Chapter 13.12


13.12.010    Street obstruction permit required.

13.12.020    Application for permit – Fee – Conditions.

13.12.030    Licensed contractor required.

13.12.040    Plan check – Additional costs.

13.12.050    Security required.

13.12.060    Annual or project security allowed.

13.12.070    Revocation of permit.

13.12.080    Time for completion of the work.

13.12.090    Prohibited acts.

13.12.100    Denial of permit to violators.

13.12.110    Appeals.

13.12.120    Purposes – Liability for damage.

13.12.130    Severability.

13.12.010 Street obstruction permit required.

A. A street obstruction permit, issued by the public works department on written application, is required for all work conducted in the city’s alley or street rights-of-way, whether developed or undeveloped, in all cases except those projects governed by a written contract between the city and the person conducting the work, or activities covered by a right-of-way use permit.

B. Such a permit shall be required whether or not any prior improvement of the right-of-way has been made and the term “work” shall be liberally construed to include any kind of activity within the right-of-way, exclusive of that covered by BMC 13.14.010, the movement of vehicles and pedestrians, and work exempted by the director of public works.

C. The director of public works has the authority to waive the permit requirement whenever the scope of work is small, or the work is being done adjacent to the residence of the person doing the work. [Ord. 9157 § 1, 1983].

13.12.020 Application for permit – Fee – Conditions.

A. Street obstruction permits may be issued after the filing of a written application, meeting bonding requirements, and paying the applicable fee. The application shall be on a form provided by the public works director or his designate for the purpose, and shall require at least the following information:

1. The name and address of the applicant, and if the applicant is a corporation or similar entity, the name and address of its agent;

2. A plan of the work to be done; and

3. The location of the work.

B. The application must be accompanied by the required fee. Permit fees are set by resolution of the city council.

C. The permit may be subject to reasonable and necessary conditions imposed by the director of public works or his designate.

D. If a street obstruction limits the use of a metered parking space for more than four hours, the applicant must have obtained a parking meter hood, in addition to a street obstruction permit, for each space the use of which is limited. Such parking meter hoods must be padlocked to the parking meter head prior to the start of any street obstruction work and are issued by the parking systems division. [Ord. 10610 § 9, 1995; Ord. 9157 § 2, 1983].

13.12.030 Licensed contractor required.

Work done under a street obstruction permit must be carried out by a contractor licensed by the state of Washington and bonded pursuant to the terms of this chapter; provided, that:

A. The director of public works may waive the requirement for good cause shown; and

B. If the applicant has not hired a contractor to do the work at the time of application, but intends to do so, a conditional permit may be issued. The applicant must provide the director of public works with the license number and name of the contractor before commencing work under a conditional permit.

C. The public works department shall have the authority to require that both the contractor and the beneficiary of the work be applicants for the permit. Code violations in conjunction with such work shall be the responsibility of both the contractor and the beneficiary of the work. [Ord. 9157 § 3, 1983].

13.12.040 Plan check – Additional costs.

A. Before issuing a street obstruction permit, the plans for the proposed work must be approved by the department of public works.

B. Plans, or for minor work a sketch, shall be submitted in a format satisfactory to the director of public works. Wherever applicable, standard plans adopted by the city or included in the current edition of the APWA standard specifications, shall be used.

C. Where a plan check conducted pursuant to this section costs the city more than the current permit fee, the applicant must pay the excess costs. These costs will include personnel costs at rates determined by the director of public works, direct costs of outside consultants, and other direct reasonable expenses. [Ord. 9157 § 4, 1983].

13.12.050 Security required.

A. Work may not be commenced under a street obstruction permit until the director of public works is satisfied that it is covered by an adequate surety bond or other security sufficient to ensure that if the work is not done properly or the existing street improvements are damaged, sufficient funds will be available to cure the deficiencies.

B. A cash deposit, made to the city’s finance director and held in the city’s guaranty fund, or an assignment of an account in a local bank, or a similar security acceptable to the city attorney, may be used in lieu of a surety bond.

