Chapter 12.28
OBSTRUCTING PUBLIC RIGHT-OF-WAY
Sections:
12.28.020 Permit – Requirements.
12.28.030 Permit – Plan approval – Fees.
12.28.035 Permit – Plan approval – Fees for franchise utilities.
12.28.040 Permit – Time limitations.
12.28.050 Permit – Renewal fees.
12.28.060 Barriers and lights.
12.28.070 Notice to emergency services.
12.28.075 Application of chapter 15.06 SMC.
12.28.080 Merchandise and garbage containers on sidewalks.
12.28.090 Outdoor seating on sidewalks.
12.28.110 Liability insurance.
12.28.130 Violation – Penalty.
12.28.010 Permit – Required.
Except as allowed under SMC Title 18, no person, firm or corporation shall grade, pave, level, alter, construct, repair, remove or excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, water main or any other structure or improvement located over, under or upon any street, public place or right-of-way in the city of Sumner, or fill in, place, construct, leave or deposit over, under or upon any street, alley public place or right-of-way any structure, building material, earth, gravel, rock, garbage, debris or any other material or thing tending to obstruct, disturb or interfere with the free use thereof or cause a dangerous condition thereon, without first obtaining a permit in writing from the Sumner permit center so to do, and by paying such fees and acquiring bonds and insurance as are hereafter set forth, except that such permit shall not be required in the case of work which will be performed by the city of Sumner. Work done on the planting, care, and removal of street trees pursuant to chapter 12.42 SMC shall be exempt from this chapter. (Ord. 2355 § 3 (part), 2011: Ord. 1846 § 17, 1998: Ord. 774 § 1, 1965. Prior code § 8.19.010)
12.28.020 Permit – Requirements.
The permit shall require permittee to give the city engineer two working days’ notice prior to the commencement of such work in the form of a street obstruction notification, to carry on such work to the satisfaction of and subject to the approval of the city engineer, to diligently prosecute the same to completion, to leave the street in a good, clean and safe condition, to at all times keep signal lights or other proper warnings displayed sufficient to give anyone traveling upon said street, alley or public place such warning as may be necessary to prevent injury, and to comply with such additional provisions and conditions as may be prescribed by the city engineer. The day of the street obstruction notification submittal shall not be included in the two working days’ notification period. If the acts desired to be done require the disturbing of any improvement on said street, alley or other public place, the permit shall require the permittee to restore such improvement to its original and proper condition, and if the permittee shall fail to so do, the city engineer may cause the necessary restoration to be made at the expense of the permittee. (Ord. 2355 § 3 (part), 2011: Ord. 774 § 2, 1965. Prior code § 8.19.020)
12.28.030 Permit – Plan approval – Fees.
No permit shall be issued under the provisions of this chapter until plans for the proposed work have been submitted and approved by the public works department. Upon approval by the public works department, the permit shall be issued and charges made calculated as follows:
A. Base permit fee: $50.00.
B. Plan Review Fee.
• One hour x current engineer burdened rate (minimum);
• In-house plan review fee: Hours x current engineer burdened rate;
• Third-party review fees as billed to city, including city administrative costs.
C. Inspection Fee.
• Two hours x current inspector burdened rate (minimum);
• (([Frontage linear feet/100] x 4) + 10) x current inspector burdened rate;
• Additional inspection as warranted: number of hours x current staff burdened rate.
The total fee for permit approval shall be the sum of the above elements. Plan review fees shall be accrued until the construction plans are approved for construction. Accrued review fees shall be paid regardless of whether a permit is issued. Inspection fees shall be accrued until final project approval and shall be assessed to the permittee as they are accrued. Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule. (Ord. 2355 § 3 (part), 2011: Ord. 1416 § 2, 1988: Ord. 774 § 7, 1965. Prior code § 8.19.070)
12.28.035 Permit – Plan approval – Fees for franchise utilities.
No permit shall be issued under the provisions of this chapter for utility installation, maintenance, or repair covered by franchise until plans for the proposed work have been submitted and approved by the public works department. Upon approval by the public works department, the permit shall be issued and charges made, calculated as follows:
A. Base permit fee: $50.00.
B. Plan review fee: One hour x current engineer burdened rate.
C. Inspection Fee.
• One hour x current inspector burdened rate (minimum);
• Additional inspection fees as warranted: number of hours x current staff burdened rate.
The total fee for permit approval shall be the sum of the above elements. Burdened rates for city staff are actual salaries plus benefits with a 1.25 multiplier to cover indirect costs. City staff burdened rates are specified in the Sumner utility rate and fee schedule. (Ord. 2355 § 3 (part), 2011)
12.28.040 Permit – Time limitations.
Permit time limitations shall be as established in chapter 15.74 SMC. (Ord. 2355 § 3 (part), 2011)
12.28.050 Permit – Renewal fees.
Permit renewal fees shall be as specified in chapter 15.74 SMC. (Ord. 2355 § 3 (part), 2011)
12.28.060 Barriers and lights.
Any person who obstructs or makes dangerous any street, alley, sidewalk or public place shall erect and maintain around said portion of the street, alley, sidewalk or public place a good and sufficient barrier, and shall cause the same to be posted and during the nighttime to show sufficient amber lights to warn of the danger. All signing, lighting and barriers shall be approved by the city engineer or designee. (Ord. 2355 § 3 (part), 2011: Ord. 1328 § 1, 1986: Ord. 774 § 4, 1965. Prior code § 8.19.040. Formerly 12.28.040)
