Chapter 12.18
DISPLACEMENT FOR PUBLIC USE1
Sections:
12.18.020 Displacement for public use.
12.18.010 Definitions.
A. “Facilities,” as used herein, means all conduits, wires, lines, poles, pipes, cables, communication and signal lines, braces, guys, anchors, vaults, and all other structures, equipment and appurtenances thereto owned, operated or maintained by a public utility or any other permittee.
B. “Public improvement,” as used herein, means all work, construction, alterations, repair or improvements, executed at the cost or under contract of the city, or caused to be performed by any person or entity as a condition or requirement of an approval or permit for zoning, land use, construction or development if dedicated or required to be dedicated to the public use, benefit or enjoyment.
C. “Public utility,” as used herein, means a company or entity engaged in any business or service regularly supplying the public with some commodity or service which is a public need and consequence, such as gas, electricity, water, sanitary sewer, telephone, or transportation, including any business subject to regulation as to rates and service by the Utilities and Transportation Commission under the provisions of RCW Title 81; provided, that it shall not include any such company the issuance of stocks and securities of which is subject to regulation by the Interstate Commerce Commission; provided further, that it shall not include any “motor carrier” as that term is used in RCW 81.80.010 or any other “garbage and refuse collection company” subject to the provisions of Chapter 81.77 RCW; provided further, that it shall not include any company or entity otherwise meeting this definition of a public utility that is specifically regulated for use of the public right-of-way by any other chapter of this code exempting the company or entity from the provisions of this chapter. (Ord. 851 § 1, 2003)
12.18.020 Displacement for public use.
A public utility or any other permittee allowed to place facilities in the public right-of-way, under order of the city administrator or his designee, shall, under a minimum of 45 days’ notice at its own costs and expense, move any underground, service or overhead facilities which interfere with any local improvement district work or with any construction for street or transportation purposes or other public improvement authorized or ordered by the city. The actual number of days shall be specified by the administrator in the administrator’s order. All above ground facilities ordered to be moved shall be placed underground consistent with the requirements of CHMC 12.04.130; provided, the provisions of this section shall not be enforced so as to conflict with any state law, including but not limited to any approved tariff or state statutes regulating the relocation and undergrounding of telecommunications and cable services in the right-of-way as provided in Chapter 35.99 RCW as amended from time to time. (Ord. 851 § 1, 2003)
Ordinance 851 added this chapter as Chapter 12.14. It has been editorially renumbered to avoid duplication.