Chapter 12.20

12.20.000    Chapter Contents


12.20.010    Definitions. Revised 1/18

12.20.020    Disturbance of public property--Permit required--Emergency excavation. Revised 1/18

12.20.030    Permit--Application filing requirements. Revised 1/18

12.20.040    Permit--Conditions of issuance--Contents. Revised 1/18

12.20.050    Fees for permits. Revised 1/18

12.20.060    Bond may be required--Insurance requirements --Compliance with state law. Revised 1/18

12.20.070    Notice for commencement--Notice for inspection. Revised 1/18

12.20.080    Devices for warning public. Revised 1/18

12.20.090    Safety provisions to be observed. Revised 1/18

12.20.100    State safety standards and regulations adopted--Interpretation in case of conflict. Revised 1/18

12.20.120    Pedestrian and vehicular crossings. Revised 1/18

12.20.130    Interference with utilities--Protection of apparatus. Revised 1/18

12.20.140    Vacant. Revised 1/18

12.20.150    Maintenance of postal service. Revised 1/18

12.20.160    Monuments not to be disturbed without authorization. Revised 1/18

12.20.170    Damage to existing improvements. Revised 1/18

12.20.180    Property lines and easement limits. Revised 1/18

12.20.190    Excavated soil. Revised 1/18

12.20.200    Fire apparatus to be unimpeded. Revised 1/18

12.20.210    Vacant. Revised 1/18

12.20.220    Cleaning area after construction. Revised 1/18

12.20.230    Snow and ice removal. Revised 1/18

12.20.240    Sanitary facilities. Revised 1/18

12.20.250    Pipe trenches. Revised 1/18

12.20.260    Removal of water from trenches. Revised 1/18

12.20.270    Excavations through pavement – New pavement cut prohibition – Pavement restoration fee. Revised 1/18

12.20.280    Tunnels under pavement--Pipe casings. Revised 1/18

12.20.290    Compacting of backfill. Revised 1/18

12.20.300    Restoration of roadway surfaces – Temporary and Permanent. Revised 1/18

12.20.310    Restoration by city engineer upon default. Revised 1/18

12.20.320    Plans of use of subsurface street space. Revised 1/18

12.20.330    Location of utilities. Revised 1/18

12.20.340    Nuisances designated--Abatement. Revised 1/18

12.20.350    Applicability of chapter to private utilities. Revised 1/18

12.20.365    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction. Revised 1/18

(Ord. 7110 §1, 2017).

12.20.010 Definitions Revised 1/18

The following definitions are provided for the sole purpose of proper interpretation and administration of this chapter:

A.    "City engineer" means the city engineer or his duly authorized representative of the city engineer.

B.    "Construction" or "construct" means constructing, laying, maintaining, testing, operating, extending, renewing, removing, replacing, repairing and using any utility system or portion thereof.

C.    "Distribution system and/or lines" used either in the singular or plural means and includes pipes, conduits, poles and wires, sewer, strormwater and water pipe lines, mains, laterals, feeders, regulators, meters, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto, or in any way appertaining to utilities.

D.    "Maintenance," "maintaining" and/or "maintained" means and includes the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating and restoring operations incidental thereto.

E.    "Permittee" means any person, company, partnership or corporation or its successors and assigns who has applied for or holds a permit from the city to construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public property, public improvements and other places in the city, a system of pipes, pipelines, water mains, power conduits, underground or overhead wiring, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances and appliances incidental thereto or in any way appertaining thereto.

F.    "Person" means any person, firm, association or corporation.

G.    "Public property" means and includes public right-of-way, streets, alleys, sidewalks, curbs, roads, highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds, public improvements and other public places within the present and/or future corporate limits of the city.

H.    "Roadway" means a paved, improved street or proper driving portion of a public rights-of-way designed or ordinarily used for vehicular travel.

