Chapter 12.12


12.12.010    Permit – Required.

12.12.020    Permit – Issuance authority.

12.12.030    Permit – County saved harmless.

12.12.040    Permit – Not exclusive.

12.12.050    Permit – Compliance required.

12.12.060    Bond required for five or more adjacent approaches.

12.12.070    Grantee’s responsibility – Maintenance.

12.12.080    Grantee’s responsibility – Expense for damages.

12.12.090    Change of location.

12.12.100    Minimum interference with county’s work required.

12.12.110    Barriers.

12.12.120    Interference with travel prohibited.

12.12.130    Interference with drainage.

12.12.140    Removal of rubbish required.

12.12.150    Expense of supervision borne by grantee.

12.12.160    Inspection and approval.

12.12.010 Permit – Required.

Any individual, firm or corporation planning to build or construct any approach to any county road must first obtain a permit for such work from the office of the Whatcom County engineer. (Prior code § 7.12.010).

12.12.020 Permit – Issuance authority.

The county engineer is empowered to issue permits and one copy shall be retained in the files of the county engineer’s office. No charge shall be made for the issuance of such permits. (Prior code § 7.12.140).

12.12.030 Permit – County saved harmless.

In accepting a permit, the petitioner, his successors and assigns, agree to protect Whatcom County and save it harmless from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of the performance of any such work, character of materials used, or manner of installation, maintenance and operation, or by the improper occupancy of rights-of-way or public place or public structure; and, in case any suit or action is brought against Whatcom County for damages arising out of or by reason of any of the above causes, the petitioner, his successors or assigns, will, upon notice to him or them of commencement of such action, defend the same at his or their own sole cost and expense and will satisfy any judgment after the said suit or action shall have finally been determined if adverse to Whatcom County. (Prior code § 7.12.020).

12.12.040 Permit – Not exclusive.

A permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the county from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the county from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is surrendered. (Prior code § 7.12.100).

12.12.050 Permit – Compliance required.

The county engineer may revoke, annul, change, amend, amplify, or terminate a permit or any of the conditions enumerated in this chapter, if grantee fails to comply with any or all of its provisions, requirements or regulations as set forth in this chapter, or, through wilful or unreasonable neglect, fails to heed or comply with notices given, or, if the utility herein granted is not installed or operated and maintained in conformity herewith or at all or for any cause or reason whatsoever. (Ord. 93-048 (part); prior code § 7.12.110).

12.12.060 Bond required for five or more adjacent approaches.

In case a request is made for a permit for five or more adjacent approaches, a bond in an amount sufficient to insure the proper construction of said approaches and the restoring of the county road and drainage to its original condition shall be filed with the county engineer. (Ord. 93-048 (part); prior code § 7.12.150).

12.12.070 Grantee’s responsibility – Maintenance.

The party or parties to whom a permit is issued shall maintain at his or their sole expense the structure or object for which the permit is granted in a condition satisfactory to the county road engineer. (Prior code § 7.12.120).

12.12.080 Grantee’s responsibility – Expense for damages.

In accepting a permit, the grantee, his successors and assigns agree that any damage or injury done to the property of the grantee or any expense incurred by him through the operation of a contractor, working for the county or of any county employee, shall be at the sole expense of the grantee, his successors or assigns. (Prior code § 7.12.130).

12.12.090 Change of location.

The county engineer reserves the right to order the change of location or the removal of any structure or structures authorized by a permit at any time, said change or removal to be made at the sole expense of the party or parties to whom the permit is issued, or their successors and assigns. (Ord. 93-048 (part); prior code § 7.12.080).

12.12.100 Minimum interference with county’s work required.

All such changes, reconstruction or relocation by the grantees shall be done in such manner as will cause the least interference with any of the county’s work, and Whatcom County shall in no wise be held liable for any damage to the grantee by reason of any such work by Whatcom County, its agents or representatives, or by the exercise of any rights by the county upon the roads, streets, public places or structures in question. (Prior code § 7.12.090).

12.12.110 Barriers.

During the progress of the work, such barriers shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public. The barriers shall be properly lighted at night. (Prior code § 7.12.030).

12.12.120 Interference with travel prohibited.

Except as authorized in this chapter, no excavation shall be made or obstacle placed within the limits of a county road in such a manner as to interfere with the travel over said road, and no excavation shall be made or obstacle placed within four feet of the edge of the pavement. (Prior code § 7.12.040)

12.12.130 Interference with drainage.

If the work done under a permit interferes in any way with the drainage of the county roads, the grantee shall wholly and at his own expense make such provision as the engineer may direct to take care of said drainage. The county engineer shall designate the size and type of culvert pipe to be used. (Prior code § 7.12.050).

12.12.140 Removal of rubbish required.

On completion of the work contemplated in this chapter, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the engineer. (Prior code § 7.12.060).

12.12.150 Expense of supervision borne by grantee.

All of the work contemplated in this chapter shall be done under the supervision and to the satisfaction of the county road engineer and the entire expense of said supervision shall be borne by the party or parties to whom a permit is issued. (Prior code § 7.12.070).

12.12.160 Inspection and approval.

All approaches are subject to the inspection and approval of the county engineer or his assigns, and the grantee shall receive said approval in writing as proof of release from the terms of the permit. (Prior code § 7.12.160).