Chapter 15.40
OFFENSES
Sections:
15.40.010 Tampering with fire hydrant.
15.40.020 Excavation—Permission required.
15.40.030 Tampering with water system.
15.40.040 Use of fire protection facilities.
15.40.050 Connection between private and city water or sewer system.
15.40.060 Violation—Liability for expenses.
15.40.070 Impeding drainage ditches with debris.
15.40.080 Planting trees and shrubs near sewer—Removal.
15.40.090 Issuance of public works stop work order.
15.40.010 Tampering with fire hydrant.
It is unlawful for any person, except when duly authorized by the public works director or by a member of the fire department, to open, operate, close, turn on, turn off, interfere, attach any pipe or hose to, or to connect anything with any fire hydrant, stop valve, or stop cock belonging to the city. (Ord. 3368 § 12 (part), 1993: Ord. 2062 § 7, 1969)
15.40.020 Excavation—Permission required.
It is unlawful for any person to dig into any street or sidewalk for the purpose of laying, moving or repairing any water service line, water main, valve, hydrant, or cock, without having first secured permission to do so from the public works director and obtaining the necessary permits. (Ord. 3368 § 12 (part), 1993: Ord. 2062 § 7.02, 1969)
15.40.030 Tampering with water system.
It is unlawful for any person to bypass any water meter, damage or tamper with such meter with intent to prevent or alter its recording of water, tap a water line, connect to a water hydrant or in any other way tamper with any part of the water system with the intent to secure water without paying therefor or without properly making the application or paying the deposit required by this title. In addition to the other penalties for such acts provided by this title, or any person found guilty of such acts may be denied water service for a period of not in excess of one year, and may be required to post a cash bond equal to five times his ordinarily anticipated bimonthly billing as a precondition of future service. (Ord. 2062 § 7.03, 1969)
15.40.040 Use of fire protection facilities.
It is unlawful for any person to use or permit the use of fire protection facilities installed pursuant to Section 15.24.060 for any purpose other than fire protection. (Ord. 2062 § 7.05, 1969)
15.40.050 Connection between private and city water or sewer system.
It is unlawful for any person to make any physical connection between a private water supply system and the city water system. It is unlawful for any person to make any physical connection between a private sewer connection system and the city sewer system. It is unlawful for any person having the right to possession or control of any such private system to permit or allow the physical connection of such private system to the city system. (Ord. 2062 § 7.06, 1969)
15.40.060 Violation—Liability for expenses.
Any person who violates any of the provisions of this title shall be liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2062 § 7.07, 1969)
15.40.070 Impending drainage ditches with debris.
It is unlawful for any persons in the city to put or allow to be placed in any of the drainage ditches in and for the city any grass cuttings, paper, debris, or foreign substance of any kind or character whatsoever, so as to in any way impede the flow of water in the drainage ditches. (Ord. 504 § 1, 1945)
15.40.080 Planting trees and shrubs near sewer—Removal.
(a) It is unlawful to plant, within thirty feet of any public sewer, any willow, poplar, cottonwood, soft maple, gum trees, or any other tree or shrub whose roots are likely to enter and obstruct the flow of said sewers.
(b) The city engineer is authorized to remove any trees or shrubs from any public street or the roots of any trees or shrubs which extend into any public street when such trees or shrubs or the roots thereof are obstructing or are liable to obstruct any public or private sewer or drainage. Before making any such removal the city engineer shall give ten days’ notice, in writing, to the owner or occupant of the abutting property or the property on which such trees or shrubs are growing, requiring such owner or occupant to remove the same. If the written notice cannot be given such owner or occupant the notice may be posted on the premises or in the street at the location of the trees or shrubs requiring such removal. If such owner or occupant fails or refuses to remove such trees or shrubs and roots within the time specified, the city engineer is authorized to do so and the cost of removal thereof shall be charged to the owner or occupant and upon giving such written notice of the amount thereof to the owner or occupant or by posting such notice at the location of the trees or shrubs, the cost thereof shall be immediately payable to the city treasurer by such owner or occupant. (Ord. 3368 § 12 (part), 1993: Ord. 874 § 38.0, 1962)
15.40.090 Issuance of public works stop work order.
(a) The director of the public works department and any employee of the department to whom the authority herein established has been delegated in writing by the director, shall have the authority to order immediate cessation of any work or other activity then being performed within or upon any public right-of-way or public easement, or within or upon any property which upon completion of the work or activity is to be conveyed or dedicated as public right-of-way or public easement. Such authority may be exercised only when it appears that such work is being performed either without a contract so to do with the city or prior to the issuance of any city permit required to be issued for such work or activity or when it appears that such work or activity is being performed in a manner which is in violation of the special conditions or the regulatory performance standards under which such permit was issued.
(b) The order for immediate cessation of work shall be given by posting in a conspicuous location upon the subject property a stop work order substantially in the following form:
CITY OF KIRKLAND
DEPARTMENT OF PUBLIC WORKS
123 5TH AVENUE
KIRKLAND, WASHINGTON 98033
ALL PERSONS ARE HEREBY ORDERED AT ONCE TO
STOP WORK
PERTAINING TO CONSTRUCTION, ALTERATION, REPAIR, GRADING, PAVING OR OTHERWISE DISTURBING OR OBSTRUCTING THE PREMISES
ON THESE PREMISES AT ___________ _____________________________. THIS ORDER IS ISSUED BECAUSE ______ ________________________ KIRKLAND MUNICIPAL CODE CHAPTER 15.40.090 POSTED _______ A.M./P.M. __________, 19____.
BY: _______________________________
WARNING: THE FAILURE TO STOP WORK, RESUMPTION OF WORK WITHOUT PERMISSION OF THE PUBLIC WORKS OFFICIAL, OR REMOVAL, MUTILATION, DESTRUCTION OR CONCEALMENT OF THIS NOTICE IS PUNISHABLE BY FINE AND IMPRISONMENT. EACH DAY OF CONTINUED VIOLATION MAY BE CONSIDERED A SEPARATE OFFENSE.
(c) It is unlawful for any person to continue the work or activity, to resume the work or activity, or to commence any new work or activity on any site posted with a stop work order until such time as the director of public works or his delegate has removed or authorized the removal of said stop work order. It shall be unlawful for any person other than the director of public works or his delegate to remove from the site a stop work order once posted pursuant to this chapter. Violation of any provision of this section shall be a misdemeanor. (Ord. 3368 § 13, 1993)