|
|
Chapter 13
STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES1Articles:
I. In General
II. Rights-of-Way
III. Public Places
IV. Vacation of Streets
V. Right-of-Way Activities
VI. Sidewalks
VII. Right-of-Way Vegetation
Article I.
IN GENERALSections:
13-1 – 13-25 Reserved.
13-1 – 13-25 Reserved.
Article II.
RIGHTS-OF-WAYSections:
13-26 Definitions.
13-27 Enforcement.
13-28 Permit required for improvement or use.
13-29 Review of application procedures.
13-30 Plans.
13-31 Survey.
13-32 Dedication.
13-33 Illegal subdivision.
13-34 Limited right-of-way use permit.
13-35 Extended right-of-way use permit.
13-36 Scope of permit.
13-37 Standards for driveways.
13-38 – 13-60 Reserved.
13-26 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director of public works shall include any person contracted with/by the city to perform the required reviews and services on behalf of the city.
Extended right-of-way use permit shall mean a permit authorizing the use of the city right-of-way for a designated purpose and for a period of time exceeding one year in duration.
Limited right-of-way use permit shall mean a permit authorizing the use of the city right-of-way for a designated purpose and for a period of time limited to one year or less. (Ord. No. 90-50, § 1, 4-3-90)
13-27 Enforcement.
The director of public works is authorized to enforce the provisions of this article, and any rules and regulations promulgated hereunder. (Ord. No. 90-50, § 8, 4-3-90)
13-28 Permit required for improvement or use.
City road right-of-way shall not be privately improved or used for access or other purposes and no development approval shall be issued which requires use of privately maintained city right-of-way unless a permit has been issued pursuant to this article, except for utility construction work otherwise authorized. This section shall not apply to driveway connections from private property to city road right-of-way. (Ord. No. 90-50, § 2(A), 4-3-90)
13-29 Review of application procedures.
(a) Upon receipt of an application for any right-of-way use permit, the city shall determine whether the proposed activity is within the city-owned right-of-way.
(b) The public works director shall review applications for compliance with applicable city plans, policies, regulations and standards. Prior to issuing a right-of-way use permit, the city shall determine and secure an appropriate bond as described in this article.
(c) The city shall, when feasible, consolidate right-of-way use permits with other development permits and when all requirements of this article are met, a separate right-of-way use permit shall not be required. In such cases, the fee for right-of-way use review shall be included with that development approval fee. (Ord. No. 90-50, § 2(B), 4-3-90)
13-30 Plans.
Detailed engineering and restoration plans and/or drainage plans may be required when considered necessary by the public works director. Costs for the development of such plans and conduct of required studies shall be borne by the permit applicant. (Ord. No. 90-50, § 3(A), 4-3-90)
13-31 Survey.
When considered necessary by the public works director to adequately define the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a state-licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act, RCW 58.09.010 et seq. (Ord. No. 90-50, § 3(B), 4-3-90)
13-32 Dedication.
A permit applicant may be required to dedicate additional right-of-way across property under such applicants’ authority when necessary to fulfill the minimum road right-of-way width prescribed by city standards in FWCC 22-1471 et seq. (Ord. No. 90-50, § 3(C), 4-3-90)
13-33 Illegal subdivision.
A permit shall not be issued to provide access to a lot or parcel created in violation of state and city subdivision regulations. (Ord. No. 90-50, § 3(D), 4-3-90)
13-34 Limited right-of-way use permit.
(a) Upon filing of a complete application, payment of the fee, and posting of the required bond for restoration of the right-of-way, the city may issue a limited right-of-way use permit authorizing the use of city road right-of-way, for use by designated private parties for a specific use and duration.
(b) The limited use permit may require construction and restoration of the right-of-way to adopted standards based on the nature and duration of the specific use, and subject to inspection. In addition, conditions may be imposed to assure the compliance with city plans, policies, standards and regulations. Such conditions may require performance in excess of adopted road standards.
(c) The permit applicant may be required to post bond payable to the city in amounts determined by the public works director based on current bonding requirements schedules in FWCC 22-146 et seq. which:
(1) Guarantee construction and maintenance of the roadway, drainage and retention/detention facilities in compliance with adopted standards; and
(2) Guarantee restoration of the right-of-way to a condition consistent with the right-of-way use permit including blocking of access to the right-of-way at the expiration of the permit period.
(d) The permit applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements to the city right-of-way during the period of time the permit is in effect.
(e) The permit applicant may apply for one extension for up to one year to the limited right-of-way use permit upon written application for an extension, payment of the fees, and being found to have fully complied with the conditions and requirements of the original permit. The application for extension may only be made after the first six months of the original permit life. (Ord. No. 90-50, § 4, 4-3-90)
13-35 Extended right-of-way use permit.
(a) Upon filing of a complete application and payment of fee, the public works director may issue a permit authorizing the use of the city right-of-way for a designated use which is revocable at the discretion of the city upon six months’ notice.
