Chapter 12.14


12.14.010  Purpose.

12.14.020  Definitions.

12.14.030  Permit—Required.

12.14.040  Permit—Exemptions.

12.14.050  Application—Fees.

12.14.060  Minimum standards—Special conditions.

12.14.070  Permit—Fee.

12.14.080  Permit—Revocation stoppage.

12.14.090  Permit—Revocation—Appeal.

12.14.100  Liability for defective work.

12.14.110  Purpose of fees imposed.

12.14.120  Violation—Penalty.

12.14.010 Purpose.

The indiscriminate and uncontrolled performance of work within the right-of-way of public streets, alleys, sidewalks and other public ways by persons using unsafe material and/or improper methods is hazardous to the health, safety, and welfare of persons using such streets, alleys, sidewalks and other public ways and is costly to the city in subsequent repairs and/or maintenance. In order to be assured that all work performed by persons within such streets, alleys, sidewalks and other public ways is in accordance with the minimum standards of the city, it is necessary that the city, in the exercise of its police powers, establish regulations governing the same. In the furtherance thereof, the city adds this chapter to the city code. (Ord. 3676 § 4, 2008; Ord. 3162 § 1, 1991)

12.14.020 Definitions.

The following terms, when used in this chapter, shall be construed to means as follows:

A. “Alley” means a duly dedicated public alley.

B. “Person” means the plural as well as the singular, and shall include any partnership, association, group or corporation.

C. “Right-of-way” means all real property owned or held by the city in fee, or by way of easement, or dedicated to the public and located within the city, and used or intended for use as a street, alley, sidewalk, public way or easement for public or private utilities, whether developed or undeveloped.

D. “Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owner and constructed for use by the general public.

E. “Street” means a duly dedicated public street. (Ord. 3676 § 4, 2008; Ord. 3162 § 2, 1991)

12.14.030 Permit—Required.

No public alley, sidewalk, street, public way or right-of-way within the city, whether the same is developed or undeveloped, shall hereafter be constructed, altered, maintained or repaired, nor shall any construction work, alteration, maintenance or repair work be performed within the area of any such public alley, sidewalk, street, public way or right-of-way without a written permit therefor being first fully obtained from the office of the city engineer. “Constructed,” “altered,” “maintained” or “repaired,” for purpose of this chapter, includes the excavation of soils and the construction of embankments necessary or desirable to facilitate the installation, repair, replacement, maintenance or removal of any utility lines, driveways, curbs, drains or other structures, services or improvements. Violation of this provision by any person, firm, corporation, partnership or other entity shall be deemed a criminal misdemeanor, punishable as set forth in Section 12.14.120. (Ord. 3676 § 4, 2008; Ord. 3162 § 3, 1991)

12.14.040 Permit—Exemptions.

No permit shall be required for the following:

A. Construction or maintenance projects undertaken by a utility or the city pursuant to a contract between the city and its contractor, or construction or maintenance projects undertaken by city departments;

B. Work allowed and approved by other permits issued by the city;

C. Those users which the city engineer finds to be of a nature for which a permit is not justified; and

D. Emergency repairs to existing facilities. (Ord. 3676 § 4, 2008; Ord. 3162 § 4, 1991)

12.14.050 Application—Fees.

Permits required pursuant to this chapter shall be issued by the public works department upon receipt of a written application therefor and upon the payment of the required permit fee. The application shall be on a form provided by the city engineer and shall require the following minimum information:

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

B. A description of the intended work to be performed, the anticipated commencement and ending construction dates;

C. Plans in accordance with the Kelso Engineering Design Manual. (Ord. 3676 § 4, 2008; Ord. 3162 § 5, 1991)

12.14.060 Minimum standards—Special conditions.

All work to be performed in accordance with this chapter shall conform to the minimum requirements of the Kelso Engineering Design Manual as adopted by the city. In addition, the city engineer, in order to maintain the integrity of existing improvements and to provide for public health, safety and welfare, may impose such additional terms upon such permits as he shall deem necessary. Such conditions may be modified, if conditions warrant, during the life of such permit. (Ord. 3676 § 4, 2008; Ord. 3162 § 6, 1991)

12.14.070 Permit—Fee.

Fees for permits issued pursuant to this chapter shall be as determined by resolution of the city council. (Ord. 3676 § 4, 2008; Ord. 3162 § 7, 1991)

12.14.080 Permit—Revocation stoppage.

In the event that a permit holder should, in the performance of work under the permit, fail to comply with the terms thereof, or perform the work in accordance with such terms, the city engineer may order that all work pursuant to the permit be halted until compliance with the permit; if, within thirty calendar days after such stoppage of work, the permit holder has not complied with such permit terms, the city engineer may revoke the permit. In the event that it is necessary for the city to perform work to correct defective work or materials of any permit holder after revocation of such permit, the city shall have the right to recover from such permit holder the cost of such work performed by the city. (Ord. 3676 § 4, 2008; Ord. 3162 § 8, 1991)

12.14.090 Permit—Revocation—Appeal.

Any action of the city engineer revoking a permit issued pursuant to this chapter shall be appealable to the city manager of the city within ten working days thereafter, which appeal shall be upon written notice to the city manager, and which appeal shall be considered within ten working days after receipt thereof by the city manager. In the absence of the city manager, such appeal procedure shall be directed to the director of public works. (Ord. 3676 § 4, 2008; Ord. 3162 § 9, 1991)

12.14.100 Liability for defective work.

In the event that any work performed pursuant to this chapter should be improperly performed, or should become defective within one year after the termination of the permit or the conclusion of the work, the person to whom the permit was issued shall be responsible for correcting such defective work, or paying the cost of such correction. Defective work shall include, but not be limited to, settlement within the areas of excavation or embankment, or pavement failure. Upon notification of the existence of such defective work, the holder of such a permit shall take immediate steps to remedy such defective work. (Ord. 3676 § 4, 2008; Ord. 3162 § 10, 1991)

12.14.110 Purpose of fees imposed.

The fees for permits under this chapter shall not be deemed to be fees for use of streets, alleys, sidewalks or other public ways. The fees imposed pursuant to this chapter are for the sole purpose of defraying the costs connected with the administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter. (Ord. 3676 § 4, 2008; Ord. 3162 § 11, 1991)

12.14.120 Violation—Penalty.

Violation of any of the provisions of this chapter shall be punishable as provided in Section 1.40.010, as now existing or as hereafter amended. (Ord. 3676 § 4, 2008; Ord. 3162 § 12, 1991)