I.    “Standard Specifications” means the current edition of the Washington State Department of Transportation’s Standard Specifications for Road, Bridge and Municipal Construction, including all supplements, appendices, and all subsequent additions.

J.    "Utility" or "utility system" means any gas, oil, water, sewer, stormwater, light, power, telephone, telecommunications, television, steam, burglar alarm, distribution system, pipes or pipelines, conduits, poles and wires or other facilities necessary or appertaining thereto, and railroads, both public and private, and whether operating under a franchise or not.

(Ord. 7110 §1, 2017; Ord, 2972 §1, 1956).

12.20.020 Disturbance of public property –Permit required –Emergency excavation Revised 1/18

It is unlawful for any person to place any poles or wires upon or above, or any ducts, conduits or wires below the surface of any public properties, to dig up, break, excavate, tunnel, undermine, cut or in any way obstruct or disturb any public properties in the city, or to fill in, place or leave or deposit in or upon any public properties any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same for the installation and/or maintenance of a utility system, or portion thereof, or for the purpose of making a utility connection with any premises without having first obtained a permit, or without complying with the provisions of this chapter, or at variance to the terms of any such permit; provided, however, that in case of an emergency arising out of office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the police department, and the necessary excavation may be made upon the express condition that an application be made in the manner provided in this chapter on or before noon of the next following business day.

(Ord. 7110 §1, 2017; Ord, 2972 §2, 1956).

12.20.030 Permit –Application filing requirements Revised 1/18

An application for permit shall be filed in duplicate in the office of the city engineer on such forms as are specified by the city engineer and shall be accompanied by a detailed plan, specifications and profiles of such size and such scale as may be prescribed by the city engineer of pipes or mains and fixtures to be laid or installed underneath public properties, which shall show the centerline of the street or alley, and in relation thereto the position, location and depth of the distribution system, the height of the proposed work, the pipes or mains intended to be laid, the size of the pipes or mains, the location of the manholes leading to the pipes or mains, if any, and the depth of the pipes or mains from the surface, and such other information as he may require. The permittee, its successors and assigns, shall amend the plans, specifications and profiles in accordance with the orders of the city engineer, before the city issues the permit and before the permittee commences construction or the laying of any pipes or mains, or the construction of any overhead utility service. The permittee shall advise the city engineer in writing of the plan of the excavation, obstruction or other thing desired to be done or constructed, the size thereof, the purpose therefor, the public property to be so excavated and/or obstructed, together with a full description of the nature of such work, the name of the person, firm or corporation for whom or which the work is being done. Whenever additional improvements or extensions are made, additional plans, specifications and profiles shall be filed with the city in the same manner as required above. The application shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done and that no openings shall be made or obstruction erected until necessary fittings and materials are available and on hand to complete the work.

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or until the refill is made ready for the surface to be put on by the city if the city restores such surface. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city engineer. If an extension of time is needed to complete the work beyond the time originally prescribed, a new application for a permit must be filed, and when the application therefor is signed by the city engineer, it shall constitute the permit, provided the bond and insurance is extended for the period of the extension granted.

(Ord. 7110 §1, 2017; Ord. 2972 §3, 1956).

12.20.040 Permit –Conditions of issuance –Contents Revised 1/18

If, after examining such application and map, plans and specifications, the city engineer approves the same and the bond and a workmen’s compensation insurance certificate, if required, are filed, a permit may be issued therefor. Such permit shall specify the name and location of the public properties in front of, through, over, under or near which such acts are to be performed or done, together with a description of the proposed work or acts to be done under such permit, and the length of time allowed for the completion thereof. The permit shall require the repairing and restoring to as good or better condition and in compliance with the conditions and specifications of this chapter, of whatever portion of the public properties and/or private properties that may be obstructed, disturbed or affected in any way within a specified time. The acts and work authorized and/or required under such permit shall at all times be under the supervision and control of the city engineer, or persons acting under the city engineer’s direction, but at the expense of the person procuring such permit.