(b) The extended right-of-way use permit applicant may be required to construct a road to specific standards which may include full compliance with adopted city road standards, and may be required to post bonds for construction, restoration and maintenance. Construction work and all restoration work required by the permit shall be completed within one year of the permit’s issuance. In addition, the city may set conditions to assure compliance of the permit with other adopted plans, city policies and regulations.
(c) The department of public works shall place and maintain permanent signs denoting the end of the city-maintained road.
(d) The permit applicant shall have sole responsibility for the safe construction, operation and maintenance of any improvements to the city right-of-way pursuant to the permit, until such time as the improvements are officially accepted for maintenance by the city.
(e) The permit applicant may be required to record a covenant running with the land and for the benefit of the city, which contains:
(1) A legal description of the lot or parcel to be served by the right-of-way use permit, limited or extended;
(2) A statement indicating that access to such parcel is across an unmaintained city right-of-way, that the city is not responsible for maintenance of the right-of-way and that responsibility for maintenance of the road rests jointly and equitably upon all permit holders;
(3) A statement that the owner of the parcel will not oppose participation in a city road improvement district, if formation of such a district is deemed necessary by the city;
(4) A prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, a right-of-way use permit for the additional lots being created;
(5) A statement that the right-of-way use permit covenant is binding on the successors and assigns of the owner; and
(6) The acknowledged signature of the owner of such parcel. (Ord. No. 90-50, § 5, 4-3-90)
13-36 Scope of permit.
Permits issued pursuant to this article shall not be construed to convey any vested right or ownership interest in any city right-of-way. Every right-of-way use permit shall state on its face that any city right-of-way opened pursuant to this article shall be open to use by the general public except in those cases where specific conditions in a limited right-of-way use permit restrict the use of the right-of-way for safety reasons. (Ord. No. 90-50, § 6, 4-3-90)
13-37 Standards for driveways.
No driveway connection or other access from private property to a city road right-of-way shall be built or maintained which does not comply with the city road standards. (Ord. No. 90-50, § 7, 4-3-90)
13-38 – 13-60 Reserved.
Article III.
PUBLIC PLACESSections:
Division 1. Generally
13-61 – 13-70 Reserved.
Division 2. Smoking in City Buildings
13-71 Definitions.
13-72 Signs.
13-73 Prohibitions.
13-74 Penalties.
13-75 – 13-90 Reserved.
Division 1. Generally
13-61 – 13-70 Reserved.
Division 2. Smoking in City Buildings
13-71 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City building shall mean any building or portion thereof, owned or leased by the city and includes all areas of a building owned or leased by the city in its entirety, including but not limited to elevators, restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms and employee offices.
Smoke or smoking shall mean the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment. (Ord. No. 90-36, § 1, 2-20-90)
13-72 Signs.
The city shall post signs prohibiting smoking conspicuously at each city building entrance and in prominent locations throughout such buildings. (Ord. No. 90-36, § 2, 2-20-90)
13-73 Prohibitions.
(a) No person shall smoke in any city building.
(b) No person shall remove, deface or destroy any sign required by this division. (Ord. No. 90-36, § 3, 2-20-90)
13-74 Penalties.
(a) Any person violating the provisions of this division is subject to a civil fine of up to $100.00. Law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in Chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this division except that the provisions in Chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 and the provisions relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this division.
(b) Any penalty assessed and recovered in an action brought under this division shall be paid to the city. (Ord. No. 90-36, § 4, 2-20-90)
13-75 – 13-90 Reserved.
Article IV.
VACATION OF STREETSSections:
13-91 Definitions.
13-92 Right to petition.
13-93 Petition signatures – Number required.
13-94 Petition – Sufficiency of signatures.
13-95 Petition filing fee.
13-96 Withdrawal of petition.
13-97 Determination of date for hearing.
13-98 Notice of hearing – Petition method.
13-99 Notice of hearing – Resolution method – Additional notice.
13-100 Divestiture of jurisdiction to proceed.
13-101 Staff report – Recommendation.
13-102 Conduct of hearing – Basis for decision.
13-103 Action by council.
13-104 – 13-120 Reserved.
13-91 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Owner of an interest in real estate means the owners of fee title, mortgagors and contract vendees. (Ord. No. 91-107, § 1(13.1), 9-3-91)
13-92 Right to petition.
The owners of an interest in any real estate abutting upon any street or alley may petition the city council to vacate the street or alley, or any portion thereof, or the city council may itself initiate such vacation procedures by resolution. (Ord. No. 91-107, § 1(13.3), 9-3-91)
13-93 Petition signatures – Number required.
The petition authorized by this article shall describe the street or alley, or portion thereof, desired to be vacated and shall be signed by owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated. (Ord. No. 91-107, § 1(13.4), 9-3-91; Ord. No. 04-467, § 1, 10-19-04)
13-94 Petition – Sufficiency of signatures.
For the purpose of determining the sufficiency of signatures of owners of private property on the petition or consent to vacate, the following rules shall govern:
(1) In the case of mortgaged property, the signature of the mortgagor shall be sufficient.
(2) In the case of property subject to a contract of purchase, the signatures of the contract vendor and vendee shall be required.
