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Chapter 12.02
Obstruction, Encroachment of Public WaysSections:
12.02.005 Purpose.
12.02.010 Snow Removal – Owner, Occupant Duties.
Article I. Vegetation Obstruction – Nuisance
12.02.0202 Overhanging Vegetation to be Removed.
12.02.0208 General Nuisance Declaration.
12.02.0210 Lawful Powers Reserved – Costs of Abatement.
Article II. Underground Utility Vaults – Sidewalk Installations
12.02.0302 Application.
12.02.0304 Permission Required.
12.02.0306 Obligations.
12.02.0308 City May Proceed to Perform.
12.02.0310 Underground Sidewalk Openings.
12.02.0312 No Interference – Sidewalk Underground Installations.
12.02.0314 Sidewalk Vaults – Thickness, Support.
12.02.0316 Proximity to Curb.
12.02.0318 Spacing for Sidewalk Openings.
12.02.0320 Insurance – Underground Sidewalk Openings.
12.02.0322 Openings to Remain Closed – Use – Guards.
12.02.0324 Warning of Opening.
12.02.0326 Stairways – Guard.
12.02.0328 Sidewalk Openings – Covers.
12.02.0330 Uniform Building Code.
Article III. Skywalks
12.02.0405 Findings.
12.02.0410 Policy – Purpose.
12.02.0420 Application Required.
12.02.0422 Filing.
12.02.0424 Evaluation by Hearing Examiner.
12.02.0426 Criteria – Impact – Comprehensive Plan.
12.02.0428 Issuance – Denial.
12.02.0430 Agreement – Conditions – Indemnification.
12.02.0432 Insurance.
12.02.0434 Maintenance.
12.02.0440 Disruption of Public Facilities.
12.02.0450 Design.
12.02.0452 Further Specifications.
12.02.0460 Dimensions – Angulation – Slope.
12.02.0462 Arch – Vertical Clearance.
12.02.0464 Ramps – Malls and Walkways.
12.02.0470 Signs – Lighting.
12.02.0472 Level of Connection.
12.02.0474 Street Access.
12.02.0476 Limitation on Permits.
12.02.0480 Public Access – Expansion.
12.02.0484 Property Owner Access.
12.02.0490 Arbitration – Council Action.
12.02.0492 Arbitration – Procedures.
12.02.0494 Cost Apportionment Guidelines.
12.02.0496 Cost Apportionment – Latecomers – Intrablock.
12.02.0500 Hours of Operation.
12.02.0505 Early Permit Termination – Compensation.
12.02.0510 Revocation – Suspension.
12.02.0512 Hearing Examiner Review.
12.02.0514 City Council Action – Revocation, Suspension.
12.02.0518 Assignment – Relinquishment.
12.02.0520 Exceptions.
Article IV. Obstruction of Public Rights-of-Way
12.02.060 Fences and Hedges – Incidental Encroachments.
12.02.0704 Definitions.
12.02.0706 Permits Required.
12.02.0708 Conditions of Permission.
12.02.0710 Director May Restore Public Way.
12.02.0712 Temporary Repairs.
12.02.0714 Notice of Completion – Penalty for Delay.
12.02.0716 Long Term Permits – Temporary Passageway.
12.02.0718 Insurance.
12.02.0720 Performance Bond Requirements.
12.02.0722 Indemnification.
12.02.0723 Excavations.
12.02.0724 Barriers and Traffic Control.
12.02.0726 Denial – Revocation of Permits.
12.02.0730 Permits – Sidewalk Special Use.
12.02.0735 Regulations.
12.02.0740 Fees – Notice of Commencing Work.
12.02.0745 Utilities and Cable TV.
12.02.0750 Loading or Unloading on Sidewalks.
Article V. Urban Forestry Program
12.02.900 Urban Forestry Program.
12.02.902 Purpose.
12.02.904 Urban Forestry Program.
12.02.906 Hazard Evaluation Criteria.
12.02.908 Abutting Owner Responsibilities – City Tree Maintenance List.
12.02.910 Street Tree Permit Required.
12.02.912 Removal, Pruning of Trees and Shrubs.
12.02.914 Tree Protection, Conservation and Preservation.
12.02.916 Protection of Public and Private Historic and Heritage Trees.
12.02.918 Disposal of Urban Forest Products.
12.02.920 Appeal.
12.02.930 Definitions.
12.02.932 “Arboricultural Manual” Defined.
12.02.934 “Commercial Tree Work” Defined.
12.02.936 “Director” Defined.
12.02.938 “Hazardous Tree” Defined.
12.02.940 “Person” Defined.
12.02.942 “Pruning” Defined.
12.02.944 “Public Place” Defined.
12.02.945 Public Tree.
12.02.946 “Public Utility” Defined.
12.02.948 “Right-of-Way” Defined.
12.02.950 “Severe Crown Reduction” Defined.
12.02.952 “Street Tree” Defined.
12.02.954 “Tree Committee” Defined.
12.02.956 “Tree Lawn” Defined.
12.02.958 “Vegetation Management Plan” Defined.
12.02.005 Purpose.
The purpose of this chapter is to regulate and control the obstruction of public rights-of-way in the city so that those rights-of-way remain accessible and safe for their intended public use. No specific duty to particular persons is created hereby.
[Ord. C26619 § 1]
12.02.010 Snow Removal – Owner, Occupant Duties.
Owners and occupants of premises shall keep the sidewalk areas adjacent to any portion of the real property (including corners) free and clear of snow and/or accumulations of snow or ice.
[Ord. C28799; Passed: 7/6/1987]
Cross Reference: Charter § 116.
Article I. Vegetation Obstruction – Nuisance
12.02.0202 Overhanging Vegetation to be Removed.
Owners of property within the city must remove or destroy all trees, plants, shrubs, or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public. Such condition is declared a nuisance. The City may cause the removal or destruction of such vegetation in accordance with the procedures of SMC 10.20.020.
[Ord. C30437; Passed: 5/18/1992]
Cross Reference: RCW 35.21.310.
12.02.0208 General Nuisance Declaration.
In addition to the conditions above described, the City expressly declares that creation or maintenance of conditions affecting directly or indirectly the safe or free use and enjoyment of public ways by the public to be a nuisance and violation of this chapter.
