Chapter 12.08
CONSTRUCTION, REPAIR AND MAINTENANCE*

Sections:

12.08.010    Purpose.

12.08.020    Definitions.

12.08.030    Permit required.

12.08.040    Joint permits.

12.08.045    Co-locations of underground communications wires, cables and television cables and other connective devices.

12.08.050    Exemptions.

12.08.060    Application – Fees.

12.08.070    Minimum standards – Special conditions.

12.08.080    Permit fee.

12.08.090    Failure to comply with permit –Work stoppage – Revocation of permit – Damages.

12.08.100    Revocation of permit – Appeal.

12.08.110    Liability for defective work.

12.08.120    Purpose for imposition of fees.

*For the statutory provisions regarding the control of code cities over their streets, see Chapter 35A.47 RCW.

12.08.010 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 power, establish regulations governing the same. (Ord. 2320 § 1, 1988; Ord. 791 § 1, 1955).

12.08.020 Definitions.

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

(1) “Alley” means a duly dedicated public alley;

(2) “Person” means the plural as well as the singular, and shall include any partnership, association, group or corporation;

(3) “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;

(4) “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;

(5) “Street” means a duly dedicated public street. (Ord. 2320 § 1, 1988; Ord. 791 § 2, 1955).

12.08.030 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 duly obtained from the office of the city engineer. The terms “constructed, altered, maintained or repaired,” shall, for purposes of this chapter, be deemed to include 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. (Ord. 2320 § 1, 1988; Ord. 791 § 3, 1955).

12.08.040 Joint permits.

In those instances where such construction, alteration, maintenance or repair work is to be performed by two or more persons, only one permit shall be required. The cost for such permit shall be the obligation of the applicant, and the applicant shall be responsible for compliance with all of the terms of such permit, including any subsequent repairs deemed necessary to correct defective work as provided in LMC 12.08.090. (Ord. 2320 § 1, 1988; Ord. 791 § 4, 1955).

12.08.045 Co-locations of underground communications wires, cables and television cables and other connective devices.

(1) Any person, firm or corporation hereafter seeking to install underground cables, wires, or other connective devices within, across, along, under or through any right-of-way for communications purposes or for cable television purposes shall:

(a) Install conduit in such a diameter as shall be determined by the city engineer as being capable of accommodating cables or wires of additional other communications service providers and/or cable television; and/or

(b) Place their cables and/or wires into existing conduit that has been installed to accommodate cables and/or wires of multiple providers of communications service and/or cable television;

(c) Direct burial shall not be allowed. All underground cables or wires shall be placed in conduit of the material, size, and alignment prescribed by the city engineer.

(2) In the event that underground conduit installed to accommodate multiple providers of communications service and/or cable television is used for the installation of cables or wires of an additional provider or providers, the initial installer of such conduit shall be entitled to charge to and recover from such other users of such conduit prior to their installation of cables or wires, a one-time charge of an amount which is equal to but not in excess of any additional cost incurred by such installer (not including any permit fees or inspection fees) of conduit of the actual installed size as compared with the cost of the size of conduit necessary to accommodate only the cables or wires of such installer; provided, however, that this subsection shall only be applicable to subsequent installations of cables or wires that occur within 36 calendar months after the initial installation of such conduit.

This section shall be inapplicable in instances where the placement of such wires or cables will interfere with other wires or cables as determined in writing by an independent electronic/communications engineer. (Ord. 2659 § 2, 1997).

12.08.050 Exemptions.

No permit shall be required for the following:

(1) 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;

(2) Work allowed and approved by other permits issued by the city;

(3) The planting or maintenance of decorative vegetation within a right-of-way, including street trees as they may be regulated by law; provided, that vegetation in a right-of-way is subject to removal at any time by order of the city engineer, without liability for damages to the person owning the vegetation;

(4) Those uses which the city engineer finds to be of a minor nature, for which a permit is not justified; and

(5) Emergency repairs to existing facilities. (Ord. 2320 § 1, 1988; Ord. 791 § 5, 1955).

12.08.060 Application – Fees.

Permits pursuant to this chapter shall be issued by the office of the city engineer, upon receipt of a written application therefor, and upon the payment of the required permit fees. The application shall be on a form provided by the office of the city engineer, and shall require the following minimum 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 description of the intended work to be performed, the anticipated commencement and ending construction dates;

(3) Plans for the proposed work, or, in the event of minor work as determined by the city engineer, a sketch in a format satisfactory to the city engineer’s office. Whenever applicable, standard plans adopted by the city or included in the current edition of the APWA Standard Specifications shall be used; provided, however, that plans are not required in advance of the performance of emergency repairs to existing installations or for the replacement or substitution of cables or wires in existing underground or overhead installations; provided further, that such plans shall be submitted within 72 hours following the completion of such work. (Ord. 2659 § 3, 1997; Ord. 2320 § 1, 1988).

12.08.070 Minimum standards – Special conditions.

All work to be performed in accordance with this chapter shall conform to the minimum requirements of the Standard Specifications for Public Works, as adopted in Chapter 14.04 LMC. 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. 2320 § 1, 1988).

12.08.080 Permit fee.

Fees for permits issued pursuant to this chapter shall be as determined by resolution of the city council. (Ord. 2320 § 1, 1988).

12.08.090 Failure to comply with permit –Work stoppage – Revocation of permit – Damages.

In the event that a permit holder should, in the performance of work under such 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 such permit be halted until compliance with such permit; if, within 30 days after the stoppage of work, the permit holder has not complied with the 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 the work performed by the city. (Ord. 2320 § 1, 1988).

12.08.100 Revocation of permit – 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 10 days thereafter, which appeal shall be upon written notice to the city manager, and which appeal shall be considered within 10 days after receipt thereof by the city manager. In the absence of the city manager, such appeal procedure shall be directed to the assistant city manager/director of public works. (Ord. 2320 § 1, 1988).

12.08.110 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 em-bankment, 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. 2320 § 1, 1988).

12.08.120 Purpose for imposition of fees.

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 administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter. (Ord. 2320 § l, 1988).