(3) In the case of ownership by corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by a copy of the bylaws or the resolution, certified by the secretary of the corporation, granting such authority.
(4) In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. No. 91-107, § 1(13.2), 9-3-91)
13-95 Petition filing fee.
(a) The petition properly signed shall be filed with the city clerk upon payment of a filing fee, which shall be paid into the general fund of the city to aid in defraying of expenses incurred by the city in checking the sufficiency of such petition and investigating or reporting the facts. The amount of the fee shall be determined as per fee resolution, on file with the city clerk.
(b) If the filing and other applicable fees, computed on petitioner’s estimate, proves to be insufficient, the balance of the fee shall be paid by the petitioner prior to the issuance of any required public notices. (Ord. No. 91-107, § 1(13.5), 9-3-91)
13-96 Withdrawal of petition.
If a petition under this article is withdrawn at any time, the fee shall be calculated upon the costs of the actual work done to date on the street vacation processing, as reflected on the street vacation filing fee chart on file with the city clerk. (Ord. No. 91-107, § 1(13.7), 9-3-91)
13-97 Determination of date for hearing.
(a) Petition method. If signed by the owners of more than two-thirds of the property abutting the portion of the street or alley to be vacated, at a regular council meeting following the filing of such petition, the council, by resolution, shall fix a time when the petition will be heard and determined, which time shall not be more than 60 days nor less than 20 days after the date of passage of such resolution.
(b) Resolution method. In cases where vacation is initiated by city council resolution, the resolution shall include the date for a hearing on the vacation. (Ord. No. 91-107, § 1(13.6), 9-3-91)
13-98 Notice of hearing – Petition method.
(a) At least 20 days prior to the hearing on a petition for the vacation of a street under this article, the city clerk shall issue a written notice which shall be posted as follows:
(1) In three of the most public places in the city; and
(2) On a conspicuous place on a portion of the street or alley to be vacated.
The notice shall contain a statement that a petition requesting vacation has been filed or a resolution passed to vacate the portion described in the notice, along with a statement of the time and place set for the hearing on the matter.
(b) Notice of the public hearing will also be mailed to all property owners within 300 feet of the area to be vacated. Ownership shall be determined as shown on the rolls of the county assessor and mailed to the address shown thereon. (Ord. No. 91-107, § 1(13.8(A)), 9-3-91)
13-99 Notice of hearing – Resolution method – Additional notice.
In all cases where a proceeding is initiated under this article by city council resolution, in addition to the required notice, a similar notice shall be sent by mail at least 15 days before the hearing to each owner of any property abutting upon any part of the portion of the street or alley sought to be vacated. Ownership shall be determined as shown on the rolls of the county treasurer, and directed to the address shown thereon. (Ord. No. 91-107, § 1(13.8(B)), 9-3-91)
13-100 Divestiture of jurisdiction to proceed.
If 50 percent or more of the abutting property owners file written objections to the proposed vacation with the clerk, prior to the time of hearing, the city shall not proceed with the resolution. (Ord. No. 91-107, § 1(13.8(C)), 9-3-91)
13-101 Staff report – Recommendation.
Prior to the public hearing date, the city public works department shall prepare a staff report and recommendation on the petition to vacate the street. The staff report shall include comments from all affected city departments and other agencies including the fire department, water and sewer, police and utility agencies. The recommendation shall also include conditions or limitations the staff feels is necessary and proper to preserve any allowable use or benefit, to be imposed as a condition of granting the vacation application. The staff report shall be made available to all those persons entitled to notice pursuant to FWCC 13-98, at least 10 days prior to the hearing date. (Ord. No. 91-107, § 1(13.9), 9-3-91)
13-102 Conduct of hearing – Basis for decision.
A public hearing on a proposed street vacation shall be held before the city council. At the time of the hearing on the vacation, or at such time as the same may be continued by the city council, the matter shall be considered and those desiring to speak on the vacation shall be heard. Following the hearing, the council shall decide whether to grant or deny the petition for vacation. Such determination shall include, but not be limited to:
(1) Compliance with the following criteria:
a. The vacation provides a public benefit or is for a public benefit. The benefit may include economic or business support the community as a whole derives from the abutting property owner;
b. The street, alley or portion thereof is no longer required for public use;
c. The vacation does not abut a body of water, such as a river, lake, or salt water, except for a public purpose such as a park or port facility and which reverts to a public authority; and
(2) Consideration of the following criteria:
a. The vacation meets the intent of the city’s comprehensive plan’s general purposes and objectives;
b. The vacation provides for an exchange of public property in the public interest;
c. Whether conditions may so change in the future as to provide a greater use or need than presently exists;
d. Whether objections to the proposed vacation are made by owners of private property, exclusive of petitioners, abutting the same;
e. The vacation would not interfere with future development or access to other existing or future developments. (Ord. No. 91-107, § 1(13.10), 9-3-91)
13-103 Action by council.
