HomeMy WebLinkAbout3018ORDINANCE NO. 3018
AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's curb and sidewalk construction requirements and right -of -way use
requirements, clarifying that streets or alleys may be closed permanently
only upon approval of the City Council, clarifying that unpermitted signs
or other objects within the right -of -way may be removed by the City
without notice and destroyed, eliminating an unused requirement for a
curb and sidewalk survey deposit, amending Ordinances 2166 and 2350,
as amended, repealing Ordinance 1402, and amending Chapters 11.08
and 11.12 and repealing Chapter 11.04 of the Port Angeles Municipal
Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.08.020, 11.08.030, 11.08.040,
11.08.050, 11.08.090, 11.08.110, and 11.08.300 to read as follows:
11.08.020 Permit - Required. It is unlawful for any person to perform any work in a
City right -of -way without first having obtained a permit therefor from the City
Engineer as provided in this Chapter.
11.08.030 Permit - Limitation. No application for a permit shall be received, nor shall
any permit be issued, other than to a licensed and bonded contractor of the State; provided, that if
all work to be done under a permit is outside the outer boundaries of a traveled and improved street,
highway, or avenue, and the fair market value of the work is equal to or less than
thirty -five hundred dollars, then a permit may be issued to other than a licensed and bonded
contractor.
11.08.040 Permit - Application.
A. A written application for the issuance of a permit shall be submitted to the City
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Boil ' ngineer, on a form and in a manner required by him.
B. At a minimum, the application shall state the name and address of the applicant,
the nature, location, and purpose of the work to be performed, the name of the person who will
perform the work, the date of commencement and date of completion of the work, and such other
data as may reasonably be required by the City Engineer .
C. The City Engineer may require that the application be accompanied by plans
and/or specifications showing the extent of the proposed work, the dimensions and elevations of the
existing ground prior to any excavation, and of the other proposed elevated surfaces, the location
of the work, and such other information as may reasonably be required by the City Engineer.
D. The application shall be accompanied by the permit and inspection fees required
by this Chapter.
11.08.050 Permit - Application Processing.
A. The City Engineer shall examine each application to determine if it complies
with the provisions of this Chapter. The City Engineer shall cause to be inspected the premises
which are desired to be used, or otherwise ascertain any facts which may aid in determining whether
a permit shall be granted.
B. If the City Engineer finds that the application conforms to the requirements of
this Chapter, and that the proposed work will not unduly interfere with the right of the public in the
right -of -way, he may :. :. ' . :: : grant the permit.
C. If an application is denied, the applicant may appeal the denial by the City
Building Official to the Director of Public Works. The director of Public Works shall review the
application, to ascertain that the denial is based upon nonconformance of the application with the
terms of this Chapter, and/or a determination that the proposed work will interfere with the rights
of the public in the right -of -way.
D. If the Director of Public Works upholds the denial of the permit, the applicant
may appeal the Director of Public Works' denial to the City Council. The City Council shall review
the application, on the same basis as the application was reviewed by the Director of the Department
of Public Works.
11.08.090 Performance Bond Required - Work in Excess of usandThirty -Five
Hundred Dollars. A permittee doing work whose fair market value is greater than two tfiettsand
thirty -five hundred dollars shall provide assurance to the City of completion of that work, by one
of the following methods:
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A. Furnishing a performance bond, approved as to surety by the City Manager and
as to form by the City Attorney, which bond shall be conditioned upon faithful completion of that
portion of the work performed pursuant to the permit which will require completion by the City
should the permittee or his contractor default. The amount of such bond shall be determined by the
City Engineer;
B. Furnishing to the City an assignment of a savings account, or the placing in trust,
of an amount determined by the City Engineer to be sufficient to assure completion of the work.
This savings account or trust shall be conditioned so that no amount may be removed therefrom
without prior written approval of the City, and shall further provide that, if the work is not performed
within the time limit set by the permit, or not done to the satisfaction of the City, then the City may
withdraw from the savings account or trust the amount necessary to complete the work.