12.28.070 Notice to emergency services.
The city engineer shall notify, upon receipt of a street obstruction notification, all affected emergency service providers when the improved portion of any street commonly used as a thoroughfare is to be obstructed to vehicular traffic. (Ord. 2355 § 3 (part), 2011: Ord. 774 § 3, 1965. Prior code § 8.19.030. Formerly 12.28.050)
12.28.075 Application of chapter 15.06 SMC.
The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 2355 § 3 (part), 2011: Ord. 1782 § 5, 1996)
12.28.080 Merchandise and garbage containers on sidewalks.
A. It is unlawful for any person, firm or corporation to store, display, place or cause or suffer to be stored, displayed or placed any goods, wares, merchandise, or other articles or signs for purposes of sale, display, advertising or for any other purpose on any street, alley, curb or sidewalk, including the space between the sidewalk and the street, curb or property line, in the city, except while in the actual course of receipt or delivery thereof; provided, however, that the tenant or occupant of any ground floor room or store abutting upon a sidewalk may use and occupy such sidewalk for a distance of 24 inches immediately in front of the building line for the display of goods, wares and merchandise, and other articles; and provided further, where it is necessary to place garbage or trash containers upon a public sidewalk, alley or street to allow removal of such garbage and trash, such containers may be placed thereon for a reasonable period of time necessary for removal; and further excepting the use of the streets, alleys and sidewalks as may be otherwise specifically authorized by other city ordinances.
B. Any person, firm or corporation violating any of the provisions of this section shall upon conviction thereof be fined in any sum not to exceed $100.00. (Ord. 2355 § 3 (part), 2011: Ord. 765, 1964: Ord. 739, 1963: Ord. 400 §§ 1(a), 6 (part), 1933. Prior code §§ 8.20.015, 8.20.060 (part))
12.28.090 Outdoor seating on sidewalks.
Outdoor seating on public sidewalks is permitted, provided chapter 18.16 SMC requirements are met in addition to the following:
A. A minimum of five feet of sidewalk width shall remain unobstructed.
B. Any sidewalk proposed for outdoor seating use shall be separated from the vehicular way.
C. The applicant is the owner or occupant of the adjacent property and operates an espresso/coffee shop business or restaurant that is a conforming use in the zone. The outdoor seating area shall be located directly adjacent to its respective business.
D. Tables placed on the sidewalk shall have a minimum size of 24 inches in diameter for round shapes and 24 inches of depth or width for square and rectangular shapes.
E. All furniture related to the outdoor seating area shall be removed or pushed and stacked to one side of the sidewalk during the time the business is closed.
F. The city engineer may include conditions on the permit regarding business hours, number of tables and chairs, lighting, noise, and type of separation between pedestrians and customers.
G. The outdoor seating area shall be immediately cleared if ordered by city authorities for reasons of public health or safety. The management of the associated business may appeal the decision in writing to the city council within 15 days of the order.
H. A surety bond shall be posted and insurance provided for liability purposes.
I. Sidewalk shall be cleaned daily.
J. Sidewalk shall be returned to original conditions upon completion of use. (Ord. 2624 § 2, 2018: Ord. 2355 § 3 (part), 2011: Ord. 2198 § 1, 2007. Formerly 12.28.100)
12.28.100 Bond required.
A. Street Restoration Bond. No permit shall be issued under the provisions of this chapter for any disturbance of the right-of-way until the applicant therefor executes and delivers the city street restoration bond, or an assignment of funds in lieu of bond, in the sum of $5,000, or 120 percent of the cost of the project, whichever is greater, with surety approved by the city treasurer conditioned on the faithful performance of the provisions of this chapter. The bond shall be conditioned that the applicant acting under the permit shall restore said street, alley, public place or right-of-way to its former condition within the time specified by the city engineer or designee. Such bond shall further be conditioned to indemnify and hold harmless the city from any and all judgments, costs or expenses arising from injuries or damage to any person or property on account of such work. (Ord. 2355 § 3 (part), 2011: Ord. 1416 § 1, 1988: Ord. 1328 § 2, 1986: Ord. 774 § 5, 1965. Prior code § 8.19.050. Formerly 12.28.060)
12.28.110 Liability insurance.
All contractors performing work within any existing city right-of-way shall have a valid permit covering the work and shall be currently licensed and bonded with the state of Washington and the city during the course of the work.
In addition to required bonds, all permittees or their contractors shall maintain a liability policy for the duration of the permit in the amount of not less than $1,000,000 for bodily injury liability (for each occurrence) and for not less than $1,000,000 for property damage liability (for each occurrence). Such insurance shall include the CG 20 12 endorsement naming the city of Sumner, its officers and employees as specifically named additional insureds, and the project site address and city project/permit number shall be included in the project description. The permittee shall not reduce or cancel the liability policy without 30 days’ written prior notice to the city. Permittees shall present the city with a certificate of insurance before the city shall issue any permit.
See Sumner Development Specifications and Standard Details Chapter 1 for additional information regarding insurance requirements. (Ord. 2355 § 3 (part), 2011)
12.28.120 Inspection.
The city engineer or designee, if in his judgment the nature of the work shall be such as to require inspection on behalf of the city, either during the progress of the same or after the completion thereof, or both, may inspect the same and charge a reasonable sum therefor. (Ord. 2355 § 3 (part), 2011: Ord. 774 § 6, 1965. Prior code § 8.19.060. Formerly 12.28.070)
12.28.130 Violation – Penalty.
Any person, firm or corporation violating any provisions of this chapter, except SMC 12.28.080(B), shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 2355 § 3 (part), 2011: Ord. 1782 § 6, 1996: Ord. 1328 § 3, 1986: Ord. 774 § 8, 1965. Prior code § 8.19.080. Formerly 12.28.090)