ORD 1806 ORDINANCE NO.
AN ORDINANCE amending Chapter 12.12 0£ the
Camas Municipal Code by revising the regulations
relating to excavations and encroachments in the
public right-of-ways within the City.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
Section 12.12. Q10 of the Camas Municipal Code is amended to
provide as follows :
12.12. 010 - Permit - Required. It is unlawful for any person,
firm or corporation other than the City or its
authorized agent, to dig, break', excavate, use,
occupy, tunnel, undermine or in any way obstruct
or disturb any street, alley, sidewalk, highway,
thoroughfare or other public place, or to fill,
place, leave or deposit in or upon any such public
street, highway, alley, thoroughfare, sidewalk
or public place any article, material or thing
whatsoever tending to encroach upon or to obstruct,
disturb or interfere with the free use of the
same, or to place, erect or maintain any structure,
including curbs, gutters , sidewalks , driveways,
paving, valley gutters, or sidewalk fronting strips
in any City right-of-way, without first having
obtained an encroachment permit from the Director
of Public Works as hereinafter provided.
An encroachment permit will not; be required for
contractors performing work for the City, or for
any public utility with a franchise, or as specified
otherwise in Chapter 18 of this code. Permits
issued pursuant to this Chapter shall not be assign-
able to any other person, firm or corporation.
Section II
Section 12.12. 020 of the Camas Municipal Code is amended to
provide as follows:
12.12. 020 - Permit - Fee - Terms. The Director of Public
Works shall issue such permit only upon compliance
with the following terms and conditions and after
a fee of Twenty-five Dollars ( $25 . 00) shall have
been paid to the City Treasurer. In addition
to the initial permit fee, the applicant may be
required to pay an inspection fee based on the
schedule listed in Section 12.12. 080 of this chapter.
The party requesting such permit shall make application
therefor in writing on forms furnished by the
City. The permits required by this chapter shall
be secured at least forty-eight (48) hours prior
to the time the work under such permit is proposed
to commence except in emergency cases as 'approved
by the Director of Public Works. The applicant
if requested to do so by the Director of Public
Works, shall file with the Director a plan and
profile, which has been prepared by a professional
civil engineer licensed to practice in the State
Ordinance No. Page 2
of Washington showing the location ', and plan of
the work, obstruction or other thing desired to
be done or constructed, and the street, alley,
sidewalk or public place to be obstructed, together
with a full description of the nature of such work.
The Director of Public Works shall ', thereupon examine
such application and plan and if he shall approve
the same, may issue a permit therefor, which permit
shall require the replacing in its former condition
the portion of the street, alley, sidewalk, highway
or other public place which may be ', obstructed,
disturbed or affected in any way. ', Such permit
shall specify the location of the street, sidewalk,
alley, pavement, or public place in front of,
through, under, on or near which such acts are
to be performed or done, and the name of the street,
alley, sidewalk or other public place, together
with a description of the proposed '' work or acts
to be done under such permit, and the length of
time allowed for the completion thereof.
The permit shall expire thirty (30) calendar days
after the date of its issuance if no work has been
commenced on the project or if there is a thirty
(30) calendar day lapse in progress on the project
or, if work is pursued diligently, , at the time of
completion and acceptance of the work by the City,
but no longer than One Hundred Eighty (180 ) calendar
days after the date of issuance. If the permit has
been issued in conjunction with a building permit
issued by the City, said encroachment permit shall
expire at the same time the building permit expires .
The City, for good cause, may grant a written
extension of time to the permittee; which shall
extend the validity of such permit ',to the time
specified by the City.
The acts and works permitted under ',such permit
shall be at all times under the supervision and
control of the Director of Public Works, but at
the expense of the party procuring ',such permit,
and in case any such place referred to in this
chapter is disturbed in any way, the replacing
thereof in its former condition shall be at all
times subject to the direction of the Director
of Public Works , and the same shall be replaced
and restored to its former condition within the
time by him stated and specified. At this expiration
of the time fixed by such permit, or upon completion
of the work allowed to be done under such permit,
the Director of Public Works shall have the right
to do all work and things necessary to restore
such street, alley, sidewalk or, public place to
its original and proper condition and the party
obtaining the permit shall be liable for the expense
thereof; provided, that the City shall have a
cause of action for all of its expenses and amounts
paid out upon the work to be collected in a civil
action in any court of competent jurisdiction;
provided further, that nothing herein stated shall
affect in any way the duty of the one acting under
such permit to guarantee and maintain the permitted
work for one (1) year after approval of such work
by the City, or; in the event of repairs thereto,
Ordinance No. Page 3
one (1) year after the date of such repairs.
The permittee, upon notice from the City, shall
immediately repair any injury or damage to the
street occurring as a result of work done under
the permit. In the event such repairs are not
made by the permittee within forty-eight ( 48 )
hours after the notice, the City is hereby authorized
to make such repairs and charge all costs, plus
overhead and administration costs, to the permittee.
By acceptance of the permit, the permittee agrees
to comply with the provisions of this section.
Section III
Section 12.12.030 of the Camas Municipal Code is amended to
provide as follows:
12.12. 030 - Permit - Denial - Revocation. The City shall
have the right to refuse a permit to any person
who is in violation of this chapter or who has
failed to comply with the provisions of this chapter
in connection with the permit being applied for
or any permit previously issued.