The city engineer may defer the granting of the permit provided for above until such time as deemed proper in all cases in which the public properties where the work desired to be done are occupied or about to be occupied in any work by the city or by some other person having a right to use the same in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at such time. The city engineer may in granting such permit so regulate the manner of doing such work as shall cause the least inconvenience to the public in the use of such public properties, and in all cases any work of the city or its contractors or employees shall have precedence over all work of every kind.

(Ord. 7110 §1, 2017; Ord, 2972 §4, 1956).

12.20.050 Fees for permits Revised 1/18

A.    Fees for such permits shall be as set forth in Title 4 of this code. The fees as set forth in Title 4 of this code shall apply to excavations made by all private utility companies for utility projects, including natural gas, telephone, power, light and telecommunications.

(Ord. 7110 §1, 2017; Ord. 5126 §2, 1990; Ord. 4733 §1, 1986; Ord. 4422 §8, 1983; Ord, 2972 §5, 1956).

12.20.060 Bond may be required –Insurance requirements –Compliance with the state law Revised 1/18

A.    Before the issuance of any permit, permittee shall furnish to the city a bond to insure performance of the permittee’s obligations under this chapter. The amount of such bond may be varied from time to time in accordance with the size of the project, or may be entirely excused in case of excavations of a minor nature. Such bond shall be in a form to be approved by the city attorney, and with a surety approved, conditioned that the permittee will comply with all the provisions of this chapter, and that the permittee will keep and save harmless the city from any and all claims, liabilities, judgments, costs, casualties, accidents or damages and expenses arising from any negligence of such permittee on account of any act which the permittee may do or suffer to be done, or omission of the permittee in the performance of the work under the permit, or which may be done by any of the city engineer’s agents, servants or employees, or which may arise from any of the city engineer’s agents, servants or employees, or which may arise from any negligence of the aforementioned, or in any event in obstructing or in any way disturbing any private or public properties, or by reason of the violation of any of the provisions of this chapter; provided, that the bond shall be required of electric and telephone utilities only when they place wire underground. The permittee shall also indemnify and save harmless the city from all suits and actions of every description brought against the city for or on account of any injuries or damages received or sustained by any person by reason of failure to erect and maintain the required guards, barricades or signals; provided further, that in case the act or acts permitted under such permit necessitate for any purpose the cutting into or under any public properties in the city, the bond shall be conditioned that the person, firm or corporation applying for and acting under the permit shall replace the portion thereof affected thereby, and shall restore the same at its expense to as good or better condition within the time specified by the city engineer; and further conditioned that the permittee will maintain such public properties so restored for a period of two years from and after such restoration. Settlement within the two-year period mentioned in this section shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work and the release of the same shall not prevent the city from making claim against the permittee for any uncompleted or defective work, if the same is discovered within two years from the date of such release. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after completion of the work.

B.    The permittee shall also maintain in full force and effect, with an insurance company satisfactory to the city, public liability and property damage insurance meeting the requirements and minimum dollar limits listed in Section 1-07.18 of the Standard Specifications and RCW 48.05.

(Ord. 7110 §1, 2017; Ord. 4228 §10, 1980; Ord, 2972 §6, 1956).

12.20.070 Notice of commencement –Notice for inspection Revised 1/18

The permittee shall give a minimum of twenty-four hour notice to the city, requesting an inspection of the permitted work using the City’s permit management software, before it makes any opening in public properties for installations in excess of one hundred feet and two hours’ notice of any other openings in public property. Before it commences to backfill any opening of public properties, it shall give two-hour notice to the city engineer and obtain his approval.

Any delay in giving notice to the officials as required herein shall render the permittee liable to a penalty as set forth in Title 4 of this code, and the permittee shall also be liable for all damages done or suffered by the city or any person, firm or corporation caused by such delay, and the bond provided for in this chapter shall stand as security for such penalty and damages.

