Chapter 12.04
EXCAVATIONS1
Sections:
12.04.010 Permit required – Conditions.
12.04.020 Permittee responsibility to complete work promptly.
12.04.030 Barrier – Required where.
12.04.040 Application – Bond – Requisites – Amount – Insurance.
12.04.050 Violation – Penalty.
12.04.010 Permit required – Conditions.
It is unlawful for any person, firm or corporation to dig up, undermine, or in any way obstruct or disturb, or cause to be dug up, undermined or in any way obstructed or disturbed, any public street, highway or place, or to fill in or deposit in and upon any public street, highway or place, any earth, rock or any other matter or thing tending to disturb or obstruct the same without first having obtained a right-of-way permit from the public works director. [Ord. 1655 § 1 (Att. A), 2022; Ord. 11 § 1, 1906.]
12.04.020 Permittee responsibility to complete work promptly.
Any person, firm or corporation being permitted or authorized to do work under this chapter, or permitted, authorized or required to do work as provided in LMC 12.16.010, who has dug up, undermined, disturbed or obstructed any public street, highway or place, shall, as soon as possible, complete such work and without delay put the street, highway or sidewalk or place in as good condition as it was before such work was commenced. [Ord. 1655 § 1 (Att. A), 2022; Ord. 11 § 2, 1906.]
12.04.030 Barrier – Required where.
The public works director may require a barrier(s) to be placed when any public street, highway or place is made dangerous by reason of excavation activities or other disturbance. Such barrier(s) may include signage, barricades, lights, manned flaggers and/or other means determined necessary to ensure the public safety. [Ord. 1655 § 1 (Att. A), 2022; Ord. 11 § 3, 1906.]
12.04.040 Application – Bond – Requisites – Amount – Insurance.
For work, the responsible person (“permittee”) shall make application to the public works director for a permit and in connection therewith shall file a bond in the minimum sum of $10,000, or such other sum as is established by the public works director, conditioned on faithful performance of the terms of the permit and holding the city of Leavenworth harmless from any loss, damage, cost or expense of any nature which may accrue to or be asserted against the city of Leavenworth by reason of any activities of permittee, its successor or assigns under this chapter and the permit.
In addition, said bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and, in case the permit authorizes cutting into or under any streets or alleys in the city, said bond shall be further conditioned that the person acting under said permit shall replace the portion of said streets and alleys affected thereby and shall restore the same at permittee’s expense to as good or better condition within the time specified by the public works director, and that said permittee will warrant and maintain such street or alley so restored for a period of two years from and after such restoration.
The public works director also may require that permittee or its general contractor provide insurance coverage naming the city as an additional insured, such coverage including but not limited to comprehensive general liability insurance for the work covered by the permit.
Permitee shall warranty the work to be free of defect for two years. Settlement of the street or alley within a two-year period from the time the original work is completed shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work by the public works director shall not prevent the city from making a claim against the permittee for uncompleted or defective work if the same is discovered within two years of said acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work. [Ord. 1655 § 1 (Att. A), 2022; Ord. 11 § 4, 1906.]
12.04.050 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is in violation of city code and subject to enforcement actions under Chapter 21.13 LMC. [Ord. 1655 § 1 (Att. A), 2022; Ord. 11 § 5, 1906.]
Editor’s note: The term “marshal” has been editorially amended to “chief of police” per the city’s request.