12.02.0210 Lawful Powers Reserved – Costs of Abatement.
The City expressly reserves and invokes all lawful powers, rights and remedies, whether in contract or law, to protect and preserve the public health and safety by abatement of any nuisance or unhealthful or dangerous conditions affecting the public right-of-way. Such abatement may be summary and at the direction of the city council, mayor, or other City official, subject to the general laws of this state. Such abatement shall be at the expense and liability of the owner of the offending premises and/or other responsible parties.
[Ord. C32755; Passed: 12/4/2000]
Article II. Underground Utility Vaults – Sidewalk Installations
12.02.0302 Application.
This article applies to underground utility vaults with electrical transformers located in the public right-of-way. It applies to like installation of other persons as determined by the director of engineering services. The provisions of this article are declared to be conditions of municipal permission to install or continue to maintain an underground utility vault.
[Ord. C32762; Passed: 12/11/2000]
12.02.0304 Permission Required.
A utility or other entity or person proposing to install an underground utility vault shall first obtain permission from the director of engineering services. The director may require the submission of such plans and information as are deemed necessary. The director may make such inspections as desired and impose the fees provided in SMC 8.02.065(F). The director may impose conditions to issuance of permission or grant exception to this article as deemed necessary for the public health and safety.
[Ord. C32762; Passed: 12/11/2000]
12.02.0306 Obligations.
A. Owners of underground installations above-referenced must keep the same in good repair at all times and must periodically inspect the same as may be necessary to insure protection of the public right-of-way. They must promptly report any damages, danger, stress, or wear to the public right-of-way located proximately to the installation.
B. Owners must immediately repair any damage or take measures necessary to prevent damage to the public right-of-way caused by or enhanced because of their installation.
C. Owners waive all claims for damage to any equipment or property located in the public right-of-way and agree to fully indemnify and hold harmless the City against all loss or liability arising from enjoyment of permission.
D. Owners must remove the underground installation and properly repair the public right-of-way when requested to do so by the director. No compensation will be granted therefor.
[Ord. C4160 § 3]
12.02.0308 City May Proceed to Perform.
Upon notice to the owner and failure of the owner to comply with any obligation imposed herein or reasonable order of the director of engineering services deemed necessary to protect and preserve the public right-of-way or otherwise protect the public health and safety, the City may proceed to accomplish such obligation or order, at the owner’s sole expense and liability. This section also specifically applies to requests for relocation or removal occasioned by modifications or repairs or regrading or repaving of the public right-of-way.
[Ord. C32762; Passed: 12/11/2000]
12.02.0310 Underground Sidewalk Openings.
Approval for installation of underground sidewalk openings is required. The provisions of SMC 4.03.040(B), 4.03.140(D) and 4.03.220(B) apply. In addition, unless otherwise specifically provided, owners of underground sidewalk installations must comply and are subject to all other provisions of this article.
[Ord. C28799; Passed: 7/6/1987]
12.02.0312 No Interference – Sidewalk Underground Installations.
A. No underground sidewalk installation or vault shall be constructed in any manner that will interfere with the installation or maintenance of sewer pipe, water pipe, gas pipe, electrical conduits, fire hydrants, manholes, or other public works or improvements.
B. Where a hydrant bend exists in connection with a vault, it shall be protected by a masonry or reinforced concrete wall not less than eight inches in thickness, built from the bottom of the basement to the underside of the sidewalk, which wall shall be plastered on both sides with plaster so as to be watertight, or shall have other protection of equal value.
[Ord. C7374 § 4]
12.02.0314 Sidewalk Vaults – Thickness, Support.
All sidewalk vaults shall include a concrete wall of sufficient thickness to retain the adjacent roadway of the street, and shall extend the side, division, or party wall of such buildings under the sidewalk to such curb wall, as required by the director. The maximum allowable distance from the adjacent roadway or party line to the outer face of each retaining wall shall be determined by the director.
[Ord. C7374 § 4]
12.02.0316 Proximity to Curb.
All sidewalk openings shall be located as close to the curb as possible and in no case at a greater distance than two feet from the same. The inner edge of any sidewalk opening shall not be nearer to the property line than one-half of the established width of the sidewalk.
[Ord. C7374 § 5]
12.02.0318 Spacing for Sidewalk Openings.
There shall not be more than one sidewalk opening for each twenty-five feet of street frontage of any building, and such openings shall not be closer than fifteen feet to each other.
[Ord. C7374 § 6]
12.02.0320 Insurance – Underground Sidewalk Openings.
A. New Installation. See SMC 12.02.0718.
B. Already Constructed Openings. The property owner shall carry a property owner’s public liability insurance policy covering bodily injury and property damage occasioned by the sidewalk opening with minimum limits of five hundred thousand dollars combined single limit coverage for property damage and bodily injury naming the City as an additional insured. In lieu of carrying insurance coverage, the property owner may certify in writing to the engineering services division of public works and utilities that he/she is self-insured and pledging to be liable in similar manner and in like amount for personal injury and property damage caused by the sidewalk opening.
[Ord. C32762; Passed: 12/11/2000]
12.02.0322 Openings to Remain Closed – Use – Guards.
All sidewalk openings herein referenced must remain closed and secured except when in actual use. During use, adequate barriers, signs, and warnings shall be conspicuously maintained to prevent accident or injury to the public. Barriers or guards protecting the opening shall be at least thirty-two inches high, except where the guard is removed on the loading side during the actual loading period.
[Ord. C7374 §§ 8, 9]
12.02.0324 Warning of Opening.
No door covering a sidewalk elevator or opening shall be opened without first having a responsible person on the sidewalk at said door to give warning of the opening of the same.
[Ord. C7374 § 7]
12.02.0326 Stairways – Guard.
All open areas or stairways in or on the public sidewalks or alleys shall be equipped with a guard or gate, approved by the director.
[Ord. C7374 § 10]
12.02.0328 Sidewalk Openings – Covers.
All sidewalk openings, including trapdoors, coal holes, elevators, or other openings, shall have approved metal or reinforced concrete doors or covers with a nonslip wearing surface. Such doors or covers and their hinges shall be so constructed that their surfaces shall lie flat with the surface of the sidewalk, upon which they are constructed, and shall present no obstruction to traffic.
