Chapter 12.05
GENERAL PROVISIONS

Sections:

12.05.010    Repealed.

12.05.015    Construction – Intent.

12.05.020    Financial guarantees authorized.

12.05.030    Definitions.

12.05.040    Removal of facilities/equipment in City rights-of-way.

12.05.050    Violation – Enforcement – Penalty.

12.05.010 Relationship to comprehensive plan and Growth Management Act.

Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.02.010).]

12.05.015 Construction – Intent.

A. This code is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. It also the purpose of this code to regulate activities within the rights-of-way in the interest of public health, safety and welfare; and to provide for the fees, charges, enforcement, and procedures required to administer such regulations.

B. It is expressly the purpose of this code and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code or any procedures adopted hereunder.

C. It is the specific intent of this code and any procedures adopted hereunder to place the obligation of complying with the requirements of this code upon the person, franchisee or permittee seeking to use the rights-of-way, and no provision is intended to impose any duty upon the City of Kenmore, or any of its officers, employees or agents. Nothing contained in this code or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Kenmore, or its officers, employees or agents, for any injury or damage resulting from the failure of the person, franchisee or permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code or any procedures adopted hereunder by the City of Kenmore, its officers, employees or agents. [Ord. 18-0458 § 1 (Att. A).]

12.05.020 Financial guarantees authorized.

The department is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of KMC Title 21. [Ord. 18-0458 § 1 (Att. A); Ord. 11-0330 § 1 (Exh. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.02.020).]

12.05.030 Definitions.

This section contains definitions of terms used throughout this title.

A. “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.

B. “City manager” means the City of Kenmore city manager or his or her designee(s).

C. “City property” means all City real property, including but not limited to recreational trails, parks and dedicated open space.

D. “Department” means the City department or outside agency assigned by the city manager to administer a portion of the City code.

E. “Development” means any activity that requires a permit or approval, including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development permit or right-of-way use permit.

F. “Encroachment” means any structures permanent in nature, including, but not limited to, building extension, marquee, fence, stairway, railing, retaining wall, artwork, or any other building or structure constructed, erected or maintained in, over or under any public place, right-of-way, easement, roadway, parking strip and/or sidewalk, including the airspace above them.

G. “Right-of-way use permit, limited” means a permit authorizing the use or improvement of the City right-of-way for a designated purpose, typically for a period of time limited to one year or less.

H. “Right-of-way use permit, access” means a permit authorizing the use of unopened City right-of-way for a subdivision or property access, typically for a period of time exceeding one year in duration.

I. “Right-of-way use permit, encroachment” means a permit authorizing the use of the City right-of-way for an encroachment, typically for a period of time exceeding one year in duration.

J. “Special use permit” means a permit for the use of City property issued pursuant to this title.

K. “Utilities” means private and public providers of utilities, including water, wastewater, electric, telephone, telecommunications, personal wireless services, cable television, natural gas lines, and solid waste. [Ord. 18-0458 § 1 (Att. A); Ord. 11-0330 § 1 (Exh. A).]

12.05.040 Removal of facilities/equipment in City rights-of-way.

Except as may be required by Chapter 35.99 RCW, any utility that locates any facilities/equipment in the rights-of-way shall relocate, remove or reroute said facilities/equipment, as ordered and in the time frame required by the City to accommodate a City project, at no expense or liability to the City. If a utility fails to timely perform such work, then the city manager may, but is not required to, order and complete all work necessary to remove the facilities/equipment from the rights-of-way to accommodate a City project. The utility shall reimburse the City for the reasonable actual costs of the work, including City overhead (provided that in no event shall such overhead exceed 10 percent of the total costs, fees and expenses of third parties), within 30 days of the City’s invoice for such work. In addition, the utility shall indemnify, protect and hold harmless the City from any third-party claims for service interruption or other losses in connection with any such change or removal of the facilities/equipment, other than the City’s negligence or willful misconduct. [Ord. 18-0458 § 1 (Att. A).]

12.05.050 Violation – Enforcement – Penalty.

A. The violation of or failure to comply with any provision of this title is declared to be unlawful. The city manager shall have the authority to enforce this title and to adopt procedures for the purpose of implementing or carrying out other responsibilities required by this title.

B. Any violation or failure to comply with any provision of this title is a civil violation as provided for in Chapter 1.20 KMC, for which a monetary penalty may be assessed and abatement may be required as provided herein. The city manager may, but is not required to, seek voluntary correction pursuant to KMC 1.20.070, prior to the assessment of monetary penalties for violation of this title. [Ord. 18-0458 § 1 (Att. A).]