11.08.110 Permittee - Liability Insurance Required.
A. Any permittee receiving a permit under the terms of this Chapter, the fair market
value of which is thirty -five hundred dollars or less, shall provide to the City
satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and
form determined by the City Engineer or City Attorney, but in no event providing coverage of less
than fifty thousand dollars for personal injury to any one person, one hundred thousand dollars for
injury to more than one person arising out of the same incident, and twenty thousand dollars for
property damage, against claims arising pursuant to permits issued pursuant to this Chapter. The
City shall further be provided with an endorsement to such policy, naming the City as an additional
insured.
B. Any permittee receiving a permit under the terms of this Chapter, the fair market
value of which is over two tket dthirty -five hundred dollars, shall provide to the City satisfactory
proof of the existence of a comprehensive liability insurance policy, in an amount and form
determined by the City Engineer or City Attorney, but in no event providing coverage of less than
two hundred thousand dollars for personal injury to any one person, five hundred thousand dollars
for injury to more than one person arising out of the same incident, and one hundred thousand
dollars for property damage, against claims arising pursuant to permits issued pursuant to this
Chapter. The City shall further be provided with an endorsement to such policy, naming the City
as an additional insured.
11.08.300 Backfilling - Requirements.
ontrolled density
backfill (CDF) material will be required in anv excavated area occurring in any portion of a paved
street or alley to within one (1) foot behind the curb or edge of paving. unless otherwise approved
in advance of construction by the City Engineer.
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Section 2. Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending PAMC 11.12.010, 11.12.020, 11.12.080,
11.12.090, 11.12.120, and 11.12.160 to read as follows:
11.12.010 Definitions. For the purpose of this Chapter, the following words have the
meaning designated herein unless the context indicates otherwise:
A. "City" means the City of Port Angeles.
B. "City Council" or "Council" means the City Council of the City of Port Angeles.
C. "Director of Public Works" means the Director of the Public Works and Utilities
Department of the City of Port Angeles or his authorized designee.
D. "Exhibition" means a display of goods or articles for a period of not less than
eleven (11) consecutive calendar days, open to the public, wherein not less than seven (7) persons
under the sponsorship of the applicant exhibit goods or articles and where any such goods or articles
are sold or offered for sale at retail or are displayed upon the public streets or rights -of -way of the
City. Examples of exhibitions are: Agricultural show, industrial show, sports show, trade show,
sidewalk sales, street fairs, public markets, carnivals, parades, demonstrations, running events, and
civic- sponsored events.
FE. "Permit" means a "Right-of-Way Use Permit" issued by the Department of Public
Works.
FF. "Planting strip" means that portion of the right -of -way, if any, between a street
and the adjacent sidewalk.
FIG. "Right-of-way" means the entire width between the boundary lines of every piece
of property designated as a public right -of -way, whether any portion of the right -of -way is used by
the public for either pedestrian or vehicular travel.
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EH. "Sidewalk" means that portion of the right -of -way, if any, which is designed for
pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise
be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian
travel.
II. "Street" means that portion of the right -of -way, if any, which is used for
vehicular travel, including alleys.
KJ. "Unopened right -of -way" means a right -of -way which is not used for either
pedestrian or vehicular travel.
11.12.020 Obstruction of Streets - Prohibited. Except as may be specifically provided
by this Chapter, it is unlawful to erect, maintain or allow to remain on any street in the City a
permanent or temporary structure or thing which in any way obstructs, hinders, jeopardizes, injures
or delays the use of the street for either vehicular or pedestrian travel; provided, that the City may
close any street or alley at any time;. The street or alley may be closed on a temporary basis when
the Director of Public Works, , the Chief of Police and/or the Fire
Chief determines such closure to be necessary to protect the public health, safety or welfare. A
street or alley may be closed permanently upon approval of the City Council.