If the city council shall determine to grant the street vacation or any part thereof, the council shall direct the city attorney to prepare an ordinance vacating the street or portion thereof, which such conditions or limitations as the council deems necessary and proper to preserve any desired public use or benefit, as follows:
(1) Easements. If the city council deems that to grant the vacation shall be to the public’s interest and advantage, the council may, by ordinance, vacate such street, alley or part thereof, reserving to the city or public utility, an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit.
(2) Rededication. If the council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may be granted only upon execution of a covenant running with such abutting land to rededicate such a portion upon declaration of public use and necessity by the council.
(3) Waterfront. The city shall not be authorized or have authority to vacate such street, or alley, or any parts thereof if any portion thereof abuts on any body of water unless such vacation is sought to enable the city to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes, or other public uses. This proviso shall not apply to industrial zoned property.
(4) Compensation. Following council determination to grant the street vacation, any ordinance granting a street vacation or portion thereof shall not be presented to council for passage until the petitioners have paid to the city an amount that does not exceed one-half the appraisal value of the area vacated, except when:
a. A property beneficial to the public, of equal or greater value is exchanged for the area to be vacated; or
b. If the street or alley has been part of a dedicated public right-of-way for 25 years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the street or alley to compensate the city in an amount that does not exceed the full appraised value of the area vacated.
Half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the city.
(5) Value determination. The value of the area to be vacated shall be determined by submittal of an appraisal of the subject property acceptable to the city. The city additionally reserves the right to obtain an independent appraisal or evaluation, which fees shall also be paid by the applicant.
(6) Recording. Upon its effective date, a certified copy of the ordinance granting vacation shall be recorded by the city clerk in the office of the county department of elections and records. (Ord. No. 91-107, § 1(13.11), 9-3-91; Ord. No. 04-467, § 1, 10-19-04)
13-104 – 13-120 Reserved.
Article V.
RIGHT-OF-WAY ACTIVITIESSections:
Division 1. Generally
13-121 Definitions.
13-122 Violations and penalties.
13-123 General conditions.
13-124 – 13-140 Reserved.
Division 2. Permit
13-141 Required.
13-142 Exemptions.
13-143 Application.
13-144 Fee.
13-145 Issuance.
13-146 Revocation.
13-147 Appeals.
13-148 Block party permits.
13-149 – 13-160 Reserved.
Division 1. Generally
13-121 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Activity includes, but is not limited to, parades, runs, walks, processions, marches, races, block parties, demonstrations, exhibitions or organized rallies of any kind which occur on a street, sidewalk or other public property and consisting of five or more persons or two or more vehicles.
Block party means an event organized for the immediate neighborhood that includes the use of a dead-end public street which has been approved by all neighbors who will have ingress and egress impaired. (Ord. No. 92-134, § 1(2), 4-21-92)
13-122 Violations and penalties.
(a) A person commits the offense of unlawful activity if the person organizes or participates in an activity on public rights-of-way in violation of this article.
(b) A person commits the offense of interfering with an activity if the person blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an activity on public right-of-way or its participants; except that a person may operate a vehicle that is not part of the activity between the vehicles or persons comprising an activity if directed to do so by a police officer.
(c) Any person violating or failing to comply with any of the provisions of this article may be punished by a fine of not more than $5,000 or imprisoned for not more than six months, or both, for each day or part of a day during which the unlawful act or violation occurs. The person may also be ordered to discontinue the unlawful act or correct the violation.
(d) Any person who fails to comply with the provisions of this article is, in addition to any criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the day that the violation continues.
(e) Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this article. (Ord. No. 92-134, § 6, 4-21-92)
13-123 General conditions.
The following conditions shall be applicable to any activity permitted under this article:
(1) Participants shall yield the right-of-way to vehicular traffic, unless directed otherwise by a police officer or other traffic control official.
(2) The activity will be conducted in such a manner that will ensure the safety of the participants and spectators.
(3) The applicant shall be responsible for cleanup of areas and removal of all paraphernalia and debris resulting from this activity, and will assume responsibility for any damage resulting from activity.
(4) All applicants for a permit under this article shall provide general liability insurance with a minimum coverage of $5,000 and naming the city as an additional insured for this activity. A certificate for this coverage must be on file prior to the activity. The sponsor shall hold harmless the city, its officers, agents, and employees from any claim, demand, action or judgement for property damage, personal injury or death arising from this activity.
(5) The activity will be conducted in such a manner that will ensure the safety of the participants.
(6) The city permit is only valid for that portion of the activity which occurs within the municipal boundary, excluding state right-of-way.
(7) Permits issued pursuant to this article shall not be transferable by the applicant to any other person. (Ord. No. 92-134, § 3, 4-21-92)
13-124 – 13-140 Reserved.
Division 2. Permit
13-141 Required.
It shall be unlawful for any person to organize or participate in an activity on a public right-of-way in this city without first having been issued a proper and current right-of-way activity permit. (Ord. No. 92-134, § 1(1), 4-21-92)
13-142 Exemptions.
(a) Funeral processions. A funeral procession shall be exempt from obtaining a permit under this division.
(1) The procession shall proceed to the place of interment by the most direct route which is both lawful and practicable.
(2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes.
