Chapter 12.08 EXCAVATIONS AND OBSTRUCTIONS

Chapter 12.08
EXCAVATIONS AND OBSTRUCTIONS

Sections:

12.08.010 Permit required to obstruct streets, extend lines and railways, etc.

12.08.020 Conditions for granting permit.

12.08.030 Obstructing without permission declared a nuisance.

12.08.010 Permit required to obstruct streets, extend lines and railways, etc.

No person or corporation shall build or construct or extend any railroad of any kind or any street railway, telegraph line, telephone line or electric light line, or lay underground any conduit or pipe or pipes for the transmission and distribution of water, illuminating or fuel gas, or other liquid, gas or other thing, in any of the streets, avenues, alleys or other public street in the city of Marysville, without first obtaining a permit therefor from the director of public works or designee; and no person or corporation shall make or cause to be made any excavation of any kind or deposit any material or other thing in any of the streets, avenues, alleys or other public place of the city for the purpose or with the intention of building, constructing or extending any such railroad, street railway, telegraph line, telephone line, electric light line, conduit or pipe or pipes for any such purpose aforesaid without first obtaining such permit from the director of public works or designee. Public works may impose such reasonable restrictions and conditions in granting such permit as it may deem proper; may require a plat or diagram to be filed with the city clerk, showing the line of such proposed improvement and the location upon the street or alley of any such railroad, conduit or pipeline and the location of all poles to be erected; and may require a bond or cash deposit in a sufficient amount, conditioned that the licensee under the permit will restore all street pavements or planking, sidewalk or other street improvements of any kind to as good condition as they were prior to being disturbed under such permit, to the satisfaction of the city engineer. (Ord. 2292 § 6, 1999).

12.08.020 Conditions for granting permit.

If the person or corporation applying to the director of public works or designee for any such permit shall have a valid and existing franchise or permission for the structure desired, under any valid ordinance of the city, it shall be the duty of the director of public works or designee to grant such permit; provided, that said director of public works or designee shall defer or temporarily refuse the granting thereof, until such time as it deems proper in its discretion in all cases where the street or alley, or other public place on which the work is desired to be done, is occupied or about to be occupied in any work by the city in improving or repairing such street, alley or public place, or in repairing, extending or constructing water mains, sewer pipes or other city property, or in cases where such street, alley or public place is occupied or is about to be occupied by any other person or corporation having a right to use the same, in such manner as to render it seriously inconvenient to the public to permit any further obstruction thereof at said time; and provided further, that the director of public works or designee shall, in granting said permits, so regulate or defer the granting thereof that a sufficient portion of such street, alley or public place shall, as far as possible, be open for public use and for purposes of traffic, and in all cases any work of the city or its contractors or employees shall have precedence over all other work of every kind. (Ord. 2292 § 7, 1999).

12.08.030 Obstructing without permission declared a nuisance.

All railroads, street railways, telegraph lines, telephone lines and electric light lines, and all rails, ties, planks, posts, wires and other structures, apparatus and materials, built, constructed or placed in any street or alley of the city in violation of MMC 12.08.010 shall be deemed public nuisances, and shall be abated with or without action, and other proceedings shall be taken thereon as authorized by law and the ordinances of the city of Marysville for the prevention, abatement and punishment of nuisances, or obstructing streets, alleys or other places in the city. (Ord. 130 § 3, 1906).

12.08.040 Penalty for violations.

Any person who shall violate MMC 12.08.010 or aid in any violation thereof, or order anything to be done in violation thereof, shall be deemed guilty of causing a public nuisance and, on conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $100.00, or by imprisonment in the city or county jail not less than five nor more than 30 days, or by both such fine and imprisonment. (Ord. 130 § 4, 1906).

12.08.050 Defense in prosecution.

It shall be no defense to any prosecution or proceeding under this chapter that a franchise or permission to build or construct such railroad, street railway, telegraph line, telephone line, or electric light line has been granted by any ordinance of the city, but this chapter shall not be construed as to require a permit for the doing of ordinary repairs to any such structure when such repairs are made in good faith and not for the purpose of making any extension to such structure. (Ord. 130 § 5, 1906).