Chapter 14.04
USE, CONSTRUCTION AND REPAIR*
Sections:
14.04.010 Unlawful damage or obstruction.
14.04.020 Owner’s responsibility for maintenance.
14.04.030 Owner’s responsibility for snow removal.
14.04.035 Liability of owner or occupant.
14.04.040 Obstructing vision on parking strip – Permission to plant.
14.04.050 Permit to remove or repair – Restoration – Barricades.
14.04.060 Permit to break pavement or block driveway – Fee exemption.
14.04.070 Performance bond may be required.
14.04.080 Owner may be required to repair – Assessments – Right to initiate improvements.
14.04.090 Specifications for repair or construction – Inspection – Variance.
14.04.095 Preparation of road bed for streets.
14.04.100 Additional improvement charge.
14.04.110 Penalty for violations.
* Reimbursement of street fund for costs of street and sidewalks repair – See Chapter 3.08 FMC.
Except as may be modified by ordinance, all street, sidewalk and curb construction shall comply with the standard specifications for Municipal Public Works Construction, 1969 edition, published by the Washington State Chapter, American Public Works Association, and all subsequent amendments thereto or changes therein.
14.04.010 Unlawful damage or obstruction.
It shall hereafter be unlawful for any person to drive or propel any motor vehicle along, over or across any sidewalk, curb or parking strip within the city of Fircrest; or to tear up, break or remove any sidewalk, gutter or curb, or part thereof, except for the purpose of repairing or replacing the same; or to place, maintain or permit any obstruction on, under, over or across any sidewalk which restricts or impairs the full and free use thereof by the public; or to create, cause, maintain or permit any condition to exist which renders any sidewalk, curb, parking strip or driveway across any sidewalk unfit or unsafe for use by the general public. (Ord. 247 § 1, 1954).
14.04.020 Owner’s responsibility for maintenance.
It shall be the duty of the owner or occupant of abutting property to keep the sidewalk, curb, gutter, parking strip and any driveway across the same in good repair at his own expense, and to remove or correct any condition which renders any such sidewalk, curb, gutter, parking strip or driveway unsafe or unfit for use. (Ord. 247 § 2, 1954).
14.04.030 Owner’s responsibility for snow removal.
It shall be the duty of the owner or occupant of abutting property to keep the sidewalk in front of such property free from snow, ice or obstruction of any kind, either natural or artificial. (Ord. 247 § 3, 1954).
14.04.035 Liability of owner or occupant.
The owner or occupant of abutting property who fails to keep the sidewalk, curb, gutter, parking strip and any driveway across the same in good repair or free from obstructions of any kind, or who fails to remove or correct any condition which renders such sidewalk, curb, gutter, parking strip or driveway unsafe or unfit for use, shall be liable for any negligence that might be incurred from the owner’s or occupant’s failure to maintain the property as required by this chapter. (Ord. 972 § 1, 1990).
14.04.040 Obstructing vision on parking strip – Permission to plant.
It shall be unlawful for any person to place or maintain any tree, shrub, sign, structure or opaque object of any kind on an inner or outer parking strip which obstructs the vision of traffic on the streets of the city. No person shall in any event place or maintain any tree, shrub, sign or structure of any kind on any parking strip without first securing permission to do so from the utilities superintendent. (Ord. 247 § 4, 1954).
14.04.050 Permit to remove or repair – Restoration – Barricades.
It shall be unlawful for any person to tear up, break, remove, repair, construct or reconstruct any sidewalk, curbing, gutter, or driveway across any sidewalk or curb, without first securing a permit to do so from the utilities superintendent. Whenever any person shall tear, break or remove a sidewalk, curb or driveway across any sidewalk or curb, or any portion thereof, either in connection with construction work on the abutting property or in the course of repairing, constructing or reconstructing such sidewalk, curb or driveway, he shall restore the same to a completed condition without undue delay, and shall make, provide or install such temporary repairs, markings, barricades, warning signs and the like as may be necessary to warn the public of the dangerous or hazardous conditions there existing. (Ord. 247 § 5, 1954).
14.04.055 Right-of-way permit fees for construction of roadway features and for construction of utilities.
(a) Right-of-Way Permit Fees for Construction of Roadway Features. The following fees shall apply to all permits necessary for construction of roadway features within the public rights-of-way:
|
Permit intake fee: |
$72.50 |
Flat rate |
|
Plan check fees (if required): |
$167.25 |
Flat rate first 1.5 hours |
|
$111.50 |
Per hour thereafter |
|
|
Inspection fees: |
$55.00 |
Flat rate |
|
Re-inspections: |
$55.00 |
Per repeat inspection |
A payment of $127.50 shall be made at the time of submittal of the application for a permit. Any additional plan check fees will be calculated during review, and payment shall be made at the time of issuance of the permit. Any fees necessary for re-inspections will be billed to the permit holder, and final approval will not be provided until all fees have been paid.
(b) Right-of-Way Permit Fees for Construction of Utilities. The following fees shall apply to all permits necessary for construction of utilities within the public rights-of-way:
|
Permit intake fee: |
$72.50 |
Flat rate |
|
Plan check fees: |
$167.25 |
Flat rate first 150 feet |
|
$0.46 |
Per linear foot thereafter |
|
|
Inspection fees: |
$178.50 |
Flat rate first 150 feet |
|
$0.88 |
Per linear foot thereafter |
|
|
Re-inspections: |
$55.00 |
Per repeat inspection |
A payment of $418.25 shall be made at the time of submittal of the application for a permit. Any additional plan check fees and inspection fees will be calculated during review, and payment shall be made at the time of issuance of the permit. Any fees necessary for re-inspections will be billed to the permit holder, and final approval will not be provided until all fees have been paid. (Ord. 1522 § 1, 2012).