(3) All motor vehicles in the procession shall be operated with their lights turned on.
(b) Exemption from fee. The following shall be required to obtain a permit, but shall not be required to pay the applicant fee:
(1) Nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations.
(2) Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire insurance associations, beneficiary corporations or societies organized under and existing by virtue of RCW 24.16.010 and 24.16.140, inclusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100.
(3) Any business or activity which is exempt from payment of such fees as prescribed by this division by virtue of applicable provisions of the federal or state Constitution, or applicable federal or state statutes shall be exempt from the application payment requirement of this division.
(4) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings. (Ord. No. 92-134, § 4, 4-21-92)
13-143 Application.
Every person required to procure a permit under any ordinance or any provision of this Code shall submit an application for such permit to the city clerk. The application shall be submitted to the city clerk at least 30 days prior to the intended date of the activity, unless the time is waived by the city manager. The application for the permit shall be made to the city clerk, on forms provided by such officer, which application shall include, at a minimum, the following information:
(1) Name and address of the person responsible for the proposed activity.
(2) Date of proposed activity.
(3) Desired route, including assembling points.
(4) Number of persons, vehicles, and/or animals that will be participating in activity.
(5) Proposed start and end time.
(6) Name and policy number of insurance company.
(7) Applicant’s previous experience with this type of activity.
(8) Name, address and telephone number of activity coordinator and name, address and telephone number of alternate contact.
(9) Traffic and activity control plan.
(10) Such other information as may be required by the city clerk for efficient administration of this article. (Ord. No. 92-134, § 1(3)(a), 4-21-92)
13-144 Fee.
(a) A nonrefundable permit fee shall accompany all applications under this division, unless the applicant is exempt pursuant to FWCC 13-102.
(b) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as approval by the city clerk for the issuance of the permit. (Ord. No. 92-134, § 1(3)(b), (c), 4-21-92)
13-145 Issuance.
(a) The city clerk shall issue permits in the name of the city to all persons qualified under the provisions of this division and shall:
(1) Adopt all forms and prescribe the information required to implement this article.
(2) Submit all applications to the public works department, fire department and police department for their endorsements as to compliance by the applicant with all city or other regulations which they have the duty of enforcing.
(b) A permit shall be granted under the following conditions:
(1) The activity can be conducted without endangering public safety;
(2) The activity can be conducted without seriously inconveniencing the general public;
(3) There is sufficient public safety personnel, if it is determined that it is necessary to monitor or direct participants, observers or the general public, to facilitate the safe and orderly conduct of the activity; and
upon payment, by the applicant, for the required public safety personnel, as may be deemed appropriate by the city manager.
(c) If the police chief, fire chief or public works director determines that the activity cannot meet the requirements of this division, the city clerk may:
(1) Propose an alternate route.
(2) Propose an alternate date.
(3) Propose an alternate time.
(4) Propose modifications to make the activity acceptable.
(5) Notify any applicant of the approval or denial of this application and shall, upon denial of any permit, state in writing the reason therefor, the process for appeal thereof and deliver it to the applicant.
(6) Deny any application for permit upon written findings that the granting would be detrimental to public peace, health or welfare, or that such application for a permit is not in compliance with any applicable city regulations.
(d) When any such registration is denied, the applicant may appeal such decision pursuant to the process described in FWCC 13-107. (Ord. No. 92-134, § 1(4), 4-21-92)
13-146 Revocation.
The city clerk may revoke a permit if circumstances reasonably show that the activity can no longer be conducted consistent with public safety. (Ord. No. 92-134, § 1(5), 4-21-92)
13-147 Appeals.
(a) Appeal period. An applicant for a permit under this division shall appeal the decision for revocation or denial of such permit within 10 days of receipt of the notice of such revocation or denial by filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal from the applicant, a hearing shall be held thereon before a hearing examiner designated by the city. Notice of the hearing shall be given to the appellant at least 10 days prior to the hearing. At such hearing the appellant shall be entitled to be heard and introduce evidence on his or her own behalf.
(b) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the applicant shall be notified in writing. The decision of the hearing examiner is final unless appealed within 14 days to the city council by filing such notice of appeal with the city clerk within the required time period.
(c) Appeal to city council. The city council shall hear the appeal to the hearing examiner decision within 30 days of the filing of notice of appeal. The city council may adopt, modify or reverse the decision of the hearing examiner. The decision of the city council shall be final unless appealed by writ of certiori to the superior court within 10 days of the council decision. (Ord. No. 92-134, § 5, 4-21-92)
13-148 Block party permits.
The basic conditions for issuance of permit for block party include:
(1) There shall be a designated neighborhood representative who will be responsible for meeting the city, police and fire conditions.
(2) The street will be closed by use of barricades or other approved devices which are portable and easily removed.
(3) The street will be closed except for an emergency lane of at least 12 feet wide, free and clear of obstructions, for emergency vehicle use.
(4) The street will be closed except for at least 150 feet from the end of any cul-de-sac. (Ord. No. 92-134, § 3(8), 4-21-92)
13-149 – 13-160 Reserved.
Article VI.
