Chapter 11.50
RIGHT-OF-WAY WORK PERMIT
Sections:
11.50.020 Permit—Terms and conditions.
11.50.030 Notices—Starting and completion of work.
11.50.050 Permit to occupy street for building material.
11.50.080 Barriers and warning lights.
11.50.100 Delinquent fees—Refusal of permit.
11.50.010 Permit required.
It is unlawful for any person, firm, or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or to fill in, place, leave or deposit in or upon any such public street, highway, alley, thoroughfare, sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained written permission from the public works director of the city as provided in this chapter, except as provided in Chapter 11.16. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.020 Permit—Terms and conditions.
The city public works director or the city public works director’s designee, referred to herein as the public works director, shall grant such permit only upon compliance with the following terms and conditions:
The party requesting such permit shall make application therefor in writing and if requested to do so by the city public works director, shall file with the public works director a site plan showing the location and plan of the work, obstruction or other thing desired to be done or constructed, and the public right-of-way or easement, referred to herein as the public place, to be obstructed together with a full description of the nature of such work, obstruction or other thing. The public works director shall examine such application and plan and if the public works director approves the same, may issue a permit for the work, which permit shall require the replacing in a condition compliant with current community development standards the portion of the public place which may be obstructed, disturbed, or affected in any way. The permit shall specify the location of the public place in front of, through, under, on, or near which such acts are to be performed or done, and the name of the public place, together with a description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion of the work. The acts and works permitted under such permit shall be inspected by the public works director, to insure the work or acts are performed to current community development standards. If any public place referred to in this chapter is disturbed in any way, the replacing thereof in a condition compliant with current community development standards shall be at the expense of the party procuring the permit and at all times subject to the direction of the public works director, and the public place shall be replaced and restored to a condition compliant with current community development standards within the time stated and specified by the public works director. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the public works director shall, if the public works director deems advisable, have the right to do all work and things necessary to restore the public place to a condition compliant with current community development standards; and the party obtaining the permit shall be liable for the expense thereof; provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon the work to be collected in a civil action in any court of competent jurisdiction. Nothing stated in this section shall affect in any way the duty of the person acting under such permit to guarantee and maintain the area disturbed for one year after returning it to a condition compliant with current community development standards and acceptance of the work so performed by the public works director or city council as the case may be. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.030 Notices—Starting and completion of work.
Before doing any of the acts authorized by the permit, written notice thereof must be given to the chief of the fire department, who shall also be notified of the completion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway, or other public place affected thereby has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the public works director and the chief of the fire department. Any delay in giving such written notice after the completion of the work shall render the applicant for the permit liable for all damage done or suffered by the city or any person, firm, or corporation by such delay. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.040 Inspection—Fees.
The public works director, if in his judgment the nature of the work be such as to require inspection on behalf of the city, either during the process of the same or after the area affected has been restored to its original condition, or at both of the times, may inspect the same and may charge a reasonable sum therefor. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.050 Permit to occupy street for building material.
The public works director is authorized and empowered to grant permits in his discretion to such persons as may apply therefor to use, occupy and obstruct such portion not exceeding one-third in width of any street or alley around the lot on which the building is located, for depositing building material during the construction of any building. Such permits are to be on the condition that a passageway for pedestrians shall at all times be kept around such excavation or building site; provided, that within the city fire limits such passageway shall be at least four feet wide and shall, as soon as the excavation has been completed, be maintained over and along the sidewalk space. Such way shall extend from the permanent sidewalks abutting upon the lots adjoining the lots upon which such building is being erected, and shall be constructed of two-inch plank laid lengthwise upon good and sufficient supports laid not more than three feet apart. The respective ends of the passageway shall be laid even with the sidewalk to which the same are attached and shall have erected on each side thereof a barrier of railing sufficient to prevent accidents by falling off the same. Whenever in the course of construction of the building work has been commenced upon the second story thereof, such way must be covered over its entire width and breadth at a height of not less than ten feet, with two-inch planks resting upon strong supporting joists well fastened and braced to strong posts on both sides. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.060 Insurance.
The public works director may, as a condition precedent to the granting of the permit as provided in this chapter, require the delivery to the city of a certificate of insurance showing a comprehensive liability insurance policy in limits specified by him for bodily injury and/or death and for property damage. The policy shall also indemnify and hold the city harmless from any claim for injury, death, or property damage in connection with the work for which the permit is issued and shall provide that the policy shall not be canceled or reduced until after ten days’ written notice to the city. The certificate shall be approved by the city attorney. (Ord. 1411 § 1 (part), 2014: Ord. 1297 § 1, 2009: Ord. 1179 § 1 (part), 2004).
11.50.070 Bond.
If the work permitted necessitates excavation within or the cutting into any public place in the city, the public works director may require a bond in twice the estimated cost of the work containing a clause indemnifying and holding the city harmless from liability arising out of the permittee’s activities, a clause guaranteeing payment of all persons providing labor and materials on the activity allowed by the permit and a clause guaranteeing the replacement of the public place affected thereby and providing that the permittee shall put the same in a condition compliant with current community development standards, and within the time specified by the public works director, and maintains it in such condition for a period of one year after the completed job is accepted by the city. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.080 Barriers and warning lights.
In case any public street, alley, sidewalk, highway, or public place is dug up, excavated, undermined, disturbed, or obstructed, or an obstruction placed thereon, the persons, firm, or corporation causing the same shall erect, and so long as the condition exists and any danger may continue maintain around the portion of the street, sidewalk, alley, or other public place, a good and substantial barrier, and shall also cause to be maintained during every night from sunset to daylight, at each end of such obstruction, lighted lanterns showing a red light. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.090 Ongoing bond.
Any person, firm, or corporation engaged in the business of excavation or any kind of work which tends to obstruct the sidewalks, streets, highways, thoroughfares, alleys, or public places may, in lieu of the bond referred to in Section 11.50.070, execute and file a bond in such amount as may be fixed by the public works director and approved by the city attorney, conditioned as provided in Section 11.50.070; provided, that whenever in the judgment of the public works director the amount of such bond becomes insufficient, a new or additional bond may be required. The aforesaid bond initially shall be for an indefinite period subject to the city being given no less than thirty days’ notice of cancellation and that the obligation of such bond shall survive its cancellation or expiration for a period of one year after acceptance by the city of any work for which such bond is given. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.100 Delinquent fees—Refusal of permit.
No permit shall be issued to any person, firm, or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 1411 § 1 (part), 2014: Ord. 1179 § 1 (part), 2004).
11.50.110 Fee exemptions.
A right-of-way permit fee, as provided for in this chapter, shall not be required in the following situations:
(a) Delivery of home appliances using a tractor trailer rig with a forklift to offload and the temporary street blockage maximum time allowed will be thirty minutes. However, all other right-of-way provisions in this chapter shall be followed. (Ord. 1411 § 1 (part), 2014).
11.50.120 Penalties.
Any person, firm, or corporation who violates or fails to comply with the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to the following specific penalties, exclusive of any statutory PSEA assessment, for each violation:
(a) First offense: C-7 penalty.
(b) Second offense: C-5 penalty.
(c) Third and subsequent offense(s): C-1 penalty. (Ord. 1417 § 1, 2014).