Chapter 12.30
EXCAVATIONS AND ENCROACHMENTS
Sections:
12.30.020 Application and permit – Terms, expiration and conditions.
12.30.030 Recodified.
12.30.040 Permit – Denial – Revocation.
12.30.050 Insurance and bond – Deposit required.
12.30.070 Public access – Emergency access.
12.30.080 Barriers and warning lights.
12.30.100 Violation – Penalty.
12.30.010 Permit required.
(1) It is unlawful for any person, corporation, partnership, company, etc., other than the city or its authorized agent, to perform or have performed any of the following in any city right-of-way, without first having obtained a right-of-way permit from the department of public works:
(a) Excavate, grade, undermine or in any way obstruct or disturb any street, sidewalk or other public place; or
(b) Fill or leave in or upon any such public street, sidewalk or public place any material or thing tending to encroach upon or to interfere with the free use of the public right-of-way; or
(c) Construct, install, repair or maintain any structure, including curbs, gutters, sidewalks, driveways, paving or sidewalk fronting strips.
(2) A right-of-way permit will not be required for contractors performing work for the city, or as specified otherwise in this code. A right-of-way permit is required for any public utility with or without a franchise. Public utilities may be allowed an exception to the strict adherence of this chapter; provided, that the appropriate agreement or franchise protections exist. Such exceptions will be granted by the director of public works with the approval of the public works committee.
(3) Permits issued pursuant to this chapter shall not be assignable to any other person. (Ord. 1173 § 1, 1995)
12.30.020 Application and permit – Terms, expiration and conditions.
(1) Anyone requesting a right-of-way permit shall apply to the department of public works in writing on forms to be developed by the director of public works and to be provided by the department of public works. The permits required by this chapter shall be secured at least 48 hours prior to the time the work under such permit is proposed to commence, except in emergency cases as approved by the director of public works. The applicant shall submit adequate plans and profiles, as determined by the director of public works, with the permit application. If requested to do so by the director of public works, the applicant shall file with the director a plan and profile, which has been prepared by a professional civil engineer licensed to practice in the state of Washington.
(2) Every right-of-way permit application shall:
(a) Identify and describe the work to be covered by the permit for which the application is made;
(b) Describe the location on which the proposed work is to be done by street, lot, block or address;
(c) State the estimated valuation of the proposed work;
(d) Be signed by the applicant, or his authorized agent, who may be required to submit evidence to indicate such authority;
(e) Give such other relevant information as reasonably may be required by the department of public works.
(3) The department of public works shall examine such application and plan and, if both are approved, may issue a permit. Every permit shall:
(a) Require the replacing in its former condition, the portion of the street, sidewalk, or other public place which may be obstructed or affected in any way;
(b) Specify the location of the street, sidewalk, or public place where or near which such acts are to be performed;
(c) Provide the name of the street, sidewalk or other public place;
(d) Describe the proposed work or acts to be done under such permit;
(e) State the length of time allowed for the completion of the work; and
(f) When issued to a public utility or franchise holder, require that all vehicles involved in the work bear the identification of the public utility or franchise holder.
(4) The permit shall expire 60 calendar days after the date of its issuance if no work has been commenced on the project or if there is a 30-calendar-day lapse in progress on the project. If work is pursued diligently, the permit shall expire at the time of completion and acceptance of the work by the city, but no longer than 180 calendar days after the date of issuance. If the permit has been issued in conjunction with a building permit issued by the city, said right-of-way permit shall expire at the same time the building permit expires.
The director of public works, for good cause, may grant a written extension of time to the permittee, which shall extend the validity of such permit to the time specified by the director. The extension may exceed 180 calendar days after issuance, but in no case shall it exceed one year.
(5) The work permitted under such permit shall be at all times subject to the supervision and control of the department of public works, but at the expense of the permit holder. This clause does not relieve the permittee from responsibility for the work permitted or create city liability for or arising from the work permitted. If any place referred to in this chapter is disturbed in any way, the permittee shall be liable for and held responsible for the restoration of the place to its former condition. Such restoration shall be subject to the direction of the department of public works and shall be completed within the time specified by the department.
(6) At the expiration of the time fixed by such permit, or upon completion of the work allowed to be done under such permit, the director of public works shall have the right to do or have done all work necessary to restore such street, sidewalk or public place to its original or proper condition 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, in a civil action in any court of competent jurisdiction; provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the permitted work for one year after approval of such work by the city; or, in the event of repairs thereto, one year after the date of such repairs.