SIDEWALKSSections:
13-161 Definitions.
13-162 – 13-170 Reserved.
13-171 Repair, reconstruction, construction and maintenance of sidewalks – Responsibility of abutting property owners and occupants.
13-172 – 13-177 Reserved.
13-178 Application – Permits.
13-179 Violations deemed misdemeanor.
13-180 Violations deemed nuisance.
13-181 Civil enforcement (sidewalks).
13-182 – 13-184 Reserved.
13-185 Ancillary legislation.
13-186 – 13-200 Reserved.
13-161 Definitions.
For the purpose of this article and unless the context plainly requires otherwise, the following terms shall have the following meanings:
(1) Abutting property means all property having a frontage upon the sides or margins of any public right-of-way.
(2) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians.
(3) City means the city of Federal Way, a Washington municipal corporation.
(4) City council means the city of Federal Way council acting in its official capacity.
(5) Director means the director of the city of Federal Way public works department or his or her designee.
(6) FWCC means the Federal Way City Code adopted by the city council.
(7) Maintenance means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks.
(8) Occupant means a person who is occupying, controlling or possessing real property, or his or her agent or representative.
(9) Owner means a person who has legal or equitable title to real property, or his or her agent or representative.
(10) Person means a person, firm, association, partnership, corporation or individual.
(11) Public right-of-way means the land owned, dedicated or conveyed to the public or a unit of government, providing for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting property, the location of utility lines, driveways, appurtenances and other facilities benefitting the public.
(12) Sidewalk means all hard-surfaced walkways within public rights-of-way in the area between the street margin and the roadway, including driveways.
(13) Street means any street, road, boulevard, avenue, alley, lane, way or place, or any portion thereof. (Ord. No. 93-188, § 1, 9-21-93)
13-162 – 13-170 Reserved.
13-171 Repair, reconstruction, construction and maintenance of sidewalks – Responsibility of abutting property owners and occupants.
In the event an abutting property owner or occupant causes any damage to a sidewalk by his or her act, error or omission, including without limitation the planting of any tree or other vegetation on his or her abutting property, then the duty, burden and expense of all necessary maintenance, repair, reconstruction and/or construction of a sidewalk necessary in the city’s determination as a result of such damage, shall be the responsibility of such abutting property owner or occupant. (Ord. No. 93-188, § 1, 9-21-93)
13-172 – 13-177 Reserved.
13-178 Application – Permits.
Any person who is required to perform any repair, construction or reconstruction of a sidewalk shall submit a right-of-way application to the city and obtain a right-of-way permit prior to commencing any work; provided, however, that owners and occupants of abutting property may perform all maintenance activities and remove obstructions and debris, other than sidewalk repair, construction or reconstruction, from any sidewalk without obtaining a permit; provided, further that the city and its employees, agents and representatives may perform such work without obtaining a permit. The city will not charge permit fees for any right-of-way permits issued pursuant to this article. (Ord. No. 93-188, § 1, 9-21-93)
13-179 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, which results in a hazard to the public health, safety and welfare, is guilty of a misdemeanor and shall be punished as provided by law. Each day any sidewalk is permitted to remain in a hazardous condition shall be considered and shall constitute a separate violation. (Ord. No. 93-188, § 1, 9-21-93)
13-180 Violations deemed nuisance.
The violation or failure to comply with the provisions of this article shall be considered a nuisance. Any person failing to abate the nuisance within 10 days of service of the notice of violation shall be subject to a fine of up to $250.00 for each offense. Each day a person fails to abate such nuisance after notice shall constitute a separate offense. (Ord. No. 93-188, § 1, 9-21-93)
13-181 Civil enforcement (sidewalks).
Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, § 4, 5-4-99)
13-182 – 13-184 Reserved.
13-185 Ancillary legislation.
This article shall not be construed as repealing or amending any provision relating to the improvements of public rights-of-way by special assessments, commonly known as local improvement districts, but shall be considered as additional legislation and ancillary thereto. (Ord. No. 93-188, § 1, 9-21-93)
13-186 – 13-200 Reserved.
Article VII.
RIGHT-OF-WAY VEGETATIONSections:
13-201 Purpose.
13-202 Definitions.
13-203 – 13-220 Reserved.
13-221 Application permits required.
13-222 Criteria.
13-223 Reserved.
13-224 Public notice – Director’s decision.
13-225 Illegal vegetation.
13-226 Emergency.
13-227 Interference.
13-228 – 13-244 Reserved.
13-245 Vegetation replacement.
13-246 Abuse or mutilation of vegetation prohibited.
13-247 Topping.
13-248 Tree-root damage – Liability.
13-249, 13-250 Reserved.
13-251 Violations deemed misdemeanor.
13-252 Violations deemed nuisance.
13-253 Civil enforcement (right-of-way vegetation).
13-254 – 13-256 Reserved.
13-201 Purpose.
