Chapter 11.05 RIGHT-OF-WAY ADMINISTRATION

(1) The purpose of this chapter is to establish minimum rules and regulations to govern activities within the right-of-way in the city of Puyallup and to provide for the fees, charges, warranties, and procedures required to administer the permit process. To the extent the provision of any franchise or other written agreement adopted prior to the effective date of the ordinance codified in this chapter conflicts with any provision of this chapter, the applicable provision of the franchise or other written agreement shall prevail. All subsequent franchise or other written agreements shall comply with this chapter and this chapter shall prevail over any such agreement.

(2) This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

(3) It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.020 Definitions.

“Applicant” means a person who has applied for a permit pursuant to this chapter.

“City” means the city of Puyallup.

“City engineer” means the city of Puyallup city engineer or their designee.

“Facility” or “facilities” means any plant, equipment and property, including but not limited to cables, wires, conduits, transformers, substation, pad-mounted J boxes, switch cabinets, ducts, pedestals, antennas, electronics, vaults, poles, meter boxes, and other appurtenances owned by a right-of-way user.

“Franchised entity” means a person or entity that was issued a franchise agreement by the city and which franchise is not expired or, if expired, is still in effect because of continued mutual adherence to the terms of the original franchise agreement.

“Permittee” means a person that has applied for and received a permit pursuant to this chapter.

“Person” means any individual, association, partnership, corporation or legal entity, public or private, and includes the agents, contractors, and assigns of such person, including registered agents thereof.

“Public improvement” means any capital improvement, maintenance, or repair that is undertaken by or on behalf of the city within the franchise area and is funded by the city (either directly or indirectly), including any capital improvement within the city’s adopted transportation improvement plan or capital facilities plan.

“Right-of-way” or “rights-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights and easements related thereto.

“Right-of-way user” means any person with any authorized or unauthorized facility or facilities in the right-of-way.

“Unopened right-of-way” means right-of-way within the city that is not currently occupied by a right-of-way user’s facilities and has not been opened for use for utility facilities or public vehicular traffic. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.030 Permit – Required.

(1) No person shall excavate, tunnel under, fill in, grade, pave, level, alter, construct, repair, or remove any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, water main or any other structure or improvement, nor set up traffic control located over, under or upon any public street, highway, avenue, alley or public right-of-way within the city limits of the city of Puyallup without first obtaining a written permit to do so from the city engineer. The permit shall be requested upon an application form as provided at the office of the city engineer; and upon approval of the application by the city engineer, a permit shall be issued. Notwithstanding any other provision of this chapter, the use of city forces to perform mere repairs or maintenance of existing works or ordinary service to consumers shall not require a permit.

(2) In the event of an emergency occurring after regular business hours, at night, on Sundays, or legal holidays, when an excavation may be necessary for the protection of public or private property; the same can be made after the person making such excavation has notified the police and local fire authority of such work; an application for a written permit as provided in this chapter shall be made within three business days whether or not the emergency work has been completed.

(3) Work for which a permit has been issued shall commence within 180 calendar days after issuance; if not so commenced, the permit shall be automatically terminated unless the permittee applies to the city engineer for an extension of time within which to commence work, and if such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. Any extension of time shall only be granted if the use or activity is progressing in a satisfactory manner as reasonably determined by the city engineer. Only one extension will be allowed for no more than 180 calendar days. Every permit shall expire at the time stated in the permit, at which time the excavation must be closed and brought to grade unless an extension of time is granted by the city engineer. Permits which terminate may be renewed only upon an additional payment of all permit fees as originally required.

(4) Permits are nontransferable from one person to another, and the work shall not be made in any place other than the location specified in the permit. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.040 Application – Contents.

The application shall contain the following information:

(1) Name and address of applicant.

(2) For whom the work is to be done.

(3) General nature and extent of work to be done.

(4) Plans and specifications shall be furnished.

(5) Address and/or GPS coordinates of proposed work.

(6) Such other pertinent information as may be reasonably required to fully set forth the nature and extent of the work and the estimated time required for its completion, including traffic control.