(7) The permittee, upon notice from the city, shall immediately repair any injury or damage to the street occurring as a result of work done under the permit. In the event such repairs are not made by the permittee within 48 hours after the notice is received, the city is hereby authorized to make such repairs and charge all costs, plus overhead and administration costs, to the permittee. By acceptance of the permit, the permittee agrees to comply with the provisions of this section. (Ord. 1756 § 1 (Exh. A), 2014; Ord. 1173 § 2, 1995)
12.30.030 Issuance of permit – Required fees and inspection.
Recodified under Chapter 3.94 WMC by Ord. 1532.
12.30.040 Permit – Denial – Revocation.
(1) The city shall have the right to refuse a permit to any person who is in violation of this chapter or who has failed to comply with the provisions of this chapter in connection with the permit being applied for or any permit previously issued.
(2) In the event of noncompliance with any of the provisions of this chapter, the city may revoke any permit granted pursuant to this chapter. (Ord. 1173 § 4, 1995)
12.30.050 Insurance and bond – Deposit required.
(1) As a condition of issuance of the permit, permittee shall furnish to the department of public works a certificate of liability insurance in an amount to be fixed by the director of public works and approved by the city attorney, and further conditioned that the applicant for such permit will keep and save harmless the city from any and all claims, liability, judgments, costs, damages and expenses arising from any acts which permittee may do, or which may be done by any of his agents, or which may arise from any negligence of himself, his agents or contractors or arise by reason of the violation of any of the provisions of this chapter.
(2) A permittee shall acquire and deliver to the city clerk a good and sufficient performance bond in an amount equal to the cost of the proposed work. In lieu of a performance bond, a permittee may execute a pledge agreement and deposit cash or other collateral, if satisfactory to the director of public works, to comply with the foregoing bond provisions.
(3) The requirements of this section shall not apply to permits which only authorize the repair or maintenance of an existing sidewalk. (Ord. 1173 § 5, 1995)
12.30.060 Bond – Annual.
Any person engaged in the business of laying sewers or any kind of work which tends to obstruct the streets, or public places, or which takes place within the city’s right-of-way may, in lieu of the certificate of liability insurance and bond referred to in WMC 12.30.050, may execute and file an annual insurance certificate and bond in such amount as may be fixed by the director of public works and approved by the city attorney, conditioned as provided in WMC 12.30.050; provided, that whenever in the judgment of the director of public works, the amount of such annual bond becomes insufficient, a new or additional bond may be required. (Ord. 1173 § 6, 1995)
12.30.070 Public access – Emergency access.
The property owner and/or permittee shall provide free and unobstructed access during the course of construction to all mailboxes, fire hydrants, valves, manholes, drainage structures, and all other public service structures and property that may be required for emergency. Any work that will create a deviation from normal traffic patterns must be approved by the city and the permittee will be required to notify all emergency services of the requested deviation. Such notification shall include the start date and length of time the deviation can be expected. Upon completion of the permitted work, the permittee shall be required to notify all emergency services previously contacted that the deviation no longer exists. (Ord. 1173 § 7, 1995)
12.30.080 Barriers and warning lights.
During the time any public street, sidewalk or public place is excavated, disturbed or obstructed, the permittee shall install and, as long as the condition exists and any danger may continue, maintain around the portion of the street, sidewalk or other public place, adequate and proper safeguards and assume full responsibility for sufficient barricading and lighting at all times. Such lighting shall satisfy and be maintained according to the provisions of both the Manual on Uniform Traffic Control Devices for Streets and Highways and the State of Washington Division of Industrial Safety and Health Standards. In the event the permittee shall fail to provide for the safety of the public in the manner previously specified, the city may provide whatever facilities are necessary and charge the permittee a fee for the work involved, such fee to be the cost of the work provided by the city, as determined by the department of public works, plus 15 percent. (Ord. 1173 § 8, 1995)
12.30.090 Relevant standards.
All work done under any permit issued under this chapter shall be in accord with any and all relevant provisions of all other city ordinances and codes and shall meet all standards of construction established in any such other ordinance or code. (Ord. 1173 § 9, 1995)
12.30.100 Violation – Penalty.
Any person violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall, for each offense, be punished by a fine in any sum not to exceed $500.00. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 1173 § 10, 1995)