Chapter 12A.07RIGHT-OF-WAY

Sections:

12A.07.010
Objects or Activity within the Right-Of-Way.
12A.07.020
Equipment and Materials within the Right-Of-Way.
12A.07.030
Coordination Requirements.
12A.07.040
Vehicles - Escape of Load.
12A.07.050
Unlawful to Deposit Material on Right-of-Way.
12A.07.060
Identification of Owner - Evidence of Dumping Material.
12A.07.010Objects or Activity within the Right-Of-Way.

A. No person, organization, or agency shall place, erect, or install any object of any nature whatsoever, within a City right-of-way without a right-of-way permit issued by the City Engineer. Any such object now in place within a City street right-of-way without written permission of the City Engineer is declared illegal and a public nuisance; provided, that this Section shall not apply to mailboxes and attached newspaper boxes, placed on the right-of-way, where these are placed as far removed from the driving portion of the right-of-way as possible, except that said placement shall be subject to approval of the City Engineer.

B. The adjoining property owner, or any person placing any object or doing any work within the right-of-way in violation of these regulations, shall be responsible for the removal of the object and repair of the right-of-way to the satisfaction of the City Engineer within forty-eight hours of receipt of written notice from the City.

C. If the object is not removed or work repaired within forty-eight hours and it unreasonably hampers or prevents the proper use of the right-of-way, it may be removed by the City at the cost of the person(s) placing the object or working in the right-of-way. The notice requirement may be waived and the object may be immediately removed by the City if it presents an immediate threat of physical harm to persons or property. Placing an object or obstruction within the right of way or failing to remove an object or work from a right of way after notice that such object or work must be removed is a misdemeanor crime, punishable by imprisonment in jail for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000), or by both such imprisonment and fine, when such object or work hampers or prevents proper use of the right of way. The property owner or person responsible for obstructing or placing an object in the right of way shall be responsible for the costs of such removal.

D. Any object or encroachment in the right-of-way which does not interfere with the proper and legitimate use of such right-of-way constitutes a Class 2 civil infraction as defined in LMC section 1.48.010, punishable by a fine of up to $500. Each day, location, violator and incident shall constitute a separate Civil Infraction. (Ord. 501 § 3 (part), 2009.)

12A.07.020Equipment and Materials within the Right-Of-Way.

During nonworking hours all project sites are to be left in a manner that allows the public to safely use all right-of-way. Equipment and materials are not allowed in the right-of-way during nonworking hours unless they are placed in a safe location or protected by permanent guardrails, lighted barricades, or temporary concrete barriers. The use of temporary concrete barriers in the right-of-way is permitted only if the City Engineer approves the installation and location. During work hours, only materials or equipment necessary for construction are allowed in the right of way or roadway. (Ord. 501 § 3 (part), 2009.)

12A.07.030Coordination Requirements.

At the time of application for a right-of-way permit, the applicant shall notify all other public and private utility entities known to be using or proposing to use the same right-of-way of the proposed timing of such construction. Within seven (7) days of receiving this notification, any such entity notified may request a delay of the proposed construction to coordinate other right-of-way construction with the applicant.

The City Engineer may approve a delay of up to ninety (90) days, except in case of emergencies, if he/she determines that such delay will reduce the inconvenience to City street users from construction activities and that the delay will not create undue economic hardship on the applicant. The City Engineer shall also coordinate the approval with City street improvements and maintenance and may also delay the construction under the same circumstances. (Ord. 501 § 3 (part), 2009.)

12A.07.040Vehicles - Escape of Load.

No vehicle shall be driven or moved on a public highway of the City unless such vehicle is so constructed or loaded as to prevent any of its load or contents from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water may be sprayed on streetways in the cleaning and maintaining of such streetways by public authority having such jurisdiction. Any person operating a vehicle from which any objects have fallen or escaped shall immediately cause the highway to be cleaned of all such objects. A violation of this section constitutes a Class 2 civil infraction as defined in LMC section 1.48.010, punishable by a fine of up to $500. Each day, location, violator and incident shall constitute a separate Civil Infraction. (Ord. 501 § 3 (part), 2009.)

12A.07.050Unlawful to Deposit Material on Right-of-Way.

It is unlawful for any person to deposit any materials, or allow any materials to be deposited or to remain upon any public right-of-way of the City or upon private or public property adjoining the highway on either side of the right-of-way, except at duly designated dumping places as set out and so marked and authorized by the City Council. Any person violating this Section shall be responsible for the removal of the material within forty-eight (48) hours after being given written notice from the City that such materials must be removed. If the materials are not removed within forty-eight (48) hours, the violator shall be responsible for all costs incurred by The City in removing the materials. A violation of this section constitutes a Class 2 civil infraction as defined in LMC section 1.48.010, punishable by a fine of up to $500. Each day, location, violation and incident shall constitute a separate Civil Infraction. Materials placed or allowed to remain upon public right of way are a public nuisance. LMC 12A.02.050. (Ord. 501 § 3 (part), 2009.)

12A.07.060Identification of Owner - Evidence of Dumping Material.

Whenever materials of any nature are found upon private or public property adjoining any public highway or on any right-of-way of the City, the adjoining property owner shall be responsible for the removal of such items. (Ord. 501 § 3 (part), 2009.)