Chapter 12.15
RIGHT-OF-WAY PERMITS
Sections:
12.15.030 City permit required.
12.15.040 Permit application and fee.
12.15.050 Refusal to issue permit.
12.15.060 Conditions of permit.
12.15.010 Definitions.
For the purposes of this chapter, the following definitions apply:
“City” refers to the City of Harrisburg.
“Person” means an individual, corporation, association, firm, partnership, joint stock company, and similar entities.
“Public right-of way” or “right-of-way” means and includes all of the property of the City, Linn County, and the State of Oregon that is part of the system of streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, culverts and ditches, whether built or planned for the future. [Ord. 854 § 1, 2007.]
12.15.020 Jurisdiction.
The City has jurisdiction and shall exercise regulatory control over all public rights-of-way within the City. [Ord. 854 § 2, 2007.]
12.15.030 City permit required.
1. It is unlawful for any person to perform work affecting the public right-of-way without first obtaining a right-of-way permit from the City. Work affecting the public right-of-way includes, but is not limited to, excavation, construction, reconstruction, repair, grading, oiling, or placing or erecting structures or signs. It includes, but is not limited to, work relating to a street, sidewalk, curb, gutter, culvert, ditch, or underground utility line.
2. The permit requirement shall not apply to work done by the City or its employees, by persons working under a contract with the City, to work performed under a subdivision agreement, to any franchised utility doing work that is directly related to the service the firm has a franchise for, or to landscaping or the clearing of sidewalks by persons responsible for adjoining property. [Ord. 854 § 3, 2007.]
12.15.040 Permit application and fee.
1. A person required to obtain a permit for work within a right-of-way shall complete an application form provided by the City.
2. In addition to the application form, the City reserves the right to require that the application be accompanied by maps, plans, surveys, information, stipulations and restrictions as the City deems necessary to determine whether the proposed work conforms to City specifications and sound engineering design practices.
3. A permit fee, in an amount adopted by resolution of the City Council, shall be paid at the time the application is submitted. The fee shall be nonrefundable. [Ord. 854 § 4, 2007.]
12.15.050 Refusal to issue permit.
The City may refuse to issue a permit if it deems that the proposed work is not suitable for the place, or will not be uniform with existing or proposed improvements, or will cause an unreasonable risk to the public. [Ord. 854 § 5, 2007.]
12.15.060 Conditions of permit.
A permit to do work within a right-of-way shall include the following conditions:
1. All work done shall be in accordance with City standards and shall be warranted by the applicant for one year.
2. A person who receives a right-of-way permit shall contact the City to schedule an inspection of the work done, as well as at earlier times if required by the permit. The one-year warranty period shall not begin until a satisfactory final inspection is done.
3. Unless otherwise noted on the permit or an extension is granted by the City, the permit shall expire in 60 days. After a permit expires, the permit shall no longer be valid and the permit fee shall be forfeited.
4. In the event work is begun by any person under a permit issued by the City, but is not completed within the time allowed or if the City determines that the work is being done in an unsafe manner, the City shall be authorized to work on the project, which may include completing the work.
5. The permit anticipates a review of the permit application and one or two site inspections. In the event any additional work or expenses occur, the City reserves the right to charge the applicant for additional staff time or other expenses incurred.
6. The City shall have the authority to require the removal or correction of any work done in the right-of-way that does not meet City standards, and if the applicant fails to remove or correct the unsatisfactory work within a reasonable time, the City may remove or correct it and charge the costs thereof to the applicant.
7. The acceptance of the permit by the applicant shall constitute an agreement by the applicant to save the City, its officers, employees, officials and agents harmless from any and all costs, damages and liabilities alleged or resulting from the work done in the public right-of-way. [Ord. 854 § 6, 2007.]
12.15.070 Penalty.
Doing work within the public right-of-way without a permit, doing work that does not meet City standards, or otherwise violating any provision of this chapter is punishable by a fine not to exceed $500.00 per day until the violation is resolved. In the event the City incurs costs related to the work done, these costs shall be charged to the violator and shall be in addition to any fine. [Ord. 854 § 7, 2007.]
12.15.080 Severability.
The invalidity of a section or subsection of this chapter shall not affect the validity of the remaining sections or subsections. [Ord. 854 § 8, 2007.]