Chapter 12.25
EXCAVATIONS1
Sections:
12.25.010 Permit – Required – Bond or cash deposit prerequisite.
12.25.020 Permit – Application.
12.25.030 Permit – Liability of city – Not a franchise or privilege.
12.25.040 Permit – Acceptance a guarantee against defects in workmanship.
12.25.050 Application of chapter to city work or state work.
12.25.060 Supervision of street superintendent – Work to be prosecuted diligently.
12.25.070 Specifications for replacements.
12.25.080 Crossings – Barriers – Access to fire equipment – Lights at night.
12.25.090 Endorsement of satisfactory completion – Return of bond or deposit.
12.25.110 Replacement by city.
12.25.010 Permit – Required – Bond or cash deposit prerequisite.
It shall be unlawful for any person to make any excavation in or under the surface of any public street, alley, sidewalk or other public way within the city without first having received a permit to do so from the superintendent of streets. The applicant for the permit shall furnish the city and deposit with the city clerk, before such permit is granted, a cash bond in an amount sufficient to cover the cost of inspection and of restoring the surface of such public street, alley, sidewalk or other public way to its original condition. The amount of the bond shall be fixed by the superintendent or, in lieu of depositing a cash bond, the applicant may file with the clerk a surety or other form of bond acceptable to the city council in a sum to be fixed by the superintendent and conditioned that the applicant shall diligently and in good faith comply with the terms and conditions of this chapter and of all permits which may be issued to the applicant during the period covered by such bond. [Code 1959 § 16.22; prior code § 13-66].
12.25.020 Permit – Application.
The application for the permit required by WMC 12.25.010 shall be in writing, and shall state clearly the nature and extent of the excavation proposed to be made. [Code 1959 § 16.23; prior code § 13-67].
12.25.030 Permit – Liability of city – Not a franchise or privilege.
Nothing in this chapter or in any permit granted hereunder shall be construed as granting any franchise or privilege over or under any public way of the city nor shall the city be construed to assume any liability for damages resulting from any acts or omissions done or permitted by any permittee under this chapter. [Code 1959 § 16.31; prior code § 13-68].
12.25.040 Permit – Acceptance a guarantee against defects in workmanship.
By acceptance of the permit issued under the provisions of WMC 12.25.010, the permittee shall be deemed to guarantee the work of refilling and repairing any excavation against any defect in workmanship and material for the period of one year from the date of the street superintendent’s certificate of satisfactory completion. [Code 1959 § 16.27; prior code § 13-69].
12.25.050 Application of chapter to city work or state work.
This chapter shall have no application to any work by or in behalf of the city or in pursuance of any ordinance thereof or the laws of the state. [Code 1959 § 16.32; prior code § 13-70].
12.25.060 Supervision of street superintendent – Work to be prosecuted diligently.
All excavations and replacements shall be made under the supervision of the street superintendent, and after any excavation is made, the work or replacement shall be prosecuted diligently. [Code 1959 § 16.24; prior code § 13-71].
12.25.070 Specifications for replacements.
All replacements shall be leveled and the surface thereof restored to its original condition without delay, in a good and workmanlike manner, and with the same kind and grade of materials as were originally used therein. All pavement bases shall be thoroughly compacted by flooding and tamping before surfacing. [Code 1959 § 16.25; prior code § 13-72].
12.25.080 Crossings – Barriers – Access to fire equipment – Lights at night.
It shall be the duty of the permittee making any excavation to provide safe and adequate crossings for vehicular traffic and pedestrians. Free access must be provided to all fire hydrants and water valves. Suitable barriers must be constructed about the excavation for the prevention of accidents, and adequate lights shall be continuously maintained thereon from the period of sunset to sunrise. [Amended during 2009 recodification. Code 1959 § 16.26; prior code § 13-73].
12.25.090 Endorsement of satisfactory completion – Return of bond or deposit.
Upon the completion of replacements to the satisfaction of the street superintendent, he shall endorse such fact of satisfactory completion, together with the cost of inspection, upon the permit originally issued for the excavation. After the expiration of one year from the date of the certificate, and upon the surrendering of the permit so endorsed to the city clerk, the permittee shall be entitled, upon giving his receipt therefor, to receive the amount deposited by him as the cash bond required in WMC 12.25.010, less the amount fixed by the street superintendent as inspection cost. [Code 1959 § 16.28; prior code § 13-74].
12.25.100 Forfeiture of bond.
Upon the failure of the permittee to do or perform the work and furnish the materials as provided in this chapter, the cash bond deposited by the permittee shall be forfeited; or, if no cash bond has been deposited, recourse may be had to permittee’s surety or other bond for the recovery of such damages as may have accrued to the city by reason of the failure of the permittee to do or perform the work and furnish the materials as provided by this chapter. [Code 1959 § 16.29; prior code § 13-75].
12.25.110 Replacement by city.
In lieu of the depositing of the cash bond, as required by this chapter, the permittee may, with the consent of the street superintendent, deposit with the city the estimated cost of replacement as fixed by the street superintendent, whereupon the city shall perform all necessary work and furnish the necessary materials for replacement, the cost of which shall be charged against the amount so deposited. [Code 1959 § 16.30; prior code § 13-76].
Cross references—Prohibited generally in setback zones, WMC 12.15.020; additional regulations in building code adopted in WMC 15.10.010.