(Ord. 7110 §1, 2017; Ord. 5126 §3, 1990; Ord, 2972 §7, 1956).

12.20.080 Devices for warning public Revised 1/18

In case any public property shall be dug up, excavated, undermined, cut, disturbed, or obstructed, or any obstruction placed thereon, the persons, firm, or corporation causing the same shall adhere to all the requirements set forth in Section 1-10, Temporary Traffic Control, of the Standard Specifications.

(Ord. 7110 §1, 2017; Ord. 2972 §8, 1956).

12.20.090 Safety provisions to be observed Revised 1/18

Precaution shall be exercised at all times for the protection of persons (including employees) and property. All safety provisions of applicable state laws, standards, and rules and regulations and city ordinances, including building and construction codes as hereafter revised and/or amended shall be observed.

(Ord. 7110 §1, 2017; Ord, 2972 §9, 1956).

12.20.100 State safety standards and regulations adopted –Interpretation in case of conflict Revised 1/18

The following are adopted by reference: The Safety Standards and Rules and Regulations of the State Department of Labor and Industries, as existing as of the date of the ordinance codified in this chapter; provided, however, that in the event any of the provisions of this chapter conflict with any other provisions of this chapter, with any other ordinances of the city, with the standards embodied in state and federal laws and rules and regulations, the provisions containing the highest standards shall be observed.

(Ord. 7110 §1, 2017; Ord. 4228 §3, 1980; Ord, 2972 §20, 1956).

12.20.120 Pedestrian and vehicular crossings Revised 1/18

To address pedestrian, vehicle and bicycle safety to, through and adjacent to the work zone, the permittee shall adhere to all the requirements set forth in Section 1-10 of the Standard Specifications.

(Ord. 7110 §1, 2017; Ord. 2972 §11, 1956).

12.20.130 Interference with utilities –Protection of apparatus Revised 1/18

A.    The permittee shall not interfere with any existing utility without the consent of the city engineer and the utility involved. If it becomes necessary to move an existing utility, this shall be done by the utility charged with the operation of the same, at the expense of the permittee. Whenever the permittee’s existing utility, occupying space in the street, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee; provided, that no utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee.

B.    The permittee shall, at its expense, sustain, secure, support, and protect all pipes, mains, conduits, poles, wires, or other apparatus from injury which may be in any way affected by the work, and do everything necessary to support, sustain, and protect the same, under, over, along, or across the work. In case any of the pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of the same, and the expense of such repairs shall be charged to the permittee and its bond shall be liable therefor.

C.    The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit, or other utility and its bond shall be liable therefor.

D.    The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage.

(Ord. 7110 §1, 2017; Ord. 2972 §12, 1956).

12.20.140 Vacant Revised 1/18

(Ord. 7110 §1, 2017; Ord. 2972 §13, 1956).

12.20.150 Maintenance of postal service Revised 1/18

Postal service shall be maintained in accordance with the instructions of the United States Postal Service. The permittee shall be responsible for moving mail boxes to temporary locations designated by the Postal Service, and upon completion of the work he shall replace them as directed. The permittee shall contact the United States Postal Service to determine its requirements with respect to the maintenance of postal service and shall comply with these requirements.

(Ord. 7110 §1, 2017; Ord. 2972 §14, 1956).

12.20.160 Monuments not to be disturbed without authorization Revised 1/18

The permittee shall protect any survey monuments or hubs found within or adjacent to the work zone. If a monument must be moved or otherwise disturbed during the course of the permitted work, the permittee shall follow the procedures detailed in Chapter 4 of the Engineering Design and Development Standards.

(Ord. 7110 §1, 2017; Ord. 2972 §15, 1956).

12.20.170 Damage to existing improvements Revised 1/18

All damage done to existing improvements during the progress of such work shall be repaired by the permittee. Materials for such repair shall conform to the requirements of applicable ordinances. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer may cause the necessary labor and materials to be furnished by other parties, and the cost thereof shall be charged against the permittee, which shall be liable on its bond therefor.