11.12.080 Obstruction of Sidewalks and Planting Strips - Exceptions Without Permit.
Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions shall
be permitted on sidewalks or planting strips without a permit:
A. Merchandise being moved into or out of an adjacent business, provided that such
merchandise does not remain on the sidewalk or planting strip for more than thirtyininuteseight
hours;
B. Fire hydrants;
C. Planters and other landscaping placed by the City;
D. Benches and bicycle racks placed by the City;
E. Telephone, telegraph and light poles, placed either by the City or pursuant to
franchise granted by the City;
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F. Flagpoles or standards therefor placed by the City;
G. Traffic- control devices placed by the City;
H. Refuse containers and materials set out for refuse and recyclables collection,
either placed directly by the City, or where the location of the container is on a sidewalk or planting
strip as required by the City;
I. Newspaper dispensers or news racks;
J. Solicitation by civic or non -profit organizations;
K. Landscaping that is semipermanent in nature that can be removed from the
sidewalk area or planting strip at the expense of the owner upon notice by the City. Such
landscaping shall be less than thirty (30) inches above the established grade at the curb line or
roadway shoulder area. Such landscaping shall include fences that are less than thirty (30) inches
in height.
L. Street musicians, which are hereby permitted outright without any other permit
required to be obtained from the City; provided that normal public use of the right -of -way is not
interfered with and that the public safety is not impaired, as determined by the Director of Public
Works, the Chief of Police, or their respective designees.
M. Any other obstruction sought to be placed upon a sidewalk by the City for a
public purpose.
11.12.090 Obstruction of Sidewalks or Planting Strips - Permit Required.
Notwithstanding the provisions of Section 11.12.060 of this Chapter, the following obstructions of
sidewalks or planting strips may be permitted, if a permit therefor is obtained from the City under
this Chapter:
A. Benches;
B. Litter receptacles;
C. Clocks;
D. Bicycle racks placed by private parties;
E. Telephone booths;
F. Private planters and other landscaping higher than thirty (30) inches above the
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established grade at the curb line or roadway shoulder, including street trees planted in accordance
with City standards;
14G. Additions to the facades of buildings existing on the effective date of this
Chapter, which buildings are built up to the right -of -way line of the public street; provided that such
addition shall not exceed six inches in width;
fH. Sidewalk cafes, provided that such permit shall last for one calendar year and
must be renewed each year;
3I. Any other sidewalk or planting strip obstruction which is determined to provide
a public benefit, although the obstruction constitutes a private use of the public street;
lKJ. Fences, retaining walls, terracing, and other similar structures;
LK. Retail stands which are approved in accordance with PAMC Chapter
17.26. ,
1. Such permit shall last for
2. The cart may only scll f• ::
1, .. • : - . -- - . . - : .
Tic applicant hall maintain thc aaca in thc vieinity of his cart-free-of
5. Thcrc shall not be anoth
11.12.120 Application - Fee. The application, including applications for renewals, shall
be accompanied by the necessary application fe , -
as set forth in Chapter 3.70 PAMC.
11.12.160 Prohibited Obstructions - Declared Nuisance. All obstructions not in
conformance with the terms of this Chapter of the Port Angeles Municipal Code, are hereby declared
to be nuisances, and such obstructions may be abated in accordance with the procedures of Chapter
8.2804 of this Code, except that signs or other objects located within City right -of -way, which are
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not in conformance with the terms of this Chapter, may be removed by the City without notice and
destroyed.
Section 3. Ordinance 1402 and Chapter 11.04 of the Port Angeles Municipal Code are
hereby repealed.
Section 4 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 5 - Effective Date. This Ordinance shall take effect five days after the date of
publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 4th day of May, 1999.
ATTEST:
APPROVED AS TO FORM:
Craig D. tson, City Attorney
PUBLISHED: May 9, 1999
99.05
By Summary
8
�y
M` OR
Summary of Ordinance Adopted by the
Port Angeles City Council
on April 6, 1999
Ordinance No. 3018
This Ordinance of the City of Port Angeles, Washington, revises the City's curb
and sidewalk construction requirements and right -of -way use requirements,
clarifies that streets or alleys may be closed permanently only upon approval of the
City Council, clarifies that unpermitted signs or other objects within the right -of-
way may be removed by the City without notice and destroyed, eliminates an
unused requirement for a curb and sidewalk survey deposit, amends Ordinances
2166 and 2350, as amended, repeals Ordinance 1402, and amends Chapters 11.08
and 11.12 and repeals Chapter 11.04 of the Port Angeles Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be maile d
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days after the date of publication of this summary.
Becky J. Upton
City Clerk
Publish: May 9, 1999