[Ord. C7374 § 11]
12.02.0330 Uniform Building Code.
The latest adoption of the Uniform Building Code, as enacted by the City, controls and is supplemental to this article.
Cross Reference: SMC ch. 11.06.
Article III. Skywalks
12.02.0405 Findings.
The city council finds as follows:
A. The City, as a city of the first class, has the power to regulate and control the use of streets and avenues within the corporate limits of the city.
B. The free circulation of pedestrian and vehicle traffic through the city is necessary to the health, safety and general welfare of the citizens of the city.
C. The construction of overhead pedestrian skywalks will facilitate movement of pedestrian traffic, especially within the major shopping center of the core area of the city, and reduce the volume of pedestrian traffic on the existing sidewalks and streets, all of which is to the general benefit of the citizens of the city.
D. The placement of overhead pedestrian skywalks in the airspace across the streets and alleys in the city will not interfere with the use of the surface of the street as a public right-of-way.
E. The issuance of a permit granting the right to use the public airspace to build a pedestrian skywalk or which permits a property owner to obtain access to the pedestrian skywalk system should not carry with it the right for the permittee to prohibit another property owner from joining the skywalk system or from obtaining access to any of its tributaries.
[Res. dated 4/11/1977]
12.02.0410 Policy – Purpose.
A. The city council, finding overhead pedestrian skywalks to promise improvement of pedestrian and vehicular traffic in congested areas of the city, declares that it is the policy of the City to approve, in principal, the construction of pedestrian skywalks over City streets and alleys. Said construction is in the interest of the public health, safety and welfare.
B. The purpose of this article is to guide future development of:
1. Individual pedestrian skywalks to be situated within the city; and
2. A system of pedestrian skywalks and connecting walkways, generally at the second floor level, supplementing the street level pedestrian sidewalk system in the central business district (Census Tracts 34 and 35). Such pedestrian skywalks are intended to augment pedestrian movement, reduce pedestrian-vehicular conflict, and permit expansion of retail shop and mall areas within convenient reach of the public, particularly in congested areas such as the central business district (CBD).
C. Skywalks are intended and reserved for the movement of pedestrians over and across the public streets and alleys of the city. As used herein “skywalks” refers to pedestrian skywalks. Permits for the use of air rights for the movement of goods or the conduct of business may be granted or denied by the city council under such other policy as the council may adopt.
[Res. dated 4/11/1977, §§ 1, 2]
12.02.0420 Application Required.
A. Application to build or maintain a skywalk is required as provided in SMC 11.02.0360(A). Permission to establish a skywalk may be granted in any portion of the city. All skywalks are to be erected at the expense of the applicant and subject to this article.
B. All owners of the affected property to which the skywalk is connected must join in the application as a condition of its consideration. This section shall not preclude agreement between owners to apportion expense or liability for the skywalk, subject to municipal approval. The terms of any such agreement shall be disclosed with the application.
[Ord. C31607]
12.02.0422 Filing.
The application along with the filing fee prescribed in SMC 8.02.065 is filed with the planning department, as provided in SMC 11.02.0360(A).
[Ord. C31607]
12.02.0424 Evaluation by Hearing Examiner.
The application is evaluated by the hearing examiner in accord with standards and criteria set forth in this article and SMC chapter 11.02. The hearing examiner may impose such additional conditions or grant such exceptions to this article as the examiner deems appropriate, consistent with the policy and purpose of this article. However, if exceptions to the standards set forth in this article are granted by the hearing examiner, they may be granted only pursuant to recommendations made by the design review committee.
[Ord. C31607]
12.02.0426 Criteria – Impact – Comprehensive Plan.
See SMC 11.02.0466.
[Ord. C31607; Passed: 4/8/1996]
12.02.0428 Issuance – Denial.
The city council may issue or deny the skywalk permit after reviewing the hearing examiner evaluation, this article and any additional documentation or testimony it may choose to accept. It may impose such additional conditions or grant such exceptions to this article as it deems appropriate, consistent with the policy and purpose of this article.
[Ord. C31607]
12.02.0430 Agreement – Conditions – Indemnification.
A. At the time of consideration by the city council, the applicant must present a signed agreement, approved by the city attorney. Said agreement identifies the airspace and location of the skywalk, its construction, lists any conditions or exceptions, and promises the applicant will fully indemnify and hold harmless the City, its officers, agents, and employees against all losses or liabilities for any personal injury or property damage to any person or entity occasioned by the issuance of the skywalk permit or enjoyment of permit privileges.
B. No agreement between any private parties shall in any way bind or estop the city council from exercising its discretion to grant or deny permission for an interblock connection to the pedestrian skywalk system on the basis of a full consideration of the best interests of the general public, and the municipal agreement shall so stipulate.
C. The agreement shall also provide for limiting claims for compensation of disputes as provided herein. It shall provide that, upon revocation for cause as provided hereafter, the costs of removal by the City shall comprise a lien against the permittee’s premises for all costs of removal, including reasonable attorney’s fees if suit is initiated to compel removal. The agreement shall pledge full compliance with this article and any conditions imposed upon the permit.
[Res. dated 4/11/1977, § 3]
12.02.0432 Insurance.
The applicant shall obtain general liability insurance, from an insurer authorized to do business in the State of Washington, naming the City as an additional named insured, with bodily injury and property damage limits of at least five hundred thousand dollars combined single limits. Said policy will continuously cover all loss, injury, death, or liability arising out of the issuance of a skywalk permit and enjoyment of permit privileges.
[Ord. C29407; Passed: 5/15/1989]
12.02.0434 Maintenance.
The applicants shall be responsible to fully maintain and keep in good repair the skywalk and shall share fair and equitable proportions of the costs thereof. The cost of maintenance shall be divided by agreement or by arbitration as provided in SMC 12.02.0490, keeping in mind the proportion of each owner’s contribution to the construction cost and/or the degree of fault for the defective condition as to the respective parties.
Cross Reference: SMC 8.02.065(B).
12.02.0440 Disruption of Public Facilities.
The relocation, alteration, or modification of public facilities, fixtures, or street trees or shrubs necessitated by the construction, maintenance, or repair of a skywalk shall be accomplished to the satisfaction of, and under the direction of, the director of engineering services without cost to the City.
