Chapter 12.08
STREET OPENING PERMITS
Sections:
12.08.010 Street opening – Prohibited – Permit required.
12.08.015 Application for street opening permit.
12.08.030 Fees – Cash deposit.
12.08.050 City right of abatement – Warning structures.
12.08.010 Street opening – Prohibited – Permit required.
A. “Street opening” is defined as:
1. The placing or construction of any structure, device or natural or artificial thing which requires any invasive action into the public street or right-of-way; or
2. The collection, channeling and discharging of storm or service water, which threatens or endangers the whole or any portion of any street or right-of-way within the city or which tends to endanger persons traveling thereon, or obstructs or tends to obstruct or constitutes a hazard to vehicles or persons traveling thereon; or
3. The digging or cutting into or marring, defacing or altering the surface of any street or right-of-way, including both the improved and unimproved portions thereof, within the city.
B. “Street opening” does not include the planting of street trees or shrubs as regulated by Chapter 8.21 CHMC.
C. In order to perform any acts which constitute “street opening,” a street opening permit must be obtained from the city administrator.
D. The performance of said “street opening” acts without receiving a permit shall be unlawful, and shall subject the person to civil penalties pursuant to CHMC 12.08.060. (Ord. 746 § 2, 1996; Ord. 349, 1974; Ord. 263 § 1, 1970; Ord. 82 § A, 1959)
12.08.015 Application for street opening permit.
An application for any street opening permit issued under this chapter shall contain the following:
A. The location of the proposed action and the reason or reasons for it being taken;
B. A drawing that clearly shows the exact location of all of the proposed work in the street or right-of-way;
C. The name, address, and phone number of the contractor or contractors who will perform the work and proof that the contractor or contractors holds a current state license, state registration, surety bond and insurance as required by Chapter 18.27 RCW as it now exists or may hereafter be amended or recodified;
D. A work plan which sets forth the dates for commencing work and the date on which the work is expected to be completed. (Ord. 746 § 3, 1996)
12.08.020 Permit information.
Any permit issued under this chapter shall contain the following:
A. The location of the proposed action and the reason or reasons for its being taken;
B. Whether or not warning or protection structures, signs, signals or devices shall be maintained and their approximate locations;
C. The time within which the street or roadway surface must be restored;
D. The amount of the deposit or bond, if any, required to guarantee the restoration of the street or roadway surface. (Ord. 82 § E, 1959)
12.08.030 Fees – Cash deposit.
A. The fee for each permit to do any of the acts referred to in CHMC 12.08.010 shall be set forth in a fee schedule to be adopted by the city council. Fees and charges adopted pursuant to this section may be increased or decreased by the council on the city administrator’s recommendation in accordance with changes in the costs incurred by the city. The city council shall, upon recommendation of the city administrator, establish the amount, rates and formulas for the following fees and charges.
B. Fees and Charges.
1. Application Processing Fee. A nonrefundable application processing fee shall be charged for each street opening permit application that is accepted for processing. This fee covers the costs of initial processing, counter service, record keeping, one inspection, and one hour of staff review time.
2. Surface Cut Fee. A base fee will be charged for all permits that authorize surface cuts to any improved right-of-way which includes paved surfaces, streets or sidewalks. The base fee shall be charged for surface cuts less than 15 square feet or less than 10 feet in length. An additional fee shall be charged for surface cuts of more than 15 square feet or more than 10 feet in length based upon the relative size of the cut. This additional fee shall be charged for each additional square foot. All fees will be tripled for cutting into improved rights-of-way less than two years old. All fees will be doubled for cutting into improved rights-of-way greater than two years old and less than five years old. If the city discovers, upon inspection of the work, that the street was opened in excess of what was permitted, the city may charge an additional fee and deduct the additional fee from the cash deposit referenced in subsection (C) of this section.
3. Excess Inspection and Review Costs. The city may incur extra costs for certain permits that require more than one inspection or more than one hour of review time. These costs may be incurred because of situations related to observed quality of work, traffic problems, schedule problems and cooperation of the permittee. The nonrefundable application processing fee covers the cost of one inspection and one hour of staff review time only. Excess inspection and review fees will be charged based on the hourly rate of actual costs incurred by the city. In the event that it is necessary that the city administrator or his designee inspect the work more than once or requires additional staff review time, the cost of such inspection or review shall be deducted from any cash deposit required under this chapter.
4. Repair and Replacement Charges. If the city should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement will be charged to the permittee. These charges will be for the actual costs to the city.
