Chapter 12.04


12.04.010    Definitions.

12.04.020    Prohibited acts – Notice and permit required.

12.04.030    Application requirements.

12.04.040    Permit conditions.

12.04.050    Inspection and verification.

12.04.060    Charges and deposits.

12.04.070    Exceptions.

12.04.080    Penalties – Enforcement – Appeal.

Legislative history: Ords. 31, 89-191, 93-296 and 93-300.

12.04.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and any accompanying procedures:

“Applicant” means the person, firm or organization making application for a permit, holding a permit, or doing work under a permit issued under this chapter.

“City” means the city of Mill Creek.

“City engineer” means the city engineer of the city of Mill Creek or his/her designee.

“Permit” means a document granted under the provisions of this chapter authorizing specified work in city rights-of-way.

“Restoration” means the act of repairing, replacing or cleaning the right-of-way to its former condition with like or better quality.

“Right-of-way” means all property in which the city has any form of ownership, title, easement or interest and which is held for public road or travel purposes, regardless of whether any road or sidewalk exists thereon or whether it is used, improved or maintained for public travel.

“Structure” means any building, booth, scaffold, fence, stand, platform, sign, pole, ladder, posts, pipe, wire, cable or any other thing placed or maintained on, over, under or within any right-of-way.

“Work” means any activity disturbing, disrupting, impairing, hampering, impeding or preventing public travel on or access to any right-of-way, or affecting any improvement on any right-of-way. (Ord. 2004-593 § 1)

12.04.020 Prohibited acts – Notice and permit required.

A. Except upon application to and issuance by the city of a permit, it shall be unlawful to do any work in any right-of-way. Work for which a permit is required shall include, but not be limited to, the following:

1. Placing or maintaining any structure within a right-of-way.

2. Spilling, dumping, discharging or depositing any material within a right-of-way.

3. Excavating, filling, or grading any land, or constructing any structure when said activity does or is likely to result in any deposit of dirt, mud, rock, debris or other material within a right-of-way.

4. Cutting, pruning, or disturbing any brush, trees or landscaping within a right-of-way.

5. Cutting, digging, marring or otherwise disturbing the road, road bed, road surface, sidewalk, sidewalk bed, sidewalk surface or any other portion of a right-of-way.

6. Use of right-of-way in connection with approved development actions regulated by MCMC Titles 14 through 18.

7. Pavement disturbance or pavement restoration under Chapter 12.18 MCMC.

B. A separate permit shall be required for each separate work occurring on a right-of-way, as determined by the city engineer.

C. A separate permit shall be required for each separate person, firm or corporation working in any right-of-way, as determined by the city engineer. (Ord. 2011-728 § 2; Ord. 2004-593 § 1)

12.04.030 Application requirements.

A. Application for permits shall be on a form provided by the city engineer. No application shall be accepted for review unless accompanied by the fees, charges or deposits described in MCMC 12.04.060. No application shall be accepted for review unless it contains all information required by the city engineer.

B. All applications for permits shall contain, at a minimum, the following information:

1. Location of the proposed work.

2. Reason for the proposed work.

3. Dates and duration of the proposed work, including restoration.

4. Description of the proposed work, including drawings and/or diagrams and risk assessment of potential spills or deposit of debris in the right-of-way.

5. Description of any required or proposed warnings or protective structures and their approximate locations.

6. Name, address and phone number of the person, firm or organization requesting the permit, including the name and phone number of a responsible contact person.

7. If applicable, the name of the contractor or subcontractor, their bonding company and bond number. (Ord. 2004-593 § 1)

12.04.040 Permit conditions.

A. The city engineer shall review the application within 10 days of its acceptance. If the city engineer concludes that the work can comply with the provisions of this chapter and Chapter 12.18 MCMC, the city engineer may grant the permit and shall include such terms and conditions as are required by the code and/or as necessary to protect the public health, safety and welfare.

B. The following conditions shall apply to every permit, and shall be in addition to any conditions particular to a specific permit:

1. All permits shall be permissive and shall grant no rights, and shall be subject to the public right of travel on and access to the right-of-way.

2. The applicant shall have secured all other necessary or required permits, licenses or legal approvals.

3. Signing and traffic control provided by applicant shall comply with the current edition of the Manual on Uniform Traffic Control Devices, as approved by the Washington Department of Transportation.

4. All work performed shall conform to the design standards and specifications of the city, and all standard manuals used by the city in the administration of its duties.

5. Restoration shall be required and completed within the designated duration of the permit.

6. Right-of-way surfaces shall be cleaned prior to the end of each day’s operation, and all catch basins, culverts or other city-owned improvements affected by any deposit of dirt, mud, rock, debris or other material shall be cleaned as specified by the city engineer.

7. All permits shall lapse at their designated time, unless earlier revoked; provided, however, that written requests for extensions may be made when delays have or will preclude timely completion of the work. Approval of such request shall be discretionary by the city engineer.

8. The applicant shall agree to hold harmless and indemnify the city as specifically described on the face of each permit.