[Ord. C32762; Passed: 12/11/2000]
12.02.0450 Design.
The skywalks should be an enclosed structure and should have at least seventy percent transparency, excluding structural framing members, distributed evenly along the length of the skywalk so as to achieve an open character and reveal pedestrian use of the structure. Finish materials on the exterior of the structure should be restrained, conservative and noncompetitive in character with the connecting buildings and other pedestrian skywalks within the central business district.
[Res. dated 4/11/1977, § 4(8)]
12.02.0452 Further Specifications.
A. The construction of skywalks shall be in accordance with the plans and specifications filed with the City, and shall comply with the City building code, so as to provide necessary fire protection between the pedestrian skywalk structure and the buildings to which it is connected, as well as necessary fire protection between properties within the tributary malls and walkways.
B. Skywalks must be designed and constructed so as to bear solely upon privately owned land and be removable without affecting the structural integrity of the buildings situated on private land.
C. All glazing within the skywalk structure shall be not less than one-quarter inch thick tempered glass set in metal frames. Skywalks must have internal, controlled, year-round drainage to adjoining building systems or to the storm sewer, constructed and maintained to the satisfaction of the City of Spokane.
[Res. dated 4/11/1977, § 4(9)]
Cross Reference: SMC 11.04.140 – 11.04.170.
12.02.0460 Dimensions – Angulation – Slope.
A. Skywalks must be no less than eight feet nor more than fourteen feet in width, and no more than fourteen feet in height.
B. The horizontal angulation of a skywalk off the centerline of the street should not exceed five percent of the width of the street. Skywalks should be level to within one percent tolerance between building contact points.
[Res. dated 4/11/1977, §§ 4(10), 4(11)]
12.02.0462 Arch – Vertical Clearance.
A. No skywalk should have an arch with a rise between the lowest end and the midpoint greater than five percent.
B. Skywalks should have a minimum of sixteen and one-half feet clearance above the existing street grade in the center lane, and a minimum of fifteen feet clearance above the street pavement at the curb and over alleys.
[Res. dated 4/11/1977, §§ 4(12), 4(13)]
12.02.0464 Ramps – Malls and Walkways.
A. Ramps within the skywalk structure should be distributed continuously, uniformly, and symmetrically at an incline not exceeding one foot vertically for every twelve feet of horizontal distance (approximately eight and three tenths percent). There should be no steps within a skywalk structure or in walkways associated with skywalks.
B. Malls and walkways continuing from skywalks through buildings shall be maintained reasonably clear of obstructions so as to permit the skywalk system to effectively function in accordance with its purpose, to move pedestrian traffic rapidly within congested areas of the city.
[Res. dated 4/11/1977, §§ 4(14), 4(15)]
12.02.0470 Signs – Lighting.
A. No advertising, readerboards, or other signs, except City traffic signs, shall be permitted on the internal or external portions of the skywalk structures. Distinct internal directional signs designating routes within the skywalk system may be permitted, and such signing indicating routes to street access shall be provided at all vertical accesses. Decorations for holiday, seasonal, and civic events may be placed on skywalk structures, on a temporary basis, subject to the prior written approval of the director of engineering services.
B. Skywalks must have inconspicuous, nonglare, internal lighting, and where necessary for pedestrian safety and convenience, inconspicuous external lighting.
C. Signs located on or facing on the sidewalk indicating the direction to and location of skywalk entrances shall conform to guidelines established by the city plan commission and shall meet the following criteria:
1. Skywalk entrance direction signs on sidewalks or placed on a structure fronting on the sidewalk should be reasonably standardized and uniform throughout the downtown area.
2. The signs should not be a safety hazard or unduly restrict pedestrian movement.
3. The signs should be aesthetically pleasing and complementary with existing street furniture.
4. Signs should be simple, readable, and contain no advertising.
5. The costs of the sign and associated maintenance shall be borne by the property owners.
D. The hearing examiner administers skywalk sign proposals submitted as a part of a skywalk application as well as those proposed separately from and not a part of a skywalk application. The hearing examiner may prepare and adopt guidelines that reflect the above criteria to assist in the administration of applications for placement of sidewalk entrance signs.
[Ord. C32762; Passed: 12/11/2000]
12.02.0472 Level of Connection.
A. Skywalks in the central business district must connect at the second floor, or equivalent height, levels so as to continue the skywalk system without necessity of vertical movement of pedestrian traffic. Individual skywalks above the second floor level may be permitted where high buildings require connecting circulation of pedestrian traffic.
B. In no case may a skywalk above the second floor level be approved in lieu of a second floor level skywalk where such a skywalk is needed to tie the subject block into the pedestrian skywalk system.
[Res. dated 4/11/1977, § 4(4)]
12.02.0474 Street Access.
A. Skywalks must have adequate pedestrian access to and from the street level, such access to be available at, at least, one of the termini points of each skywalk.
B. Each one-block area should have at least one street level pedestrian access point for every two skywalks that enter the subject block. This street level pedestrian access may be through stairways or by mechanical means and such access may be internal or external to the structure.
C. In the case of existing structures into which a skywalk is built, existing access systems at the property perimeter may be counted for this access to and from the street if it is well marked, accessible, and within fifty feet of the skywalk terminus.
D. Skywalks outside the central business district shall be provided with such street level pedestrian access as deemed warranted by the city council, acting with the advice and recommendation of the plan commission.
[Res. dated 4/11/1977, § 4(5)]
12.02.0476 Limitation on Permits.
A. No more than one permit for a pedestrian skywalk should be granted in any one block of street frontage. In cases of unusually long blocks, or unusual property or physical problems, two standard second-floor-level skywalks may be permitted so long as their combined width does not exceed ten percent of the length of the block.
B. Structures other than skywalks spanning public streets shall not preclude a pedestrian skywalk in the same block and such structures shall not be calculated in the ten percent limitation set forth hereinabove. In each case, the plan commission shall carefully evaluate the need for an additional structure across such street and the location of the proposed pedestrian skywalk in relation to the existing structure with the intent of keeping the structures spanning the street to the minimum number necessary for a successful pedestrian skywalk system.
