Chapter 12.12


12.12.010    Permit required.

12.12.020    Application.

12.12.030    Refusal of permit.

12.12.040    Removal of retaining wall.

12.12.050    City not liable.

12.12.060    Violations – Penalties.

12.12.010 Permit required.

It is unlawful for any person, firm or corporation to construct a retaining wall in any street right-of-way in the city without first having obtained from the public works director a permit for the construction of a retaining wall. The fee for each permit shall be $40.00. [Ord. 139 § 1.01; Ord. 16-79 § 1.03; Ord. 40-83 § 1.04].

12.12.020 Application.

Application for a permit for the construction of a retaining wall shall be made on forms provided by the public works director and shall show the type and location of the retaining wall to be constructed, the dates of commencement and completion of the work and such other data as may be reasonably required by the public works director. The application shall contain an undertaking on the part of the applicant to at all times protect and hold harmless the city from any liability to any person or expense resulting from the construction, maintenance or failure to maintain in a safe condition such retaining wall. [Ord. 139 § 1.02; Ord. 40-83 § 1.04].

12.12.030 Refusal of permit.

The public works director shall refuse to issue a permit to construct a retaining wall in any of the following cases:

A. When the street in front of the property to be served by the proposed retaining wall is not fully improved unless the public works director finds that such retaining wall will not interfere with the subsequent improvement of the street;

B. When the proposed retaining wall will create a traffic hazard by obstructing visibility;

C. When the street in front of the property to be served by the proposed retaining wall is improved but there is no sidewalk abutting said property, no permit shall be issued for a retaining wall closer than four feet to the curb. [Ord. 139 § 1.03; Ord. 40-83 § 1.04].

12.12.040 Removal of retaining wall.

The city may require the owner of the property served by the retaining wall to remove the retaining wall at any time that it is necessary in order to improve the street or to gain access to a public utility system. If the owner fails to remove such retaining wall within 30 days after notice so to do, the city may remove the wall at the owner’s expense. [Ord. 139 § 1.04].

12.12.050 City not liable.

If it becomes necessary to remove all or part of a retaining wall to improve a street or to gain access to a public utility system, the city shall be under no obligation to reimburse the owners of the property for any loss or damage resulting from such removal. [Ord. 139 § 1.05].

12.12.060 Violations – Penalties.

Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).

Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses. [Ord. 139 § 1.06; Ord. 40-83 § 1.04; Ord. 17-84; Ord. 06-10 § 1.24].