(7) Estimated cost of the improvements, including labor and materials, necessary for determining required bonding amount under this chapter. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.050 Permit and inspection fees required.

Permit and inspection fees are determined by the Puyallup city council under separate resolution. Permit fees shall be paid prior to issuance of a permit. Inspection fees and/or charges accrued for the work, if any, shall be paid prior to the issuance of a final inspection or certificate of occupancy. Notwithstanding the provisions of this section, projects performed by the city or on behalf of the city shall not be charged a permit fee. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.060 Permit conditions.

(1) The following permit conditions shall apply to all permits issued under this chapter:

(a) The permittee shall not interfere with any existing facilities without the consent of the owner of the facility. In the event existing facilities are damaged by the permittee, they shall be promptly repaired at the permittee’s sole expense.

(b) Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point of a permanent survey benchmark within the city shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the city engineer.

(c) The permittee will at all times, and at their own expense, preserve and protect from injury any properties adjoining the project site.

(d) When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the city engineer.

(e) When any earth, gravel, waste materials from sawcutting or paving, or other excavated material is caused to roll, flow, or wash upon any street, storm drain, catch basin or any other facility, the permittee shall cause the same to be removed from the street immediately after deposit, or as directed by the city engineer. In the event the earth, gravel, waste materials from sawcutting or paving, or other excavated material so deposited is not removed, the city engineer shall cause such removal and the cost incurred shall be paid by the permittee.

(f) Specifications outlined under Chapter 17.42 PMC designating the method of street cutting, excavation, disposal of excavated material, backfilling, and the replacement of concrete or asphaltic materials are to be maintained on the city’s website. It is unlawful for any person to deviate from the provisions of these specifications without prior written approval from the city engineer.

(g) Every reasonable effort must be made to maintain free access at all times to fire hydrants, fire stations, all other vital and essential public structures, equipment, and facilities, and to private driveways.

(h) All permittees shall be required to consent to inspections of the permitted work by the public works department or any other appropriate city department.

(2) Further, in granting any permit, the city engineer may attach such other conditions thereto as may be reasonably necessary, as identified in federal, state or local codes, standards or guidelines, to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:

(a) Limitations on the hour, the day and the period of the year in which the work may be performed;

(b) Restrictions as to the size and type of excavating equipment;

(d) The manner of removal of excavated materials;

(e) Requirements as to the control of dust nuisance, control of surface water impacts, the cleaning of streets and the prevention of noise and other results offensive or injurious to the neighborhood, the general public, or any portion thereof. Additionally, at any time conditions unforeseen at the time of issuance of the permit are discovered which could, in the opinion of the city engineer, cause unforeseen damage to public or private property or a hazard to life or property or become a public nuisance, the city engineer may forthwith order the stoppage of any further work under the permit until the permit conditions have been modified by the city engineer in such a manner as to protect from or eliminate the potential damages, hazards or nuisances enumerated in this chapter.

(3) The city engineer shall make such inspection as may be deemed necessary of all work authorized by a permit; provided, that the permittee is obligated to request a final inspection to close out the permit. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.070 Insurance – Indemnification – Security requirements.

(1) Before a permit pursuant to the provisions of this chapter may be issued, the applicant may be required to execute to the city a financial guarantee in a form as approved by the city attorney for the proper protection of the city and conditioned that obligors of the financial guarantee will pay to the city the costs and expenses incurred by the city should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limit specified by said permit.

(a) Performance financial guarantee: in a sum as shall be designated by the city engineer (but not less than 150 percent of the estimated cost of the improvements within the right-of-way). This financial guarantee shall be released upon acceptance of the work and the receipt of a maintenance financial guarantee. Otherwise, it will be released under the same time frame outlined in subsection (1)(b) of this section.

(b) Right-of-way occupation financial guarantee: in a sum of not less than $5,000. Permits allowing right-of-way obstructions, not including the take up, breaking, excavating, tunneling, undermining, or cutting in any public right-of-way in the city of Puyallup, may be allowed to provide a financial guarantee pursuant to this subsection. The city engineer may release the financial guarantee, without requiring a subsequent maintenance guarantee per subsection (1)(c) of this section, once the work has been accepted as complete by a city of Puyallup inspector and the permit is finaled and closed.