[Res. dated 4/11/1977, § 4(3)]
12.02.0480 Public Access – Expansion.
A. The skywalk system expansion shall be encouraged to provide maximum public access and utilization of the system.
B. To expedite expansion, all properties immediately adjacent to the pedestrian skywalk system must be permitted to become a part of any proposed skywalk system, or its tributaries, if connection is physically and economically feasible.
C. Properties immediately adjacent to an area served by a skywalk may not be prohibited from joining the skywalk system where a means of access is physically and economically feasible as determined by the city council, acting with the advice and recommendation of the hearing examiner.
[Ord. C31607]
12.02.0484 Property Owner Access.
A. Where a skywalk or its tributary serves property on a specific block, adjacent property owners on the same block must be permitted access to the skywalk, paying a fair and equitable cost therefor. Said cost may be negotiated between the adjacent owner and the skywalk owners or shall be arbitrated as provided hereafter.
B. Where a skywalk or its tributary serves property on a block, property owners on an adjacent block shall likewise be permitted access to said skywalk, paying a fair and equitable cost therefor. Said cost may be negotiated between the other block owners or shall be arbitrated as provided hereafter.
[Res. dated 4/11/1977, § 4(6)]
12.02.0490 Arbitration – Council Action.
In the event private negotiation between the parties desiring to establish a connection to the skywalk system are unsuccessful and the city council, acting with the advice and recommendation of the hearing examiner, determines that the public interest is best served by a pedestrian skywalk system that would serve all private properties proposing to join the skywalk system, then the city council may require resolution of the dispute between the adjoining property owners by means of arbitration.
[Ord. C31607; Passed: 4/8/1996]
Cross Reference: RCW ch. 7.04.
12.02.0492 Arbitration – Procedures.
A. The arbitration shall be by three MAI qualified appraisers acting pursuant to this article to establish a fair and equitable method of sharing costs.
B. Any party desiring such arbitration shall give written notice to the other parties and to the city clerk and shall nominate one arbitrator. The other parties shall, within ten days’ time, nominate a second arbitrator, and the third arbitrator shall be chosen by the mayor of the City.
C. All costs of arbitration shall be borne equally by the parties involved, with no cost of expense being incurred by the City.
[Res. dated 4/11/1977, § 4(6)]
12.02.0494 Cost Apportionment Guidelines.
A. The arbitrators shall apportion the costs of construction and maintenance of connection to the skywalk system between the parties on the basis of the benefit and/or detriment to each party by the proposed connection to the skywalk system.
B. Where there is a primary applicant or applicants desiring a skywalk (lead applicant) and other owners involved in a proposed skywalk, and where the parties are unable to agree on an appropriate sharing of costs, the lead applicant should bear the total cost of construction of any connecting skywalk or connecting entrance, as well as a fair and equitable sum to compensate the other parties for loss of floor space and other actual damages suffered as a result of the connection.
C. The amount to be paid to the other parties for damages due to the construction of the connection to the skywalk system by the lead applicant, in the case of either an intrablock connection or an interblock connection, shall be reduced by the amount of the benefit, if any, to be derived by the other parties from the addition of the connection to the skywalk connection.
[Res. dated 4/11/1977, § 4(6)]
12.02.0496 Cost Apportionment – Latecomers – Intrablock.
In the case of an intrablock connection, if a property owner declines to enter the skywalk system at the time of the original construction, the property owner or the property owner’s successors or assigns may enter the skywalk system or one of its tributaries at any subsequent time on the basis set forth hereinabove; provided, however, that the amount of the fair and equitable share of the construction cost of the skywalk to be shared by the latecomer applicant, as a condition of access to the skywalk system, should be computed only for the remainder of the permit based upon an amortization of the original construction cost over the twenty-five-year term measured from the date the initial skywalk permit was approved by the city council.
[Res. dated 4/11/1977, § 4(6)]
12.02.0500 Hours of Operation.
A. The hours of operation of the skywalks shall be governed by the needs and business hours of those stores and buildings who have built, or are building, operating and maintaining skywalks, together with considerations by the city council of the public need for safety and convenience.
B. A skywalk in the central business district pedestrian skywalk system must open not later than ten a.m. and close no earlier than six p.m., six days a week, Monday through Saturday (holidays excluded).
C. The city council, considering public health, safety and welfare, and upon the report and recommendation of the hearing examiner, should attempt to achieve uniform operating hours throughout the CBD pedestrian skywalk system.
[Ord. C31607]
12.02.0505 Early Permit Termination – Compensation.
A. In the event the city council determines that the skywalk privileges granted under this article are needed by the City for public use prior to the expiration of any permit, then the City may terminate the permit upon ninety days’ notice to the permittee in writing. In such event, the City will cause the skywalk to be removed from the public airspace at its own cost and expense.
B. The City will compensate the permittee for the loss of the use of the skywalk because of this section for the remainder of the term of the permit on the basis of the actual construction cost amortized over the entire term of the permit.
C. By accepting this permit and/or exercising the rights granted hereunder, the permittee and his successors, designees and assignees, and all adjoining property owners given access to the skywalk system, must agree to limit all claims for compensation to a proportionate sum to be derived under the method set forth hereinabove for determining the amount of just compensation for the loss of the use of the pedestrian skywalk, and that method shall be the sole and exclusive method for measuring the total damages and just compensation to private property resulting from such an exercise of the eminent domain power or other powers and rights by the City of Spokane.
[Res. dated 4/11/1977, § 4(22)]
12.02.0510 Revocation – Suspension.
A. Upon it appearing that any conditions of the permit, agreement, or this article, are not fully met, the director of engineering services or other municipal official may send a written notice to the permittee specifying the apparent violation and designating a time and place for a hearing.
B. The hearing shall be informal, with the hearing officer appointed by the mayor. The hearing officer may consider such testimony or materials deemed appropriate and shall issue a decision in writing. The hearing officer may suspend or revoke the permit privilege or condition continued skywalk use on terms determined appropriate. The hearing officer’s ruling may be appealed by the City or the permittee to the hearing examiner by filing written notice with the planing department within fifteen days of issuance.
[Ord. C32755; Passed: 12/4/2000]
12.02.0512 Hearing Examiner Review.
A. The hearing examiner reviews any appeal timely filed and may likewise suspend, revoke, or condition further enjoyment of permit privileges.
