.24.110 Deductions from deposit.
The City shall deduct from any deposit made or maintained by the permittee:
A. The permit issuance fee if that has not otherwise been paid;
B. The cost of any inspection by the Director of Public Services;
C. The cost of the City of the placement of protective measures if required and the removal of the encroachment and restoration of the highway if the permittee fails or refuses to do so. (Ord. 29 § 1, 1981; CC § 71.611)
12.24.120 Refund or deficiency payment.
After making the required deductions, the City shall refund to the applicant any amount still remaining in the special deposit in the manner as provided by law for the repayment of trust moneys. If any deposit made is less than sufficient to pay all fees and costs to be deducted, the permittee shall, upon demand, pay to the Director of Public Services an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full a permit shall not be issued to such permittee. (Ord. 29 § 1, 1981; CC § 71.612)
12.24.130 Billing in lieu of deductions.
If a person makes and maintains with the Director of Public Services a general deposit the deductions provided for in this chapter need not be made. In lieu of such deductions, the Director of Public Services may bill such person for the amount owed by him to the City under the provisions of this chapter. If such amount is not paid within 15 days of the transmission of such bill, the Director of Public Services may deduct such amount from the general deposit, and PMC 12.24.110 and 12.24.120. (Ord. 29 § 1, 1981; CC § 71.613)