Chapter 12.70
STREET OCCUPANCIES
Sections:
12.70.020 Occupancy permit required.
12.70.030 Application – Information required.
12.70.040 Processing of application.
12.70.050 Indemnity deposit on approved applications for permit.
12.70.060 Indemnity to save the city harmless from claims.
12.70.070 Revocation of permits.
12.70.080 Issuance of permits.
12.70.010 Definitions.
A. “Building official” means the building official for the city of Sumner or designee;
B. “City attorney” means the city attorney for the city of Sumner or designee;
C. “Public works director” means the director of the city of Sumner public works department or designee;
D. “Street occupancy” whenever used in this chapter shall be held and construed to mean and include any surface, above surface and subsurface occupancy or use of any street or alley wherever located in the city of Sumner, and such subsurface use shall include any vault, bin, cellar, passageway, pipeline, tank, elevator, chute, or any other structure or improvement. (Ord. 2272 § 1 (part), 2008)
12.70.020 Occupancy permit required.
It is unlawful for anyone to use any public right-of-way for private purposes without a written permit from the city of Sumner and without complying with all of the provisions of this chapter in relation thereto; provided, that nothing herein contained shall apply to street maintenance work performed by the city of Sumner, utility installations covered by franchise, street or sewer installation and improvement work authorized by ordinance, or street improvement projects under contract with the city of Sumner. (Ord. 2272 § 1 (part), 2008)
12.70.030 Application – Information required.
Application for permits herein provided for shall be filed with the director of public works of the city of Sumner upon a form provided by public works, which application shall contain:
A. An accurate description of the public place or portion thereof desired to be used as herein specified;
B. The use desired to be made of such public place by the applicant;
C. The plans and specifications for any utility or structure desired to be constructed, erected, or maintained by the applicant in or on a public place; and
D. If the request is to construct an areaway, fuel opening, sidewalk elevator or door or other subsurface use of said right-of-way, a certificate of title or other document or indicia of title showing the applicant to be the owner of the premises abutting said public right-of-way where the said subsurface use or improvement is to be conducted or constructed. (Ord. 2272 § 1 (part), 2008)
12.70.040 Processing of application.
The director of public works shall cause each application to be examined to determine if it complies with the provisions of this chapter. Representatives of the city of Sumner shall inspect the premises which are desired to be used to determine whether or not the proposed use conforms with the provisions of this chapter. Any application for a permit to construct, erect, or maintain any building, structure, or use on or under the surface of the property shall ascertain if the plans and specifications conform to the regulations pertaining to safety, material, and design of the Sumner building code and zoning code. The building official shall then endorse his findings upon the application and transmit the same to the director of public works. If the director of public works determines that the application conforms to the requirements of this chapter and also that the proposed use of such public place will not unreasonably limit or encroach upon the public’s right to travel upon said right-of-way, or the ancillary right to occupy said right-of-way for utility purposes, the director of public works may approve the application. If approved, the director of public works shall fix the time for which the permit may be granted and shall cause to be issued a permit upon the applicant’s compliance as herein specified with the provisions of this chapter relating to indemnity of the city of Sumner. In approving said permit, the director of public works may impose such reasonable conditions as are required to meet the standards set forth in this chapter and to protect the paramount rights-of-way for travel and to protect the safety of the traveling public and other public purposes. (Ord. 2272 § 1 (part), 2008)
12.70.050 Indemnity deposit on approved applications for permit.
If the director of public works determines that there is a probability of expense to the city arising from the applicant’s proposed use of public right-of-way, the applicant shall deposit with the director of public works a cash deposit. The amount of the cash indemnity deposit shall be determined by the director of public works at the time of approving the application and shall be governed by the anticipated amount and extent of expense to the city as determined by the director of public works. Such indemnity deposit shall be used to pay the cost, plus 15 percent thereof, of inspections, surveys, plans and other services performed by the city, of: restoring the street, removing any earth or other debris from the street, replacing any utility interrupted or damaged, or completing any work left unfinished; drafting of an indemnity agreement with the city, if such an agreement is required within the permit; and any other expenses the city may sustain in conjunction with the permitted work. The balance of the cash indemnity deposit, if any, after the foregoing deductions, shall be returned to the applicant. If the indemnity deposit is insufficient, the applicant will be liable for the deficiency. If the director of public works determines that engineering studies must be made prior to the approval of any application for permit, the cost of such study shall be paid for by the applicant or deducted from his indemnity deposit. The director of public works may require the applicant to file with the city a surety bond approved as to surety and as to form by the city attorney, which bond shall run for the full period of said permit, in a sum to be determined by the director of public works, but not less than $2,000, and conditioned that such applicant shall faithfully maintain such installation in a safe and secure condition and shall faithfully comply with all the terms of the permit and all the provisions of this chapter and all other ordinances of the city of Sumner and shall faithfully perform the removal of, or reimburse the city for the cost of removing, such installation and restoring the right-of-way to the same or better condition as though such installation had not existed, upon the revocation or voluntary termination of said permit. (Ord. 2272 § 1 (part), 2008)