(c) Maintenance financial guarantee: in a sum as shall be designated by the city engineer (but not less than $5,000 or 10 percent of the estimated cost of the improvements within the right-of-way, whichever is greater). This financial guarantee will be in force for two years after the city accepts the work if no repair work is identified within that two-year period. If the city identifies any repair work the financial guarantee will extend to either one year after the repair is accepted by the city or the end of the original two-year time period, whichever is longer. At the city engineer’s discretion, this maintenance financial guarantee may be waived if the city engineer documents in writing a decision that a financial guarantee is not necessary to protect the interests of the city.

(2) In lieu of a financial guarantee to cover particular work, an applicant may maintain with the city a general bond in the sum of $100,000 conditioned and used for the same purpose as the financial guarantee described in subsection (1) of this section and covering all work to be done rather than any particular work. Additional bonding value may be required at the discretion of the city engineer, when the cumulative value of work guaranteed by the bond exceeds the $100,000 bond value.

(3) Before a permit shall be issued for any of the purposes designated in this chapter, any applicant shall obtain and provide evidence of insurance that complies with the city’s insurance pool recommendations or as approved by the city attorney and shall file with the city engineer a certificate of insurance evidencing commercial general liability insurance with minimum limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit and automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident; provided, that if the applicant holds a current franchise from the city, the applicant shall comply with the insurance provisions pursuant to the franchise.

(4) All permits issued shall contain an indemnification provision as determined by the city engineer in consultation with the city attorney. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.080 Appeals.

All appeals arising under this title shall be as provided for under state law. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.090 Triple charges for work done without permit.

In addition to any other penalty provided by the Puyallup Municipal Code, work started without a permit will be penalized by triple charges for the permit and associated inspection, except in the event of an emergency as herein provided. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.100 Hold harmless clause.

Neither the city of Puyallup nor any employee thereof shall be responsible for any error appearing in any map in the office of the director of public works or the city engineer. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.110 Coordination of construction and notification.

(1) All right-of-way users are required to cooperate with the city and with each other.

(a) Upon request, right-of-way users shall provide the city with a schedule of their proposed construction activities in, around, or that may affect the right-of-way within the next 12 months.

(b) Each right-of-way user shall meet with the city and other right-of-way users annually or as determined by the city to schedule and coordinate construction in the rights-of-way.

(c) To the extent possible, all construction locations, activities and schedules shall be coordinated to minimize public inconvenience, disruption or damages.

(2) At the time of submitting an application for a permit pursuant to this chapter, the applicant shall notify all other right-of-way users within 300 feet of the proposed location of the work and known to be using or proposing to use the same right-of-way of the applicant’s proposed construction and the proposed timing of such construction. Any such entity notified may, within seven days of such notification, request a reasonable delay in the commencement of such proposed construction for the purpose of coordinating other right-of-way construction with that proposed by the applicant. The requirements of this subsection shall not apply to relocation work directed by the city pursuant to PMC 11.05.170.

(3) The city engineer shall also coordinate the approval of permits with city street improvements and maintenance and may defer or delay the commencement date for the applicant’s right-of-way construction until such time as such official deems proper. In all cases, any work of the city or its contractors or employees for municipal purposes shall have precedence over all work of every other kind.

(4) Before commencing construction for night work the applicant shall provide notice to all adjoining properties within 300 linear feet from the roadway location. In addition, for all work within regular hours (7:00 a.m. to 5:00 p.m.), notification shall be given to all properties directly adjacent to the work and particularly to any properties for which the work will restrict access. Notification as required herein will be provided no less than 48 hours prior to the work commencing and shall be in the form of signage, door hangers, or door to door distribution of flyers. Notifications will include contact information for the applicant or contractor doing the work. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.120 Records.

Upon request by the city, a right-of-way user shall, within 10 business days, submit to the city, at no cost to the city, the right-of-way user’s most current and accurate record drawings in use by the right-of-way user showing the location, specified by the city in its request. Record drawings shall show all facilities including but not limited to power poles, guy poles and anchors, overhead transformers, pad-mounted transformers, submersible transformers, conduit, substation (with its name) pedestals, pad-mounted J boxes, vaults, switch cabinets, and meter boxes. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.130 Safety requirements.