(Ord. 7110 §1, 2017; Ord. 2972 §16, 1956).

12.20.180 Property lines and easement limits Revised 1/18

Property lines and limits of easements shall be indicated on the plans, and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee.

(Ord. 7110 §1, 2017; Ord. 2972 §17.01, 1956).

12.20.190 Excavated soil Revised 1/18

Any excavated soil in the right of way or work zone, if not immediately removed from the site, shall be stored in a manner consistent with the requirements in the City’s Drainage Design and Erosion Control Manual.

(Ord. 7110 §1, 2017; Ord. 2972 §17.02, 1956).

12.20.200 Fire apparatus to be unimpeded Revised 1/18

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants, and water system valves. Material or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of material piles or other obstructions.

(Ord. 7110 §1, 2017; Ord. 2972 §17.03, 1956).

12.20.210 Vacant Revised 1/18

(Ord. 7110 §1, 2017; Ord. 2972 §17.04, 1956).

12.20.220 Cleaning area after construction Revised 1/18

As the construction or maintenance work progresses, all public properties, and private property shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from the work of construction. Cleaning up the location of such properties or property shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer before final acceptance of the work. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, the work may be done by the city and the cost thereof charged to the permittee, and the permittee’s bond shall be liable for the cost thereof.

(Ord. 7110 §1, 2017; Ord. 2972 §17.05, 1956).

12.20.230 Snow and ice removal Revised 1/18

The permittee must also remove, within twenty-four hours, all snow and ice that may fall or form within the barricade, or, in case there is no barricade, the permittee shall remove all snow and ice upon the street within five feet upon either side of the opening, and keep such space free from snow and ice until the opening is properly refilled, unless otherwise directed by the city engineer.

(Ord. 7110 §1, 2017; Ord. 2972 §17.06, 1956).

12.20.240 Sanitary facilities Revised 1/18

The permittee shall provide and maintain the work site in a neat and sanitary condition, per Section 1-07 of the Standard Specifications.

(Ord. 7110 §1, 2017; Ord. 2972 §17.07, 1956).

12.20.250 Pipe trenches Revised 1/18

All pipe installation shall meet the requirements stated in Section 7-08, General Pipe Installation Requirements, of the Standard Specifications.

(Ord. 7110 §1, 2017; Ord. 2972 §17.08, 1956).

12.20.260 Removal of water from trenches Revised 1/18

Dewatering trenches, when required or necessary to complete the work, shall be accomplished in a manner approved by the city engineer. Disposal of water removed from the trench may require a pretreatment permit, as outlined in Chapter 13.20 OMC. Any damage resulting from the failure of the chosen method to operate properly, however, shall be the responsibility of the permittee, and shall be repaired in a manner satisfactory to the city engineer at the permittee’s expense.

(Ord. 7110 §1, 2017; Ord. 2972 §17.09, 1956).

12.20.270 Excavations through pavement – New pavement cut prohibition – Pavement restoration fee Revised 1/18

A.    Whenever it is necessary to break through existing pavement, the pavement shall be restored in accordance with Chapter 4 of the Engineering Design and Development Standards.

B.    Excavations, including but not limited to potholing, windows for borings, trench cuts, etc., are not permitted in New Pavement, except as approved by the Public Works Director or his/her designee as required in the Engineering Design and Development Standards under Pavement Restoration. New Pavement is defined as pavement that was constructed or rehabilitated – including asphalt overlays, concrete overlays, and chip sealing, but excluding crack sealing – within the previous five-year period. The five-year period is determined using the date of drawing acceptance by the City Surveyor.

C.    When a pavement cut into New Pavement is approved by the Public Works Director or his/her designee, or occurs without such required approval, a pavement restoration fee, in addition to the fees prescribed in this chapter, shall apply. This additional pavement restoration fee shall be assessed per square foot or portion thereof required to restore the pavement pursuant to Chapter 4 of the Engineering Design and Development Standards.