This article shall be interpreted and implemented in a manner to:
(1) Facilitate the planting, maintenance, restoration, replacement, and survival of desirable trees, shrubs, and groundcover within public rights-of-way;
(2) Protect the public from personal injury and property damage caused or threatened by the improper planting, maintenance, or removal of vegetation;
(3) Promote the use of drought tolerant vegetation and the reduction in the use of irrigation systems; and
(4) Provide a process for the enhancement of views so long as such private view enhancement is not detrimental to the general public interest. (Ord. No. 93-187, § 1, 9-21-93)
13-202 Definitions.
For purposes of this article and unless the context clearly requires otherwise, the following terms have the following meanings:
(1) Abutting property means all property having a frontage upon the sides or margins of any public right-of-way.
(2) Applicant means any person filing a right-of-way permit application.
(3) City means the city of Federal Way, a Washington municipal corporation.
(4) City council means the city of Federal Way council acting in its official capacity.
(5) Curb means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular area of the public right-of-way from the area provided for pedestrians.
(6) Director means the director of the city’s public works department or his or her designee.
(7) Emergency means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, without limitation, fallen branches or fallen trees within public rights-of-way, or damage to vegetation from natural consequences, such as storms, earthquakes, riots or wars.
(8) FWCC means the Federal Way City Code adopted by the city council.
(9) Maintain or maintenance means mowing, trimming, pruning (but not including topping or tree removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation plan.
(10) Occupant means a person who is occupying, controlling or possessing real property, or his or her agent or representative.
(11) Owner means a person who has legal or equitable title to real property, or his or her agent or representative.
(12) Person means a person, firm, association, partnership, corporation or individual.
(13) Public right-of-way means the land owned, dedicated or conveyed to the public or a unit of government, providing for the movement of vehicles, wheelchair and pedestrian traffic, access to abutting property, the location of utility lines, appurtenances and other facilities benefitting the public.
(14) Removal means the act of cutting down or removing any vegetation, or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation.
(15) Replacement vegetation means vegetation of equal species, size, quality and number to that which has been removed in conformance with the right-of-way vegetation plan.
(16) Right-of-way vegetation plan means the plan adopted by the city containing the standards and specifications which prescribe the vegetation to be planted, maintained, preserved, or replaced within the city’s public rights-of-way, the methods for planting, trimming, pruning and other maintenance activities, and the overall planting plan for the city.
(17) Sidewalk means that property between the curb and the abutting property, set aside and intended for the primary use of pedestrians but may include mixed uses such as pedestrians and bicyclists, improved by paving with cement concrete or asphaltic concrete, including all driveways.
(18) Street means any street, road, boulevard, alley, lane, way or place, or any portion thereof.
(19) Street trees means any trees located on any street or public right-of-way.
(20) Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the street tree, and reduces the height.
(21) Vegetation means all trees, plants, shrubs, groundcover, grass, and other vegetation. (Ord. No. 93-187, § 1, 9-21-93)
13-203 – 13-220 Reserved.
13-221 Application permits required.
Any person wishing to perform any vegetation work in a public right-of-way must file a right-of-way application with the city and obtain a right-of-way permit prior to commencing any work; provided, however, that owners or occupants of abutting property may maintain such property other than plant replacement without obtaining a permit; provided, further that the city and its employees, agents and representatives may perform such work without obtaining a permit. Permit fees will not be charged in connection with right-of-way applications made pursuant to this article except for applications requiring public notice under FWCC 13-224. (Ord. No. 93-187, § 1, 9-21-93)
13-222 Criteria.
The director may grant any vegetation permit application submitted pursuant to FWCC 13-221, if he or she finds all of the following criteria exist:
(1) The proposed vegetation work is consistent with achieving the purposes of this article pursuant to FWCC 13-201;
(2) The proposed work is consistent with the city’s comprehensive plan;
(3) The proposed work is consistent with the city’s intended use of the public right-of-way;
(4) The proposed work is consistent with the FWCC, the right-of-way vegetation plan and all other applicable statutes, laws, rules, policies, and regulations;
(5) The granting of the permit will not constitute a grant of a special privilege;
(6) If the proposed work is located within a designated environmentally sensitive area, all necessary environmental and sensitive area approvals have been granted pursuant to Chapter 18 FWCC, the State Environmental Policy Act as adopted by the city, and all other applicable environmental regulations, as now existing or hereafter amended or adopted;
(7) The granting of the permit will not be materially detrimental to the public welfare or injurious to property or improvements located in the area surrounding the abutting property; and
(8) The proposed vegetation work is consistent with the character of the neighborhood. (Ord. No. 93-187, § 1, 9-21-93)
13-223 Reserved.
13-224 Public notice – Director’s decision.
(a) General. The director shall distribute, by regular mail, a public notice of any vegetation right-of-way permit application to persons receiving the property tax statements for all property within 100 feet of the affected vegetation, whenever such application covers the removal or significant pruning of vegetation that is four inches in diameter measured at four and one-half feet above the ground; provided, however, that such public notice shall not be required for applications covering red alder, cottonwood, poplar, big leaf maple, or willow trees regardless of the tree size.