14.04.060 Permit to break pavement or block driveway – Fee exemption.
It shall be unlawful for any person, firm or corporation to break the crown of the asphaltic pavement of any street or alley in the city of Fircrest for construction purposes or for any other purposes, or to block any driveway in any street or alley in the city of Fircrest without said person, firm or corporation having first obtained a permit to do so from the city of Fircrest. (Ord. 1522 § 2, 2012; Ord. 487, 1964; Ord. 247 § 5(a – c), 1954).
14.04.070 Performance bond may be required.
Whenever any person breaks, tears up or removes any sidewalk, curb, gutter or driveway across any sidewalk or curb, or portion thereof, in connection with construction on the abutting property, he shall upon demand of the city give a performance bond to the city in its favor to insure the prompt replacement or repair of such sidewalk, curb, gutter or driveway, in accordance with city specifications and pursuant to applicable ordinances. (Ord. 247 § 7, 1954).
14.04.080 Owner may be required to repair – Assessments – Right to initiate improvements.
Whenever any sidewalk, gutter, curb or driveway across any sidewalk or curb has become unsafe or unfit for public use, or whenever it appears to the city necessary or advisable that a new sidewalk, gutter, curb or driveway be constructed, or any old sidewalk, gutter, curb or driveway be repaired, replaced or reconstructed, or that any obstruction on, over, under or across the same be removed, the city council may require the owner of the abutting property to perform the necessary work at his own cost and expense, in whole or in part, and in the event such owner fails to do so the city may proceed to perform such work and to assess all or any portion of the cost thereof against such owner. Notice shall be given to such owner and procedure shall be followed as specified and provided by Chapter 177 of the Laws of 1949 of the state as the same now exist or may hereafter be amended. Nothing contained in this paragraph shall be construed to prohibit or limit the right of citizens or of the city to initiate sidewalk improvements pursuant to the local improvement district laws of the state. (Ord. 247 § 8, 1954).
14.04.090 Specifications for repair or construction – Inspection – Variance.
Whenever any sidewalk, curb, gutter or driveway across any sidewalk, or curb is to be repaired, replaced, constructed or reconstructed by any private individual, such work shall be subject to inspection and approval by the city, and shall be performed in accordance with the following conditions and specifications:
(a) All forms for such sidewalks, curbs or driveways shall be inspected by an authorized employee of the city prior to the pouring of any cement.
(b) Sidewalks shall be at least five feet wide and four inches thick, except they shall be at least six inches thick where forming a part of any driveway. All sidewalks shall have a slope of one-quarter inch per foot from the inner line of said sidewalk to the curb, and shall be so joined with existing sidewalks as to provide an even and smooth joint.
(c) Curbs shall not be less than 12 inches deep, or such greater depth as the city may require, and shall be at least six inches wide at the top and the combined curb and gutter shall be not less than 18 inches wide at the base. At least six inches of the curb shall be below the grade of the street.
(d) Whenever a curb and sidewalk shall be combined and immediately join each other, such sidewalk and curb shall be poured together. Cold joints shall be prohibited.
(e) Driveways shall be not less than 10 feet nor more than 20 feet wide, nor less than six inches thick across the curb, parking strip or sidewalk. Driveways will extend from curb to property line, will slope upward to a minimum of the height of the curb five feet in from curb and will have an apron arc of five feet radius. Surface shall be concrete with a two-inch lip at the curb.
(f) All sidewalks, curbs and that portion of all driveways from the street to the inner line of the sidewalk shall be constructed of No. 1, or five sack mix. All finished work will be inspected by the city superintendent of streets. All finished concrete work on the street right-of-way shall be protected while curing. Driveways shall not be placed nearer than two feet to any power vault and will not cover a water shutoff.
(g) No change in grade in any sidewalk, curb or parking strip, nor any dips or raises in the sidewalk shall be permitted.
(h) No driveway shall be constructed or maintained closer than 15 feet to any street intersection, measuring from the curb line. Gutters shall be left unobstructed for the free passage of drain water, and no apron or ramp shall be permitted which extends beyond the curb line and into the street unless special permission therefor has been first obtained from the city council.
(i) Exceptions to any of the provisions of this section may be made by the city council upon written application for a variance and for good cause shown. (Ord. 572, 1967; Ord. 400, 1961; Ord. 247 § 6, 1954).
14.04.095 Preparation of road bed for streets.
The surface of roadway shall be true to line, grade, and section indicated on the plans, and thoroughly compacted, before bank-run gravel is placed. Bank-run gravel shall not be placed until:
(a) The city superintendent of streets has inspected and approved the material and the grade upon which it is to be placed;
(b) The sidewalk areas, the earth curbs, side streets and driveway approaches, where indicated, have been shaped, dressed and ballast subgrade entirely completed;
(c) Under-the-street utilities are installed. Bank-run gravel will have a minimum compressed depth of six inches and will extend under the curbline. (Ord. 572 § 4, 1967).
14.04.100 Additional improvement charge.
Whenever the city performs any work pursuant to the provisions of this chapter, and all or any part of the cost thereof is thereafter assessed against the owner of abutting property, a flat charge of $5.00 for each improvement shall be added to the actual cost thereof on the assessment roll, which charge shall thereafter be credited equally to the current expense and street funds of the city, to cover costs of processing such improvement, clerical and administrative work, postage, and other similar items of overhead expense. (Ord. 247 § 9, 1954).
14.04.110 Penalty for violations.
Violation of any of the provisions of this chapter shall constitute a misdemeanor for each offense. (Ord. 987 § 36, 1991; Ord. 834 § 36, 1986; Ord. 247 § 11, 1954).