Chapter 11.08
STREET OBSTRUCTIONS*
Sections:
11.08.030 Notice of completion.
11.08.050 Passageways required.
11.08.060 Bond and restoration.
11.08.100 Noncompliance and delinquency.
* Cities and towns empowered to manage and control streets and highways and to clear obstructions—See RCW 35.24.290(3).
11.08.010 Obstructing.
It shall be unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or to fill in, place, leave or deposit in or upon any such public street, highway, alley, thoroughfare, sidewalk or public place any article material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained written permission from the street superintendent of the city as hereinafter provided. (Ord. 197 § 1; January 21, 1957).
11.08.020 Permit.
The street superintendent of the city shall grant a permit only upon compliance with the following terms and conditions:
The party requesting the permit shall make application in writing and if requested to by the street superintendent, shall file with the superintendent a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed, and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of the work, obstruction or other thing; the superintendent shall thereupon examine the application and plat and if he shall approve the same, may issue a permit, and the permit shall require the replacing in its former condition, the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed, or affected in any way. The permit shall specify the location of the street sidewalk, alley, pavement or public place in front of, through, under on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with a description of the proposed work or acts to be done under the permits, and the length of time allowed for the completion of the work.
The acts and works permitted under the permit shall be at all times under the supervision and control of the superintendent, but at the expense of the party procuring the permit, and in case any such place referred to in this chapter is disturbed in any way, the replacing thereof in its former condition shall be at all times subject to the direction of the superintendent, and the same shall be replaced and restored to its former condition within the permit, or upon the completion of the work allowed to be done under the permit; the superintendent shall, if he deems advisable, have the right to do all work and things necessary to restore the street, alley, sidewalk or public place to its original and proper condition; and the party obtaining the permit shall be liable for the expense thereof; provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon the work to be collected in a civil action in any court of competent jurisdiction; provided, further, that nothing stated in this chapter shall affect in any way the duty of the one acting under the permit to guarantee and maintain the area disturbed for two years after returning it to its original condition. (Ord. 197 § 2; January 21, 1957).
11.08.030 Notice of completion.
Before doing any of the acts authorized by the permit, written notice must be given to the chief of the fire department, who shall also be notified of the completion of the act or acts allowed under the permit when the public street, alley, sidewalk, highway or other public place affected has been placed in the condition required by this chapter. Immediately upon the completion of the act or acts allowed under the permit required by this chapter, written notice shall also be given to the superintendent. Any delay in giving written notice after the completion of the work shall render the applicant for the permit liable for all damages done or suffered by the city or any person, firm or corporation, by the delay. (Ord. 197 § 3; January 21, 1957).
11.08.040 Inspection.
The street superintendent, if in his judgement the nature of the work be such as to require inspection on behalf of the city, either during the process of the same or after the area affected has been restored to its original condition, or at both of the times, may inspect the same and may charge a reasonable sum therefor. (Ord. 197 § 4; January 21, 1957).
11.08.050 Passageways required.
The street superintendent is authorized and empowered to grant permits in his discretion to such persons as may apply to use, occupy and obstruct a portion not exceeding one-third in width of any street or alley around the lot on which the building is located, for depositing building material during the construction of any building. Such permits to be on the condition that a passageway for pedestrians shall at all times be kept around the excavation or building site; provided, that within the city fire limits the passageway shall be at least four feet wide and shall, as soon as the excavation shall have been completed, be maintained over and along the sidewalk space. The way shall extend from the permanent sidewalks abutting upon the lots adjoining the lots upon which the building is being erected, and shall be constructed of two-inch plank laid lengthwise upon good and sufficient supports laid not more than three feet apart. The respective ends of the passageway shall be laid even with the sidewalk to which the same are attached and shall have erected on each side a barrier or railing sufficient to prevent accidents by falling off the same. Whenever in the course of the construction of the building, work shall have been commenced upon the second story, the way must be covered over its entire width and breadth at a height of not less than ten feet, with two-inch planks resting upon strong supporting joists well fastened and braced to strong posts on both sides. (Ord. 197 § 5; January 21, 1957).
11.08.060 Bond and restoration.
The street superintendent may, as a condition precedent to the granting of the permit as herein provided, require the execution and delivery to the city a good and sufficient bond in an amount to be fixed by the street superintendent, approved by the city attorney, conditioned that the applicant for the permit will keep and save harmless the city from any and all claims, liability, judgment, costs, damages and expenses arising from any acts which he may do or suffer to be done under the permit, or which may be done by any of his agents, servants or employees, or which may arise from any negligence of himself, his agents, servants, contractors or employees, or any of them in obstructing or in any way disturbing the street, alley, highway or other public place, or by reason of the violation of any of the provisions of this chapter. The bond shall be further conditioned that in case the act or acts permitted necessitate the cutting into any sidewalk, street, pavement, thoroughfare, or any public place in the city, the person, firm or corporation applying for and acting under the permit shall replace the portion of the sidewalk, avenue, pavement, alley or public place affected and shall put the same in its prior condition within the time specified by the superintendent, and shall maintain it in that condition for a period of one year thereafter. Provided, further, that the superintendent may allow a separate bond to be given to secure the maintenance of the street, alley, highway, or other public place as hereinbefore provided. (Ord. 197 § 6; January 21, 1957).
11.08.070 Barriers.
In case any public street alley, sidewalk, highway or public place shall be dug up, excavated, undermined, disturbed or obstructed, or any obstruction placed thereon, the persons, firm or corporation causing the same shall erect, and so long as the condition exists and any danger may continue, maintain around that portion of the street, sidewalk, alley, or other public place, a good and substantial barrier, and shall also cause to be maintained during every night from sunset to daylight, at each end of the obstruction, lighted lanterns showing a red light. (Ord. 197 § 7; 1957).
11.08.080 Deposit.
In case the permit shall allow the cutting into or removing of any portion of the pavement upon any alley, highway or any other public place, the superintendent may require as a condition of granting the permit, a deposit in an amount sufficient to cover the cost of restoring the pavement to its original and proper condition, and for maintaining the same for a period of one year thereafter. (Ord. 197 § 8; January 21, 1957).
11.08.090 Annual bond.
Any person, firm or corporation engaged in the business of laying sewers or any kind of work which tends to obstruct the streets, highways or public places may, in lieu of the bond referred to in Section 11.08.060 of this chapter, execute and file an annual bond in an amount fixed by the street superintendent and approved by the city attorney, conditioned as provided in Section 11.08.060, provided, that whenever in the judgment of the superintendent the amount of the annual bond becomes insufficient, a new or additional bond may be required. (Ord. 197 § 9; January 21, 1957).
11.08.100 Noncompliance and delinquency.
No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges fixed by this chapter or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 197 § 10, 1957).