9. The applicant shall provide property damage and liability insurance when requested by the city engineer.

10. No permit shall be assigned. (Ord. 2011-728 § 3; Ord. 2004-593 § 1)

12.04.050 Inspection and verification.

A. The city engineer shall at his discretion inspect work occurring on rights-of-way and verify compliance with this chapter, Chapter 12.18 MCMC, and the applicable permit. Inspections may be made to assist in defining permit requirements, upon completion of work to verify restoration, or for any other reason.

B. Initial inspection costs shall be included in the application fee. When a reinspection is required or when the city is required to complete restoration of any right-of-way, then all inspections connected therewith shall be calculated at the city’s usual and accustomed charge and deducted from the applicant’s deposit. (Ord. 2011-728 § 4; Ord. 2004-593 § 1)

12.04.060 Charges and deposits.

A. All applications submitted under this chapter shall be accompanied by a nonrefundable fee as provided in Chapter 3.42 MCMC.

B. No permit shall be issued except upon prior deposit with the city clerk-treasurer of a cash sum or certified check sufficient, as determined by the city engineer, to guarantee complete performance of the permit conditions and/or payment for restoration of the right-of-way should the applicant fail to comply with the permit conditions. Minimum deposits shall be provided in Chapter 3.42 MCMC.

C. If the city or any contractor hired by the city is required for any reason to complete restoration or fulfill any permit condition, the city engineer shall deduct any sums necessary to complete such work, including administrative expenses, from the deposit. If the deposit is insufficient to cover such costs, the city engineer shall require an additional deposit or bill the applicant for the amount due. No associated permit shall be issued until the city is reimbursed for such costs. The city engineer shall refund any remaining deposit funds six months after verification of full compliance with all permit conditions.

D. If any enforcement action is taken pursuant to this chapter, and if the applicant does not comply therewith, then all associated enforcement costs, including administrative expenses, shall be deducted from the deposit. If work is thereafter permitted to recommence, the city engineer shall require the applicant to post an additional deposit consistent with this section.

E. Any change in the schedule of fees, charges and deposits required under this chapter as set forth in Chapter 3.42 MCMC shall be determined by resolution of the city council. (Ord. 2004-593 § 1)

12.04.070 Exceptions.

A. Maintenance by residential homeowners of areas adjoining their property and lying within an improved right-of-way, such as landscaped areas between sidewalks and roadways, parking strips, and similar areas.

B. Emergency responses by franchise holders or utility companies to such events as water or sewer main breaks, gas leaks, downed power poles or underground power interruptions. The city engineer may order them moved or removed if it is determined that their construction or location constitutes an unsafe condition. In the event that an emergency response is necessary, the franchise or utility shall notify the city immediately and apply for a permit within 48 hours.

C. This chapter shall not be construed to supersede Chapter 17.26 MCMC regulating signs, but shall be construed as supplemental when it is reasonable to do so. (Ord. 2004-593 § 1)

12.04.080 Penalties – Enforcement – Appeal.

A. Enforcement. The city engineer shall enforce the provisions of this chapter by any lawful means. He may promulgate rules and regulations to implement this chapter, including a schedule of fines and monetary penalties. The enforcement methods identified in this section are not intended to be the exclusive means of enforcement, and the city engineer may utilize them as appropriate.

B. Criminal Violation. Any applicant violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Chapter 1.16 MCMC.

C. Civil Violation. Notwithstanding any other section of this chapter, in the event that any applicant fails to comply with the provisions of this chapter, the city engineer may cause a notice of violation and stop work order to be delivered to the applicant or the work site ordering all work to cease until authorized to proceed. Failure to immediately comply with a stop work order shall be a civil offense punishable as provided in Chapter 1.16 MCMC.

D. Public Nuisance. All violations of this chapter are determined to be detrimental to the public health, safety and welfare and are declared to be a public nuisance. This chapter or any amendments thereto may be enforced by a mandatory injunction brought by the owner or owners of land in proximity to the proscribed condition, or the city attorney may commence an action or proceeding for abatement, removal and enjoinment thereof, in a manner provided by law, and make take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate the nuisance and restrain and enjoin any person from constructing, maintaining or continuing the nuisance or using the right-of-way contrary to the provisions of this chapter and any amendments thereto.

E. Permit Revocation. Notwithstanding any other section of this chapter, the city engineer may immediately revoke or suspend any permit by giving the applicant written notice thereof if any of the following has occurred:

1. The permit was procured by fraud or misrepresentation in any particular.

2. The work creates an unsafe condition with respect to the public, public property, any abutting property, or any other property, person or thing lawfully in or adjacent to the right-of-way.

3. The applicant has failed to comply with any term of this chapter or any other applicable law, statute, code provision or regulation.

4. The applicant has failed to pay any fee, penalty or deposit levied pursuant to this chapter.

5. The applicant has permitted or maintained any nuisance on the right-of-way.

F. Appeal. A decision of the city engineer to issue or refuse to issue a permit or to revoke or refuse to revoke a permit or to issue a stop work order may be appealed to the city manager by filing a notice of intent to appeal such decision with the city clerk within three business days of the issuance of the decision being appealed. The city manager shall complete a review of the situation and issue a final decision on the appeal within 30 days of the filing of the appeal. (Ord. 2004-593 § 1)