Chapter 12.08
RIGHT-OF-WAY CONDITIONS
Sections:
12.08.010 Removal of debris accumulation.
12.08.020 Restoration of right-of-way.
12.08.030 Notice to remove obstruction.
12.08.040 Failure to remove or restore.
12.08.050 Repealed.
12.08.060 Leaving streets in improper condition.
12.08.010 Removal of debris accumulation.
All earth, rock, stones and other substances which have heretofore and which may hereafter accumulate in any open street of the city, by caving, falling, crumbling or sliding from land abutting upon such street, shall immediately be removed at the cost of the owner of the land so caving, falling, crumbling or sliding from the land abutting upon such street. This section also prohibits the accumulation of debris caused by any vehicle, truck or person. (Ord. 2578 § 2, 1997; Ord. 118 § 1, 1885).
12.08.020 Restoration of right-of-way.
All persons making any right-of-way improvements or doing any work in any right-of-way, whether pursuant to a street and utility development permit, minor activities permit or without a permit, shall be solely responsible for restoring the street. Such persons shall leave all rights-of-way in as good and safe condition in all respects as they were before the commencement with the work, and as may be further set forth in city ordinances, regulations, or the engineering design standards manual. (Ord. 2578 § 2, 1997).
12.08.030 Notice to remove obstruction.
Notice to forthwith remove all obstructions, and/or to restore streets, shall be given to the persons liable for the costs of removing or restoring the same, as provided in Chapter 1.20 PTMC. (Ord. 2952 § 1, 2008; Ord. 2578 § 2, 1997; Ord. 118 § 2, 1885. Formerly 12.08.020).
12.08.040 Failure to remove or restore.
A. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2578 § 2, 1997; Ord. 118 § 3, 1885. Formerly 12.08.030).
12.08.050 Deposit.
Repealed by Ord. 2578. (Ord. 1953 § 2, 1983; Ord. 790 § 2, 1911).
12.08.060 Leaving streets in improper condition.
It shall further be deemed unlawful and a violation of this chapter for any person, firm or corporation pursuant to any of the purposes hereinbefore mentioned to leave any streets in an improper condition for travel.
A. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2578 § 2, 1997; Ord. 2508 § 2, 1996; Ord. 790 § 3, 1911).