B. The hearing examiner’s decision is issued in writing. It is appealable to the city council upon written notice of appeal filed with the city clerk within fifteen days of the date of issuance.
[Ord. C31607]
12.02.0514 City Council Action – Revocation, Suspension.
A. The council entertains an appeal from the hearing examiner at its next regular meeting or other time most convenient. It may suspend, revoke, or otherwise condition enjoyment of permit privileges upon such terms it deems appropriate.
B. The council’s decision is final.
C. Costs for any proceedings are the responsibility of the nonprevailing party.
[Ord. C31607; Passed: 4/8/1996]
12.02.0518 Assignment – Relinquishment.
A. A permittee may assign or relinquish permit privileges and obligations with approval of the city council, subject to conditions the council imposes.
B. A permittee relinquishing privileges may be required to remove the skywalk in like manner as if the permit were revoked or had expired.
[Res. dated 4/11/1977, § 4(24)]
12.02.0520 Exceptions.
Nothing herein shall prevent the council from granting exceptions or imposing conditions upon the matters regulated herein as it deems appropriate in the interest of the public health and safety.
Article IV. Obstruction of Public Rights-of-Way
12.02.060 Fences and Hedges – Incidental Encroachments.
Incidental encroachments upon the public right-of-way from private property not obstructing the use of the right-of-way may be permitted by the director of building services as provided in SMC chapter 11.02. Such encroachments are revocable without compensation and create no vested rights.
[Res. dated 11/8/1971]
12.02.0704 Definitions.
A. “Public way” means any publicly dedicated or used highway, street, alley, or sidewalk.
B. “Permittee” means any person to whom an obstruction permit is issued. Permits are not transferable and have no property value.
C. “Office of primary responsibility” means the director of engineering services, hereafter referred to as the director, who is the City official designated to administer this article. The director functions directly or through his authorized agents, in coordination with other appropriate City agencies. The director is authorized to grant exceptions to, or impose conditions on, requirements herein, in the exercise of sound discretion, considering the requirements of permittees and the purpose of this article.
[Ord. C32762; Passed: 12/11/2000]
12.02.0706 Permits Required.
A. Obstruction of the public way is forbidden except by permit as provided in SMC 4.03.120(D) or this article. Special uses for sidewalks are specifically treated in SMC 12.02.0730, et seq.
B. In case of an emergency situation endangering the public health or safety requiring immediate obstruction and/or work in a public way, such obstruction and/or work may be accomplished without a permit, providing the director is notified as soon as practicable of the emergency situation and the activity necessary to correct the adverse condition. In such cases, permits will be required and issued for such activity, as may have been necessary, after the fact.
C. City employees obstructing public ways in the performance of their official duties must first coordinate with the division of public works and utilities in a manner prescribed by the director.
[Ord. C32762; Passed: 12/11/2000]
12.02.0708 Conditions of Permission.
Permits to obstruct public ways are issued on the condition that:
A. Permittees must repair, replace and fully restore all portions of the public way affected by their activities.
B. Activity permitted hereunder may be suspended, terminated, or conditioned upon such terms as the director may require in the exercise of his responsibilities for the protection of the public safety and convenience of other public uses.
C. The original permit granted to a permittee functioning as a prime contractor shall cover his/her work and work to be done by all his/her subcontractors. If the work is not completed within the time constraints of the original permit, the permittee must obtain a new permit specifically for the work yet to be accomplished.
D. All repairs, replacement and restoration of a disturbed public way must be completed within the time specified on the permit. One extension of the permit up to a maximum of three working days, without charge, may be authorized, for reasonable cause, at the discretion of the director. Thereafter, a new permit will be required.
[Ord. C26619 § 4]
12.02.0710 Director May Restore Public Way.
A. Where repair or restoration of a public way remains uncompleted, is unsatisfactory, or where deemed necessary, in the discretion of the director for the protection of the public health and safety and the convenience of the public, the director may do all work needed to repair and restore the public way to its original and proper condition. Issuance of the street obstruction permit is notice to the permittee of this section.
B. Such repair and restoration is at the expense and liability of the permittee and/or of any surety required as a condition of the permit or continued enjoyment of permit privileges.
[Ord. C28799; Passed: 7/6/1987]
12.02.0712 Temporary Repairs.
A. If, in the judgment of the director, it is not appropriate to patch or otherwise restore the public way, in part or in whole, in a permanent manner, because of soil conditions, weather, or other causes, he may direct that the permittee lay a temporary patch of suitable material designated by the director until such time as a permanent repair is appropriate.
B. Temporary repair measures ordered by the director must be promptly commenced, in no event longer than twenty-four hours after the notice of an order is given, or earlier, if the director deems it required by imminent circumstances. Such repairs must be promptly completed.
C. In default of prompt accomplishment of temporary repairs in the manner directed, the City may proceed at once to accomplish the same at the permittee’s expense and liability.
[Ord. C26619 § 6]
12.02.0714 Notice of Completion – Penalty for Delay.
Upon completion of the permitted activities, the permittee shall give notice to the director within one working day. Time of receipt of this notification shall be used to determine compliance with the time limits of the permit.
[Ord. C28799; Passed: 7/6/1987]
Cross Reference: SMC 12.01.150.
12.02.0716 Long Term Permits – Temporary Passageway.
A. Where a permit allows the obstruction, disturbance, or other such use of a public street, highway, or alley (including the sidewalk, if any) for an extended period of time and affecting a substantial portion of the public ways, as determined by the director of engineering services, said permit privileges will be established by the director in coordination with the street director. Each such request for an obstruction permit will be considered on its own merit and the limits established with due consideration for the needs of the permittee and for the interests of the public.
B. Permits issued under this section are conditioned upon the permittee’s continued safe maintenance of a temporary passageway for pedestrian use along the public way.
C. Said temporary passageway shall be a minimum of four feet wide and shall extend from available permanent sidewalks, walkways, or specified pedestrian routes in the areas immediately adjacent to the permit area.
D. Said temporary passageway shall be constructed of two-inch plank or other approved material laid lengthwise upon good and sufficient supports laid not more than three feet apart.