(b) Contents. The public notice shall contain the following information:
(1) The name of the applicant;
(2) The street address of the abutting property which is adjacent to the affected vegetation, or if this is not available, a locational description other than a legal description. The notice must also include a vicinity map that identifies the location of the vegetation;
(3) A citation of this article of the FWCC;
(4) A brief description of the proposed vegetation work;
(5) A statement of availability of the official file;
(6) A statement of the right of any person to submit written comments to the director; and
(7) A statement that only persons who submit written comments to the director within 14 calendar days from the date of the notice may appeal the director’s decision.
The director shall attach a proposed vegetation restoration plan to the public notice providing for the replacement or restoration of the vegetation which is proposed to be removed pursuant to the application.
(c) Decision. The director shall issue a written decision to either grant or deny the application and shall attach a final vegetation restoration plan to such decision. The director shall use the decisional criteria set forth in this article and shall consider all public comments in deciding upon the application. The director shall issue the decision within 14 calendar days after the close of the time period for public comments. The director shall include in the written decision any restrictions and conditions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. The content of the director’s decision and the distribution thereof shall comply with the requirements of FWCC 22-394. (Ord. No. 93-187, § 1, 9-21-93)
13-225 Illegal vegetation.
No illegal or illegally manufactured, collected or delivered vegetation, as codified by the Revised Code of Washington or other applicable laws, rules and regulations, as now existing or hereafter adopted or amended, or carrying harmful diseases, such as worms, insects, caterpillars, or larvae shall be permitted within the city. (Ord. No. 93-187, § 1, 9-21-93)
13-226 Emergency.
In the event of an emergency, any person may take all reasonably necessary actions involving the maintenance, removal or cutting of any vegetation or street tree in order to prevent injury to persons or damage to property without prior permit approval. The director must be notified in a written report within three working days as to the nature and location of the emergency, and the action taken by the person. (Ord. No. 93-187, § 1, 9-21-93)
13-227 Interference.
It shall be unlawful for any person to prevent, delay or interfere with the city in designing, planting, maintaining, treating, cultivating, mulching, or removing any vegetation, or any other activity authorized by this article or other applicable law. (Ord. No. 93-187, § 1, 9-21-93)
13-228 – 13-244 Reserved.
13-245 Vegetation replacement.
No person shall remove or plant vegetation within a public right-of-way without replacing the removed vegetation in accordance with the right-of-way vegetation plan. The replacement vegetation shall be equivalent in number, size, quality, species, and placement as the removed vegetation, unless otherwise approved by the director. An exemption from the requirements of this section may be granted by the director if he or she finds that the proposed exemption is consistent with the criteria set forth in FWCC 13-222. The cost of such removal and replacement shall be borne by the person removing or causing the removal of such vegetation. (Ord. No. 93-187, § 1, 9-21-93)
13-246 Abuse or mutilation of vegetation prohibited.
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-of-way or other public place, or attach any rope or wire (other than used to support a young or broken tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of such vegetation; provided, however, that nothing in this section shall preclude either the owner or the occupant from removing or maintaining such vegetation as required by FWCC 13-242. (Ord. No. 93-187, § 1, 9-21-93)
13-247 Topping.
No person may top any street tree located in public rights-of-way. The director may exempt the city and other persons from the provisions of this section when the street tree to be topped has been severely damaged by storms or other natural causes, or the street tree is located under utility wires or other obstructions where other pruning practices are impractical, or where the topping is necessary to preserve the public safety and welfare. (Ord. No. 93-187, § 1, 9-21-93)
13-248 Tree-root damage – Liability.
Any person who owns any tree or vegetation within private property, the roots of which cause injury to the public right-of-way or other public place, including without limitation, damage to utilities located in the public right-of-way, sidewalks, or paved areas, shall be liable for any damage to public rights-of-way, or other public places, or utilities located therein by said trees or vegetation. (Ord. No. 93-187, § 1, 9-21-93)
13-249, 13-250 Reserved.
13-251 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, which results in a hazard to the public health, safety and welfare is guilty of a misdemeanor and shall be punished as provided by law. Damage to each item of vegetation shall be deemed a separate violation. The value of damaged vegetation shall be calculated pursuant to the International Society of Arboriculture Tree Replacement Guide. (Ord. No. 93-187, § 1, 9-21-93)
13-252 Violations deemed nuisance.
The violation or failure to comply with the provisions of this article shall be considered a nuisance. Any person failing to abate the nuisance within the time period specified by the director’s notice shall be subject to a fine of up to $250.00 for each offense. Each day any person fails to abate such nuisance after notice shall constitute a separate violation. (Ord. No. 93-187, § 1, 9-21-93)
13-253 Civil enforcement (right-of-way vegetation).
Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, § 4, 5-4-99)
13-254 – 13-256 Reserved.
Footnotes
1 Cross reference(s) – Ordinances regarding dedication, naming, establishing, locating, paving, repairing, vacating, etc., any street or public way in the city are not codified in this Code but are on file in the city clerk’s office, § 1-9(5); ordinances prescribing specific street grades for city streets are not codified in this Code but are on file in the city clerk’s office, § 1-9(10).
|
Code Publishing Company |
|
|