12.70.060 Indemnity to save the city harmless from claims.
The director of public works may require the applicant to file with the department of public works, prior to the effective date of such permit, a certified copy, together with evidence of premium payment, of a comprehensive general insurance policy in a form approved by the city attorney, issued by a company duly authorized to do business in the state of Washington. Said policy shall run for the duration of the permit. Coverage provided by the insurance policy shall include, but shall not be limited to, all of the usual coverages commonly referred to by the insurance industry as: operations liability products/completed operations liability and contractor’s protective liability blanket contractual liability. The insurance policy shall: (1) name the city of Sumner as an additional insured; (2) apply as primary insurance, regardless of any insurance which the city may carry; (3) include a “cross-liability” (severability of interest) clause; and (4) include limits of protection of not less than $500,000 combined single limit, bodily injury and property damage. It is to be understood and agreed that the obligation to permittee to hold harmless the city from claims for damages arising out of the operations related to the permit shall not be limited to the amount of insurance provided by the permittee. The insurance policy shall further contain a clause obligating the company issuing the same to give to the city attorney of the city of Sumner 30 days’ notice before the cancellation of said policy. If the application is for a permit to construct or maintain an areaway, fuel opening, sidewalk elevator or door, or to use or occupy the planting strip by erecting a bulkhead, steps, retaining wall, rockery, structure, or any facility therein, in addition to the foregoing comprehensive general insurance policy, the owner of the premises in front of which, and in connection with which, the same is to be constructed, erected, maintained, used, or occupied, and any existing lessee, sublessee, tenant, and/or subtenant using or occupying the basement of the premises in connection with which such structure is to be used, before the permit is issued, shall, in the manner provided by law for the execution of deeds, execute and deliver to the city of Sumner upon a form to be supplied by the director of public works, an agreement in writing, signed and acknowledged by such owners and by such existing lessee, sublessee, tenant, and/or subtenant, and containing an accurate legal description of said premises and a covenant on the part of such owner, lessee, sublessee, tenant, and/or subtenant, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants, and subtenants, forever to hold and save the city of Sumner free and harmless from any and all claims, actions, or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of the use of such public place, or of the construction, existence, maintenance, or use of such structure. If the application is for a permit to construct and maintain an areaway, such agreement shall also contain a covenant on the part of the persons or corporations executing the same, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants, and subtenants, assuming the duty of inspecting and maintaining all services, instrumentalities, and facilities installed in the areaway to be constructed or occupied under authority of such permit and assuming all liability for, and saving and holding the city of Sumner harmless from, any and all loss, damage, or injury that may result to his or their own person or property, or the person or property of another, by reason of such services, instrumentalities, or facilities. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon a 30-day notice, posted on the premises, or by publication in the official newspaper of the city of Sumner, or without such notice, in case the permitted use shall become dangerous, or such structures shall become insecure or unsafe, or shall not be constructed, maintained, or used in accordance with the provisions of this title, the same may be revoked and the structure and obstructions ordered removed at the expense of the grantee of the permit. Every such agreement shall be retained by the department of public works and the city clerk. (Ord. 2272 § 1 (part), 2008)
12.70.070 Revocation of permits.
All permits granted under the provisions of this chapter may, in any case, be revoked by the director of public works upon 30 days’ notice, or without notice in case any such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, maintained, or used in accordance with the provisions of this chapter. If any such structure, obstruction, use, or occupancy is not discontinued on notice to do so by the director of public works, the director of public works may forthwith remove such structure or obstruction from such place or make such repairs upon such structure or obstruction as may be necessary to render the same secure and safe, at the expense of the grantee of the permit or his successor, and such expense, together with the cost of its collection, may be collected in the manner provided by law. (Ord. 2272 § 1 (part), 2008)
12.70.075 Fees.
An application fee of $200.00 shall be applied to each permit to cover staff review and processing costs. (Ord. 2272 § 1 (part), 2008)
12.70.080 Issuance of permits.
Upon approval by the director of public works of an application for the use or occupation of a public right-of-way, the department of public works shall issue a permit therefor. The original permit shall remain in the custody of the city clerk and a copy shall be given to the grantee. (Ord. 2272 § 1 (part), 2008)