The City, for non-compliance with any of the pro-
visions of this chapter, may revoke any permit
granted pursuant to this chapter.
Section IV
Section 12.12 . 040 of the Camas Municipal Code is amended to
provide as follows:
12.12. 040 - Bond - Deposit Required. As a condition of issuance
of said permit, permittee shall furnish to the
City a certificate of liabilityinsurance in an
amount to be fixed by the Director of Public Works,
approved by the City Attorney, conditioned that
the applicant for such permit will keep and save
harmless the City from any and all claims, liability,
judgments, costs, damages and expenses arising
from any acts which he may do or suffer to be
done under the permit, or which may be done by
any of his agents, servants, or employees or which
may arise from any negligence of himself, his
agents, servants, contractors or employees, or
any of them in obstructing or in any way disturbing
such street, alley, highway or other public place,
or by reason of the violation of any of the provisions
of this chapter. In addition thereto, a permittee
shall acquire and deliver to the City Clerk a
good and sufficient performance bond in an amount
equal to the cost of the proposed work. In lieu
of a performance bond, a permittee may execute a
pledge agreement and deposit cash or other collateral,
if satisfactory to the Director of Public Works,
to comply with the foregoing bond provisions.
Section V
Section 12.12.050 of the Camas Municipal Code is amended to
provide as follows :
Ordinance No. Page 4
12.12. 050 - Bond - Annual . Any person, firm or corporation
engaged in the business of laying sewers or any
kind of work which tends to obstruct the streets,
highways or public places, or which takes place
within the City' s right-of-way may, in lieu of
the certificate of liability insurance and bond
referred to in Section 12 .12. 040, execute and
file an annual insurance certificate and bond
in such amount as may be fixed by the Director
of Public Works and approved by the City Attorney,
conditioned as provided in Section 12 .12. 040 ;
provided, that whenever in the judgment of the
Director of Public Works the amount of such annual
bond becomes insufficient, a new or additional
bond may be required.
Section VI
Section 12 .12 .060 of the Camas Municipal Code is amended to
provide as follows :
12.12. 060 - Public Access - Emergency Access . The property
owner and/or permittee shall provide free and
unobstructed access during the course of construction
to all mailboxes, fire hydrants, valves, manholes,
drainage structures, and other public service
structures and property that may be required for
emergency. Any work that will create a deviation
from normal traffic patterns must be approved
by the City and the permittee will be required
to notify all emergency services of the requested
deviation. Said notification shall include the
start date and length of time the deviation can
be expected. Upon completion of the permitted
work, the permittee will be required to notify
all emergency services previously contacted that
the deviation no longer exists .
Section VII
Section 12.12. 070 of the Camas Municipal Code is amended to
provide as follows :
12.12. 070 - Barriers and Warning Lights . In case any public
street, alley, sidewalk, highway or public place
shall be dug up, excavated, undermined, disturbed
or obstructed, or any obstruction placed thereon,
the persons, firm or corporation causing the same
shall erect, and so long as the condition exists
and any danger may continue, maintain around the
portion of the street, sidewalk, alley, or other
public place, a good and substantial barrier,
and shall also cause to be maintained during every
night from sunset to daylight, at each end of
such obstruction, lighted lanterns showing a red
light or similar illumination devices as approved
by the Director of Public Works. In the event
the permittee shall fail to provide for the safety
of the public in the manner previously specified,
the City may provide whatever facilities are necessary
and charge the permittee a fee for the work involved.
Ordinance No. Page 5
Section VIII
Section 12 .12. 080 of the Camas Municipal Code is amended to
provide as follows :
12.12. 080 - Inspection. All work performed by the permittee
within the City' s right-of-way shall be inspected
by the City. The permittee shall notify the City
at least twenty-four (24) hours in advance to
perform the inspection. Inspections may be performed
periodically by the City without notice to, or
permission from the permittee to determine if
the construction conforms to appropriate standards .
The permittee will also be assessed charges for
performing said inspection( s) as stated in Section
12.12. 020 of this chapter. The fee will be based
on the following schedule:
a. The first $1,500. 00 of construction value
(as determined by the City), proposed will
be covered in the Twenty-five Dollar ( $25. 00)
permit fee submitted with the application.
b. For construction valued over $1,500. 00, the
applicant will be required to pay the Twenty-
five Dollar ($25. 00) application fee and two
and one-half (2' %) percent of the value of
the construction (as determined by the City) .
Section IX
Section 12.12. 090 of the Camas Municipal Code is amended to
provide as follows:
12.12. 090 - Violation - Penalty. Any person violating any
of the provisions of this chapter shall be guilty
of a misdemeanor and upon conviction thereof shall
be punished by a fine in any sum not to exceed
Five Hundred Dollars ( $500. 00 ) , or by imprisonment
in the city jail not to exceed One Hundred Eighty
(180 ) days, or by both such fine and imprisonment.
Section X
This ordinance shall take force and be in effect five (5)
days from and after its publication according to law.
PASSED by the Council and APPROVED by the Mayor this
day of April, 1991.
SIGNED• 4 Q AA SCJ QLJ
Mayor
ATTEST:
kF
APPR� ja form:
ICity Attorney