(1) All work performed by the right-of-way user or its contractors shall be accomplished in a safe manner and in accordance with industry standards, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. The right-of-way user shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the city or the laws of the state of Washington, including RCW 39.04.180 for the construction of trench safety systems. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the city engineer.

(2) As a condition for the issuance of any permit, the city engineer may require an applicant to submit a traffic detour plan showing the proposed detour routing and location and type of warning lights, safety devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required, no permit will be issued until the traffic plan is approved.

(3) Unless otherwise specified in adopted right-of-way use procedures, the current editions of the following standard manuals shall apply to the selection, location, and installation of required warning and safety devices; provided, that the city engineer may impose additional requirements if site conditions warrant such enhanced protection of pedestrian or vehicular traffic:

(a) Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Federal Highway Administration.

(b) Public Works Engineering and Construction Standards, city of Puyallup.

(4) If a flagger is required for any permit, the flagger shall be a licensed flag person, properly attired, or an off-duty Puyallup police officer for the purpose of traffic control during the construction. The use of police officers is mandatory for manual control of traffic at signalized intersections.

(5) Right-of-way users shall conduct and carry out their work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. Right-of-way users shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavations work, noise, dust and unsightly debris, and between the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the city engineer or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(6) All decisions of the city engineer shall be final in all matters pertaining to the number, type, location, installation, and maintenance of warning and safety devices in the public right-of-way during any actual work or activity in the right-of-way.

(7) Any failure of a right-of-way user to comply with the oral or written directives of the city engineer related to the number, type, location, installation, or maintenance of warning and safety devices in the public right-of-way, shall be handled as provided for in this chapter or in Chapters 1.02 and 1.03 PMC. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.140 Joint excavation.

(1) If an applicant submits a permit application to excavate for installation of its facilities, the city may request in writing that such applicant provide an opportunity to install city facilities within the excavation; provided, that:

(a) Such joint use shall not unreasonably delay the work of the applicant’s excavation; and

(b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties.

(2) To the extent reasonably possible, the applicant shall, at the direction of the city, cooperate with the city and provide other private utility companies with the opportunity to utilize joint or shared excavations in order to minimize disruption and damage to the right-of-way as well as to minimize traffic related impacts. In the event the city directs an applicant to utilize joint or shared excavations with another right-of-way user or applicant, then such applicant shall install facilities supplied by the city in such joint or shared excavations at no cost to the city for such installation if such applicant agrees that there is a commensurate cost savings to them. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.150 Additional ducts or conduits.

Any right-of-way user shall, upon written request of the city, provide the city with additional duct or conduit space over and above the conduit or conduits planned to be constructed for the right-of-way user in accordance with RCW 35.99.070. Such additional ducts or conduits shall be of a size and configuration specified by the city and shall be dedicated to the city. The city shall have the right to use the ducts and conduits for any purpose, including but not limited to leasing them to other persons. Except as otherwise applicable under RCW 35.99.070, or tariffs on file with the WUTC, the incremental costs of adding the specified ducts and conduits for the city shall be borne by the city. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.160 Undergrounding.

(1) Subject to and in accordance with any applicable rates and tariffs on file with the Washington Utilities and Trade Commission (WUTC), the right-of-way user shall cooperate with the city in promoting a policy of undergrounding facilities within the public right-of-way.

(2) If the city directs the right-of-way user to underground its facilities, such undergrounding shall be arranged and accomplished subject to and in accordance with applicable rates and tariffs on file with the WUTC (or such other regulatory agency having jurisdiction). In the event that the city undertakes any public improvement which would otherwise require in the discretion of the city engineer the relocation of the right-of-way user’s aboveground facilities, the city engineer may, by written notice to the right-of-way user, direct that any such facilities be converted to underground facilities. Any such conversion shall be done subject to and in accordance with applicable schedules and tariffs on file with the WUTC (or such other regulatory agency having jurisdiction).