E. The location of joining the temporary passageway to the regular sidewalk or pedestrian route must be even. The entire passageway must have a sturdy barrier or railing at least four feet high or other safe design approved by the director of building services.
F. Where the temporary passageway abuts property with construction of structures higher than twenty feet, the passageway must be completely covered at a height of a least ten feet with two-inch plank or other approved material resting upon strong supporting joists well fastened and braced to strong posts on both sides.
G. Chapter 44 of the Uniform Building Code as adopted by the City controls over this section.
[Ord. C33112 § 43; Passed: 11/18/2002]
12.02.0718 Insurance.
A. Permit applicants must furnish public liability insurance with combined bodily injury and property damage limits in the amount of five hundred thousand dollars to insure the applicant’s operations to the extent they impinge upon or affect the public way and to protect the City. This shall not apply to public or private utilities certifying in writing that they are self-insured and pledging to fully defend and protect the City against any and all claims arising from or by reason of any negligent act or omission by the utility, in a like manner as an insurer.
B. At the time of application, the applicant must furnish proof of such insurance, naming the City as an additional insured. The director shall require that such insurance be continuously maintained for a period of two years from project completion, with thirty days’ notice of cancellation or material change given to the director.
C. The director may reduce or increase the amount of insurance coverage for smaller or larger jobs as the public interest requires.
D. This section shall not apply to owners and/or occupants of residential premises performing yard maintenance and minor tree trimming work in the public way abutting their real property; provided, the public way is not an arterial or in the central business district.
[Ord. C28799; Passed: 7/6/1987]
12.02.0720 Performance Bond Requirements.
Street obstruction bonds are specified in SMC 7.02.070 except:
A. Where permitted activities involve cutting into or under any public way or removal of any portion of the same, a performance bond in the sum of ten thousand dollars is required prior to issuance of the permit. Said bond shall provide surety for the performance of any and all necessary maintenance and repairs as may be required by the director at least two years after authorized activities are complete, or for such longer time as the director may determine to be reasonably necessary considering the degree and extent of permitted activities. In addition, he may adjust the bond for larger or smaller jobs as he may deem necessary and sufficient to protect the public interest in recurring repair and maintenance costs.
B. The bond sum is five thousand dollars for permitted activities not involving cutting into or under any public way or removal of any portion of the same.
C. The director may allow the posting of an annual bond in the amount of ten thousand dollars in lieu of other bonds required in this section. In addition, he may adjust the bond for larger or smaller jobs as he may deem necessary and sufficient to protect the public interest in recurring repair and maintenance costs or for other appropriate reasons.
D. This shall not apply to private or public utilities certifying in writing that they are self-insured and pledging to be liable in similar manner and like amount for their acts and the acts of their agents.
E. This section shall not apply to owners and/or occupants of residential premises performing yard maintenance and minor tree trimming work in the public way abutting their real property, so long as the public way is not an arterial or in the central business district.
[Ord. C28799; Passed: 7/6/1987]
12.02.0722 Indemnification.
Every permit shall provide that the permittee agrees to fully defend, indemnify and hold harmless the City against all claims, losses, or liabilities arising out of, or in connection with, intentional or negligent acts, errors, or omissions of the permittee, its agents, employees and/or business invitees in the course of enjoyment of permit privileges granted under this article.
[Ord. C26619 § 11]
12.02.0723 Excavations.
In cases where a trench excavation in the public way will exceed a depth of four feet, the permittee and/or person causing the same, shall maintain adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act, RCW chapter 49.17.
[Ord. C29135; Passed: 7/5/1988]
12.02.0724 Barriers and Traffic Control.
A. In case any public way is dug up, excavated, undermined, disturbed, or obstructed, or any obstruction placed thereon, the permittee and/or person causing the same shall erect and maintain around the site a good and sufficient barrier, and shall also maintain lighted amber lights during every night from sunset to daylight, at each end and safely around such obstruction.
B. In cases where a permit allows for the encroachment upon or the closure of a traffic lane, the permittee will provide traffic-control measures as may be established by the engineering services director.
[Ord. C33112 § 44; Passed: 11/18/2002]
12.02.0726 Denial – Revocation of Permits.
The director may decline to issue a permit or revoke a permit issued to any person who is or has been delinquent in the payment of any fees or charges fixed under the authority of this article or who refuses or neglects to comply with any of the provisions of this article. At the discretion of the director, permittees disqualified from applying hereunder will be ineligible to apply for any permits.
[Ord. C28799; Passed: 7/6/1987]
12.02.0730 Permits – Sidewalk Special Use.
A. Upon plans and specifications approved by the city council, the director may issue a permit for the placing in or upon the sidewalks of the City, plantings, ornamentals, or other beautification as the council may approve, or racks, stalls, or brackets for the parking, storage, or securing of bicycles or similar vehicles. Sidewalk cafes are permitted as provided in SMC chapter 10.28.
B. Before a sidewalk special use permit shall be issued, the person proposing to make such installation shall furnish proof of liability insurance coverage for such sidewalk use and the proposed installation, wherein the City is a named insured, for liability limits of not less than one hundred thousand dollars for any one personal injury, three hundred thousand dollars for all personal injury claims in any one accident and twenty-five thousand dollars for property damage.
C. The director may reduce or increase the amounts of required insurance coverage as the public interest requires, depending on the size and nature of the permitted activity.
[Ord. C26619 § 15]
12.02.0735 Regulations.
A. The director promulgates and interprets regulations to implement this article.
B. Regulations to enforce or implement this chapter are approved by the director and published in the Official Gazette. They shall have the force of law thirty days after publication.
[Ord. C30190; Passed: 9/3/1991]
Cross Reference: SMC 8.02.011.
12.02.0740 Fees – Notice of Commencing Work.
A. Fees are specified in SMC 8.02.065.
B. The permittee shall give the engineering services department twenty-four hours’ notice of his/her intention to begin such work. Penalty for not notifying, in advance, to begin work will be considered the same as working without a permit.
[Ord. C32762; Passed: 12/11/2000]
Cross Reference: SMC 12.01.150.