C. Cash Deposit. No permit shall be granted by the city administrator until the city is furnished with a cash deposit in a sum to be established by the city administrator. The decision whether to require a cash deposit is within the discretion of the city administrator. The cash deposit shall guarantee restoration of the street or right-of-way surfaces in accordance with the provisions of this chapter. The cash deposit shall be delivered to the clerk of the city prior to commencement of any activity authorized by the permit granted by the city administrator. If the permit is issued for work within an improved right-of-way, the cash deposit shall be retained by the city for a period of three years following completion of the work involved. The three-year period begins upon final inspection and acceptance of the permittee’s restoration work by the city administrator or his designee. If the permit is issued for work within an unimproved right-of-way, the cash deposit may be retained, at the city administrator’s sole discretion, for a period less than three years. Any interest earned on a cash deposit required under this section shall become the properly of the city for administrative expenses in maintaining said cash deposit. (Ord. 898 § 1, 2009; Ord. 746 § 4, 1996; Ord. 423 § 2, 1980; Ord. 318, 1973; Ord. 263 § 2, 1970; Ord. 82 § D, 1959)
12.08.040 Conditions.
A permit to perform the acts referred to in CHMC 12.08.010 shall be subject to the following conditions:
A. The applicant shall be required to sign an agreement to indemnify and hold the city harmless from any and all claims for bodily injury and/or property damage that may arise out of or in connection with the permit. Such agreement shall be signed and delivered to the city administrator prior to commencement of any activity authorized by the city administrator;
B. The applicant shall maintain adequate warning or protective structures, signs, signals or devices in relation to the activity for which permission has been given, until the street or right-of-way has been restored to a condition which will allow vehicles or persons to travel thereon in safety;
C. The applicant shall restore the street or right-of-way surface within a reasonable length of time. Such time limit shall be specified by the city administrator;
D. The applicant shall restore a street by grinding the surface of the improved right-of-way and overlaying the affected area according to the specifications approved by the city engineer. The applicant shall restore all other rights-of-way to at least as good condition as that existing at the time the work of the permittee commenced thereon. (Ord. 898 § 2, 2009; Ord. 746 § 5, 1996; Ord. 263 § 1, 1970; Ord. 82 § C, 1959)
12.08.050 City right of abatement – Warning structures.
The provisions of this chapter shall in no way preclude the city from exercising its rights pertaining to abatement of the act or acts described in this chapter on the basis of public nuisance and shall not prevent or make unlawful the use, placing or construction of any warning or protective structure, sign, signal or device in relation to an act or acts performed on the surface of any street or right-of-way within the city:
A. Pursuant to a permit requested and obtained from the city administrator; or
B. At the request of, or as necessary incident to any contract with, the city council. (Ord. 746 § 6, 1996; Ord. 263 § 1, 1970; Ord. 82 § B, 1959)
12.08.060 Civil penalty.
A. Any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative penalty in an amount not greater than $250.00 for each day during any portion of which any violation of any provision of this chapter is committed.
B. Notices of violation shall be issued by the city administrator or his designee. Any person who receives a notice of violation shall respond within 15 days from the date the notice is served. The date of service is the date the notice of violation is either (1) served on the violator(s) personally, or by leaving a copy of the notice at the house of the violator’s usual abode with some person of suitable age and discretion then resident therein, (2) deposited into the United States mail, postage prepaid, via first class and certified mail, return receipt requested, or (3) is otherwise received, whichever occurs first.
C. Persons wishing to contest the notice of violation and people who do not wish to contest the notice of violation but wish to explain mitigating circumstances shall file a request for a hearing within 15 days of the date the notice of violation is served and, upon the city’s receipt of a timely request, a hearing shall be scheduled before the mayor. The determination by the mayor shall be final, binding and conclusive unless a judicial appeal is filed with the King County superior court within 21 days of the date of issuance of the written determination by the mayor. Failure to timely appeal the notice of violation results in the notice becoming the final binding order of the city.
D. In those instances where a civil penalty has been imposed for failure to obtain a street opening permit required under CHMC 12.08.010, such permit shall not be issued until such time as the civil penalty has been paid and all other requirements have been met. As a condition of the final determination of the amount of the civil penalty to be imposed, the city administrator or the mayor, as the case may be, may require abatement of any nonpermitted construction. (Ord. 898 § 3, 2009; Ord. 746 § 7, 1996)