Chapter 12.52
PRIVATE OILING OR PAVING OF STREETS

Sections:

12.52.010    Permit required.

12.52.020    Permit--Application requirements--Granting or refusal.

12.52.025    Permit required--Paving of parking lot.

12.52.030    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

12.52.010 - Permit required

It is unlawful without having first secured the written permit of the city engineer for any person, partnership or corporation to deposit on the surface of any street or alley of the city any oil or oily substance or pavement of any nature whatsoever.

(Ord. 4422 §13, 1983; Ord. 2522 §1, 1946).

12.52.020 - Permit –Application requirements –Granting or refusal

Any person, partnership or corporation desiring to oil or pave the surface of any street or alley in the city shall, before so doing, submit an application to the city public works director for a permit describing the particular streets or alleys to be oiled or paved and the type of resurfacing to be used. If in the judgment of the city public works director the proposed resurfacing will not in any manner injure the surface of the street or alley sought to be resurfaced, then the permit so sought shall be granted, but if in the judgment of the city public works director it appears that the proposed resurfacing will injure or cause damage to or deterioration of the surface of the street or alley, then the permit shall be refused.

The public works director shall charge a fee for each such permit in the amount as set forth in Title 4 of this code.

(Ord. 5126 §10, 1990; Ord. 4422 §13, 1983; Ord. 2522 §2, 1946).

12.52.025 - Permit required –Paving of parking lot

No person shall pave any parking lot within the city without first procuring a permit therefor from the Olympia public works director. The public works director shall assess a fee as set forth in Title 4 of this code.

(Ord. 5126 §11, 1990; Ord. 4422 §15, 1983).

12.52.030 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §34, 2001).