(3) At the discretion of the city engineer new facilities or extensions of existing facilities installed within the city during the term of any permit or franchise shall be located underground to the extent technologically feasible. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.170 Relocation.

(1) The city engineer is authorized to require right-of-way users to remove, relocate, change or alter (collectively the “relocation work”) their facilities whenever reasonably necessary for:

(a) A public improvement; or

(b) The construction, repair, maintenance, or installation of any improvement in or upon the rights-of-way as required by development approval; or

(2) The city shall notify all right-of-way users as soon as practicable of the need for relocation and shall specify the date by which the relocation shall be completed.

(3) The right-of-way users shall complete the relocation by the date specified unless the city establishes a later date for completion.

(4) The right-of-way user shall complete the relocation work at no charge or expense to the city unless otherwise specified by law. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.180 Backfill.

(1) All pavement cuts, openings and excavations shall be properly made, backfilled, compacted, and temporarily surfaced by the right-of-way user according to city specifications. Temporary surfacing must be installed within 24 hours after the trench is backfilled or as directed by city engineer.

(2) The city engineer must be notified by the right-of-way user prior to the 48-hour period preceding beginning of backfilling of the date and approximate time at which backfilling will begin.

(3) Temporary patching shall be done by the right-of-way user, and it is the responsibility of the right-of-way user to maintain the temporary patch for a period not to exceed 30 days or until weather conditions permit placement of the permanent patch.

(4) If the city engineer finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another or where the equipment used may cause such damage, the city engineer may require an overlay or a negotiated contribution from the right-of-way user for the resurfacing in place of patching of such street if the total area of the proposed patch or probably damaged area exceeds 25 percent of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of any applicable permit. Such contributions shall be in addition to the standard permit fee.

(5) After excavation is commenced, the work to be performed under the permit shall be prosecuted with due diligence to completion.

(6) The top of any facility, excepting entrances thereto, shall not hereafter be placed less than 18 inches below the surface of a right-of-way unless approved by the city engineer. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.185 Restoration.

Upon completion of any construction, maintenance, repair or replacement work, the right-of-way user shall promptly repair any and all public and private property improvements, fixtures, structures and facilities in the public ways, other ways or city property or otherwise damaged during the course of construction, installation, maintenance, repair or replacement, restoring the same as nearly as practicable to its condition before the start of construction, installation, maintenance, repair or replacement. All restoration must be completed before the expiration of the right-of-way permit authorizing the underlying work unless another date is agreed to by the city engineer. All survey monuments disturbed or displaced shall be referenced and replaced as required by Chapter 332-120 WAC. The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. The city engineer shall have final approval of the completeness of all restoration work and all right-of-way users shall warrant said restoration work for a period of two years. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.190 Abandoned facilities.

(1) Where any right-of-way users’ facilities or portions of facilities are no longer needed, and their use is to be discontinued, the right-of-way user shall immediately report such facilities in writing to the city engineer. Deactivated facilities, or portions thereof, shall be completely removed within 90 days after notification to the city and the site, pole or infrastructure restored to its preexisting condition.

(2) Upon the expiration, termination, or revocation of the rights granted under a permit issued pursuant to this chapter, the right-of-way user shall remove all of its facilities from the rights-of-way within 90 days of receiving written notice from the city engineer. The facilities, in whole or in part, may not be abandoned or decommissioned by the right-of-way user in place without written approval by the city engineer, as stated in subsection (3) of this section. Any plan for abandonment or removal of the right-of-way user’s facilities must be first approved by the city engineer, and all necessary permits must be obtained prior to such work. The right-of-way user shall be solely responsible for all costs associated with removing its facilities.

(3) Notwithstanding subsection (2) of this section, the city may allow the right-of-way user’s facilities to be abandoned or decommissioned in place in such a manner as the city engineer may prescribe. Upon permanent abandonment or decommissioning, the right-of-way user must agree to such measures as the city engineer may impose which generally will include agreement to maintain ownership of the facilities, provide as-built plans for abandoned/decommissioned facilities, and provide a GIS shapefile, acceptable to the city, of the abandoned/decommissioned facility. The city may subsequently require the removal of the facility at the city’s sole discretion and at the owner’s sole expense. The city may choose to accept ownership and/or the proposal to abandon in place at the sole discretion of the city engineer. If the city chooses to accept ownership the right-of-way user shall submit to the city instruments for transferring ownership to the city.