C. Security required by this section shall guarantee that:

1. City property or paving broken up by the work will be restored in a satisfactory manner;

2. The work shall be prosecuted to completion promptly, in accordance with good engineering practice, and in compliance with the law and standard specifications; and

3. For a period of one year after completion of the work, the person conducting it shall remedy any defect in materials or workmanship affecting city property. [Ord. 10132, 1990; Ord. 9157 § 5, 1983].

13.12.060 Annual or project security allowed.

At the option of the applicant, the security provided may either:

A. Cover only the work for which the permit is required, in the amount of 150 percent of the estimated cost of the work initially, and 25 percent during the guarantee period; or

B. Be an annual bond or equivalent, covering all work conducted by one person or company within the city during any calendar year, in the amount of $5,000, and $1,250 for guarantee periods only. [Ord. 9157 § 6, 1983].

13.12.070 Revocation of permit.

Street obstruction permits are temporary in nature, and may be revoked by the director of public works whenever:

A. The work being done creates a dangerous condition, and, after notice, the holder of the permit fails to make the work safe; or

B. The holder of the permit fails to comply with any condition imposed or any requirement of law relating to the work allowed by the permit. [Ord. 9157 § 7, 1983].

13.12.080 Time for completion of the work.

A. Upon issuance of a street obstruction permit, the director of public works shall state thereon its expiration date, allowing a reasonable time for completion of the work.

B. The permit may be extended on application in writing and the payment of a fee set by council resolution; provided, that the director of public works determines that the work has been prosecuted in a reasonably diligent manner. [Ord. 9157 § 8, 1983].

13.12.090 Prohibited acts.

It is a misdemeanor to:

A. Undertake any work within a city street or alley right-of-way without first obtaining a street obstruction permit or other appropriate authorization;

B. Undertake work not in conformance with approved plans or specifications;

C. Continue work in a city street or alley right-of-way after the permit allowing the work has been revoked pursuant to BMC 13.12.070, or has expired; or

D. Fail to comply with any condition imposed by the director of public works. [Ord. 9157 § 9, 1983].

13.12.100 Denial of permit to violators.

The director of public works may, in his discretion, refuse to issue street obstruction permits to persons who:

A. Have either had three or more street obstruction permits revoked, or have been convicted three or more times for violations of ordinances or statutes relating to the protection of the city’s streets and utilities, or any combination of three such revocations or convictions; or

B. Habitually fail to comply with the city’s ordinances, regulations or specifications relating to work in the city’s streets or on its utilities; or

C. Are delinquent in the payment of any fees or charges lawfully imposed in connection with construction work involving the city’s streets or utilities. [Ord. 9157 § 10, 1983].

13.12.110 Appeals.

Any action, permit denial or revocation under this chapter shall be appealable to the hearing examiner within 10 days of notice of the action, revocation or denial by giving written notice of such intent to the hearing examiner. [Ord. 2002-10-069 § 24; Ord. 9157 § 11, 1983].

13.12.120 Purposes – Liability for damage.

This chapter is enacted as an exercise of the police power of the city, to protect and preserve the public peace, health, safety and welfare by protecting the city’s streets and alleys. The city recognizes that it cannot prevent all undesirable activity in its rights-of-way; this chapter is therefore to be construed as an effort to make best possible use of available resources, and not an attempt to provide complete protection to all city’s inhabitants.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or designate any particular class of persons who will or should be especially protected by its terms.

B. It is the specific intent of this chapter to place the obligation of complying with its requirements on persons within its scope, and no provision of this chapter is intended to impose any duty whatsoever upon the city or any of its officers, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.

C. Nothing contained in this chapter is intended to be, nor shall be construed to create the basis for any liability on the part of the city or its officers for any injury or damage resulting from the failure of persons within its scope to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its officers. [Ord. 9157 § 12, 1983].

13.12.130 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. [Ord. 9157 § 13, 1983].