(Ord. 7110 §1, 2017; Ord. 2972 §17.10, 1956).

12.20.280 Tunnels under pavement –Pipe casings Revised 1/18

Tunnels under pavement shall not be permitted except by permission of the city engineer, and, if permitted, shall be adequately supported by timbering and backfilling under the direction of the city engineer. Where possible, the pipe shall be driven through, or bored under, a roadway, except sidewalks, in a casing of sufficient strength, which casing shall be left in place with the ends closed around the pipe.

(Ord. 7110 §1, 2017; Ord. 2972 §17.11, 1956).

12.20.290 Compacting of backfill Revised 1/18

Backfilling in all public streets and improved areas, both public and private, shall be compacted in a manner consistent with Section 7-08 of the Standard Specifications.

(Ord. 7110 §1, 2017; Ord. 2972 §17.12, 1956).

12.20.300 Restoration of roadway surfaces – Temporary and Permanent Revised 1/18

The permittee shall restore the surface of streets as specified in Chapter 4 of the Engineering Design and Development Standards. This includes temporary restoration using hot mix asphalt, cold asphalt patching material or steel plates.

(Ord. 7110 §1, 2017; Ord. 2972 §17.13, 1956).

12.20.310 Restoration by city engineer upon default Revised 1/18

If the permittee has failed in a timely manner to properly install pipe and/or other structures and/or restore the surface of the public properties to their original and proper condition as required in the Standard Specifications and Engineering Design and Development Standards, the city engineer shall have the right to do all work and things necessary to do so. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permit, and the city shall have a cause of action for all fees, expenses, and amounts paid out upon such work; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if in the judgment of the city engineer it is not expedient to relay the pavement over any cut or excavation made in any public properties upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood or other suitable material designated by him over such cut or excavation, to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the relaying of such temporary pavement within five days after the date of such notice, the city engineer may lay such temporary pavement himself and collect the cost thereof from the permittee in the manner provided for in this chapter.

(Ord. 7110 §1, 2017; Ord. 2972 §17.14, 1956).

12.20.320 Plans of use of subsurface street space Revised 1/18

Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the city engineer periodically, but at least every ninety days after new installations are made.

(Ord. 7110 §1, 2017; Ord. 2972 §18, 1956).

12.20.330 Location of utilities Revised 1/18

All utilities shall be located in accordance with the City Engineering Design and Development Standards.

(Ord. 7110 §1, 2017; Ord. 2972 §19, 1956).

12.20.340 Nuisances designated –Abatement Revised 1/18

If any person erects a structure upon, makes excavations in, or places material upon, public properties, or allows or permits any earth, rock, stones, trees, logs, stumps, or other substances to cave, fall, crumble, slide, accumulate, or be otherwise deposited, or having been so deposited, to be or remain upon any public properties, without a permit therefor having been first obtained, as provided for in this chapter, shall be deemed to have created a public nuisance. In addition to the penalties provided for violation of this chapter, such a nuisance shall be abated with, or without, action, and such other proceedings shall be taken with respect thereto as are authorized by law and the ordinances of the city for the prevention, abatement, and punishment of nuisances; and it shall be no defense to any prosecution or proceeding under this section that the person violating the same has a franchise to use or occupy such public properties.

(Ord. 7110 §1, 2017; Ord. 2972 §21, 1956).

12.20.350 Applicability of chapter to private utilities Revised 1/18

With respect to private utilities operating under franchise, master permit, right of way use authorization, or lease agreement from the city, this chapter shall apply only to those activities which involve the disturbance of the surface of, or the doing of any underground work in public property.

(Ord. 7110 §1, 2017; Ord. 2972 §23, 1956).

12.20.365 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction Revised 1/18

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as stated in OMC Chapter 4.50, Civil Infractions.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 7110 §1, 2017; Ord. 6081 §30, 2001).