(4) Except as provided for in subsection (3) of this section, facilities which are not removed within 180 days of either the date of termination or revocation of any applicable permits or the date the city issued a permit authorizing removal, whichever is later, shall become the property of the city at the city’s discretion. Any costs incurred by the city in safeguarding such facilities or removing the facilities shall be reimbursed by the right-of-way user. Nothing contained within this subsection (4) shall prevent the city from compelling the right-of-way user to remove any such facilities through judicial action when the city has not permitted the right-of-way user to abandon said facilities in place. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.200 Hazardous substances.

The right-of-way user shall not introduce or use any hazardous substances (chemical or waste) in violation of any applicable law or regulation, and the right-of-way user shall not allow any of its agents, contractors, or any person under its control to do the same. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.210 Utility locates.

Prior to doing any work in the rights-of-way, the right-of-way user shall follow established procedures, including contacting the Utility Notification Center in Washington, and comply with all applicable state statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the city or a third party, the right-of-way user shall promptly locate its facilities consistent with the requirements of Chapter 19.122 RCW. The right-of-way user shall provide enough detail to verify the vertical (depth) and horizontal location of its facilities. The city shall not be liable for any damages to the right-of-way user’s facilities or for interruptions in service to right-of-way user’s customers that are a direct result of the right-of-way user’s failure to locate its facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the city issued a permit. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.220 Moving of building(s) and/or equipment.

Right-of-way users shall upon seven days’ notice from the city engineer, disconnect or move their facilities to allow for the moving of building(s) and/or equipment across or along any such street, alley, or other public place; provided, that the advance notice may be reduced to 24 hours if the facilities are below the minimum clearance set by law or regulation or in the case of an emergency. If the right-of-way user believes that the facilities cannot be disconnected or moved within seven days due to complexity or amount of coordination with other right-of-way users, the city engineer will be notified as soon as possible, and the city engineer may approve an agreed upon timetable or an alternative to the disconnect or move may be established. The cost of the right-of-way user moving their facilities shall be borne as follows: (1) by the right-of-way user if the facilities are below the minimum vertical clearance required by state statutes, city ordinance, or rules of the city engineer, above the surface of the right-of-way, and no adjustment would be necessary if the minimum clearance had been maintained; and (2) by the person desiring to move the building(s) and/or equipment under other circumstances. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.230 Tree trimming.

Any right-of-way user required by state statute or regulation to trim or remove trees which may interfere with their facilities shall ensure that their tree trimming activities protect the appearance, integrity and health of the trees to the extent reasonably possible. The right-of-way user shall prepare and maintain a tree trimming schedule to ensure compliance with this provision and to avoid exigent circumstances where tree cutting, trimming or removal is necessary to protect the public safety or continuity of service without the regard for the appearance, integrity or health of the trees that planned maintenance would otherwise allow. The right-of-way user shall submit the schedule to the city engineer. Except where exigent circumstances do not permit, the right-of-way user shall give the owner of the property on which the trees are located at least five days’ advance written notice of the tree trimming. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.240 Revocation of permits.

(1) The city engineer may revoke or suspend any permit issued under this chapter whenever:

(a) The work does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other city ordinances, resolutions, or state law; or

(b) The city has been denied access to investigate and inspect how the right-of-way is being used; or

(d) The progress of the approved activity indicates that it is or will be inadequate to protect the public and adjoining property or the street or utilities in the street, or any excavation or fill endangers or will endanger the public, the adjoining property or street, or utilities in the street.

(2) Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the city engineer. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.250 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

(1) Whenever the city engineer determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to any provision of, this chapter or procedures adopted under this chapter or other applicable codes or standards, or without a right-of-way use permit, the city engineer may order the correction or discontinuance of such condition or any activity causing such condition.

(2) The city engineer is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this chapter.

(3) The city engineer shall also have all powers and remedies which may be available under state law, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any condition specified in this section.

(4) The city engineer is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the city engineer determines appropriate:

(a) Service of oral or written directives to the right-of-way user or other responsible person requesting immediate correction or discontinuance of the specified condition;

(b) Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within five days of notice, or such other reasonable period as the director or designee may determine;

(c) Revocation of previously granted permits where the right-of-way user or other responsible person has failed or refused to comply with requirements imposed or notices served;

(d) Issuance of an order to immediately stop work until authorization is received from the city to proceed with such work;

(e) Service of summons and complaint or service of a citation and notice to appear by a law enforcement officer upon the right-of-way user or other responsible person who is in violation of this chapter or other city ordinances.

(5) Any object which shall occupy any right-of-way without a permit is a nuisance. The city engineer may attach a notice to any such object stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the object may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object is a hazard to public safety, it may be removed summarily by the city. Notice of such removal shall be thereafter given to the owner, if known. This subsection shall not apply to motor vehicles.

(6) All expenses incurred by the city in abating any violation or condition shall constitute a civil debt owing to the city jointly and severally by such persons who have been given notice or who own the object or who placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt.

(7) The city shall also have all powers and remedies which may be available under law or ordinance, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any conditions specified by the city. (Ord. 3283 § 1 (Exh. A), 2023; Ord. 3248 § 2 (Exh. A), 2022).

11.05.260 Damage caused by right-of-way user.

If a right-of-way user’s facilities cause damage to the right-of-way, the right-of-way user shall promptly repair the right-of-way to the prior condition or condition required by law, if applicable. If the right-of-way user fails to do so, the city may repair the right-of-way at the right-of-way user’s sole cost and expense. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.270 Locating in unopened right-of-way.

Right-of-way users are prohibited from locating their facilities in unopened right-of-way unless advance written permission is received from the city. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.280 City attachments.

Subject to a right-of-way user’s consent (which shall not be unreasonably withheld, conditioned or delayed), the city may install and maintain city-owned overhead facilities, and city signs, on the facility within the right-of-way pursuant to mutual agreement entered into between the city and the right-of-way user. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.290 Third-party attachments.

Right-of-way users shall utilize all available means, including but not limited to contractual terms stemming from pole attachment agreements, to ensure that third-party attachments to right-of-way users’ poles are removed in a timely manner and do not impact any relocation, removal, undergrounding, or other timeline established by the city, whether for a public improvement project or other project type. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.300 Rights conferred subject to police power.

Any master permit or franchise granted to a right-of-way user under Chapter 11.32 PMC for the use of city streets shall include a provision wherein the right-of-way user by its acceptance thereof acknowledges that all rights conferred thereby are subject to the police power of the city to adopt and enforce general ordinances necessary for the safety and welfare of the people of the city; and that the right-of-way user agrees to comply with all such general ordinances insofar as applicable to it. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.310 Incorporation by reference.

The provisions of this chapter shall be incorporated by reference in a master permit or franchise granted to a right-of-way user under Chapter 11.32 PMC. However, in the event of any conflict between this chapter and the master permit or franchise, this chapter shall prevail unless the master permit or franchise remains unexpired and was entered into prior to the adoption of this code section, in which case the master permit or franchise shall be the prevailing document. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.320 Damage to right-of-way users’ facilities.

Unless directly and proximately caused by the sole negligence or malicious acts of the city, the city shall not be liable for any damage to or loss of any right-of-way user’s facility within the public ways of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind within the public ways by or on behalf of the city. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.330 Vacation.

If at any time the city, by ordinance, vacates all or any portion of the area affected by any agreement, permit, lease, or license, the city shall not be liable for any damages or loss to the right-of-way user by reason of such vacation. (Ord. 3283 § 1 (Exh. A), 2023).

11.05.340 Contractors and subcontractors.

A right-of-way user’s contractors and subcontractors shall be licensed and bonded in accordance with the city’s ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by a right-of-way user. The right-of-way user shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with applicable law. (Ord. 3283 § 1 (Exh. A), 2023).