12.02.0745 Utilities and Cable TV.
A. Utilities and Cable TV. Temporary use (one hour or less) of the public way for servicing operations, inspection and maintenance of manholes and vaults will not require obstruction permits. For public and crew safety, entering such vaults and manholes shall not be permitted where they obstruct peak traffic flow. Temporary use of the public way in excess of one hour, in existing vaults or manholes in the downtown area, or on arterials, will require obstruction permits. Work in residential vaults and manholes will not require obstruction permits when a lane of traffic is not obstructed.
B. The temporary use of the public way for placement/replacement or moving/removing poles, street lights, or tree trimming will require a permit on arterials where a moving lane is obstructed. Setting poles or replacing poles will not require a permit in an alley or residential street.
C. Poles set on the public right-of-way where sidewalk or blacktop is cut requires a permit. The responsible party or utility shall submit a weekly repair manifest listing such locations requiring repair. A permit will be required for replacement of the sidewalk or asphalt. The affected utility or party will notify the director of its intent to do maintenance prior to any work being started.
D. The director may issue one permit by area, as determined by the director, where the work involves one project in several locations within an area. Prior to issuing an area permit, the applicant shall submit a list indicating specific work locations and type of work to be performed.
[Ord. C28799; Passed: 7/6/1987]
12.02.0750 Loading or Unloading on Sidewalks.
The loading or unloading of goods and commodities used or required in the ordinary course of business conducted in the building abutting any sidewalk is permitted when there is no other practical or convenient way of access to the building. All such loading and unloading shall be done continuously and with dispatch and the sidewalk cleared of all such articles without delay, and an adequate portion of the sidewalk shall be kept open at all times for use by pedestrians.
[Ord. C26619 § 14(B)]
Article V. Urban Forestry Program
12.02.900 Urban Forestry Program.
A new article is created in SMC chapter 12.02, designated article V, Urban Forestry Program, to consist of SMC 12.02.900 through 12.02.958.
[Ord. C33255 § 8; Passed: 6/23/2003]
12.02.902 Purpose.
A. The city council and park board recognize that the design of the urban environment must ultimately be for the benefit of the quality of life of the human inhabitants, and that a healthy urban forest is a key component of the quality of life. The focus of the urban forestry program will be on balancing competing needs of the community, in the context of limited municipal resources, while promoting and maintaining a healthy urban forest.
B. The purpose of this article is to promote and protect the public health, safety and general welfare through the initiation of an urban forestry program, including supervision of the planting, pruning, removal and maintenance of trees, shrubs and other plants within the public rights-of-way and public places of the city and by offering education and assistance to citizens to promote a healthy urban forest.
C. It is also the intent of the city council to:
1. promote the restoration and preservation of desirable trees and shrubs;
2. advocate for the establishment and retention of adequate tree planting spaces while considering the community desire for urban aesthetics; and
3. as resources may allow, to address problems arising from improper planting, maintenance, or removal of trees and shrubs.
D. The urban forestry program reflects a municipal goal, but its implementation may be subject to budget or other limitations or restrictions from time to time. It is not a purpose of this article to create or expand any duty, responsibility, or liability on the part of the City of Spokane, its officers, agents, employees or contractors. Any such duty nonetheless deemed created does not extend to any specific or identifiable person or class. Additionally, nothing in this article and no action taken or inaction by the City, its officers, agents, employees or contractors shall reduce the responsibility of other persons or entities for intentional or negligent acts or omissions, including failure to maintain their property, curtilage or related areas with reasonable care. This subsection (D) controls all other provisions.
[Ord. C33255 § 1; Passed: 6/23/2003]
12.02.904 Urban Forestry Program.
A. Establishment. The urban forestry program is established within the parks and recreation department, which exercises jurisdiction over trees and shrubs within the public rights-of-way and other public places.
B. Responsible Official. The director of parks and recreation is designated as the responsible official for administering the urban forestry program. The director may designate an employee as the urban forester to perform the duties to administer the program.
C. Authority.
1. The director regulates and permits the planting, pruning, removal, replacement and maintenance of all street trees.
2. The director, with the advice and assistance of the tree committee, will prepare the Arboricultural Manual and will present the manual to the park board and city council for adoption.
3. The director, with the advice and assistance of the tree committee, will prepare the Vegetation Management Plan and will present the plan to the park board, plan commission and city council for adoption.
4. The director examines all trees and shrubs within the scope of this article to determine whether they are contagiously diseased, dead or hazardous, obstructing the right-of-way, or posing a threat to public safety, having the right to take samples from trees and shrubs for laboratory testing.
5. The director, with the advice and assistance of the tree committee, will develop a plan for assisting property owners with their street trees, which plan includes educational programs and criteria for financial assistance.
6. The director will develop educational programs for the public promoting proper urban forestry practices.
7. The director will facilitate the establishment of a citizen advisory committee to facilitate citizen participation in the urban forestry program.
[Ord. C33255 § 2; Passed: 6/23/2003]
12.02.906 Hazard Evaluation Criteria.
Municipal response to tree or other hazards within the scope of this article is in the city’s sole discretion. In prioritizing a response, city officials may use the International Society of Arboriculture’s twelve-point hazard evaluation system, but no obligation to act is created.
[Ord. C33255 § 3; Passed: 6/23/2003]
12.02.908 Abutting Owner Responsibilities – City Tree Maintenance List.
A. Abutting property owners are responsible for the following:
1. Protection of street tree health by obtaining all permits as required by this article for planting, removal or pruning of street trees. The property owners may perform minor pruning of street trees on their property without obtaining a permit;
2. Care and maintenance of the tree lawn to ensure proper health of the trees;
3. Removal and replacement of street trees which are topped or improperly pruned if the director determines that a street tree’s health is severely degraded;
4. Care and maintenance of trees on their property in such a way as to not cause a hazard to the public safety or to the health of public, landmark or street trees;
5. Removal of trees located on their property that have been declared a public nuisance or hazard.
6. Abutting property owners must exercise reasonable care in the use or condition of their property so as not to render the right-of-way unsafe for ordinary travel or to endanger persons or property of persons using the right-of-way. Abutting property conditions may include planting or allowing trees, shrubs, plants or other natural or human placed installations which affect the right-of-way directly or indirectly. Uses include a use with may cause or promote damage, unauthorized alteration or interference with the right-of-way, not by way of limitation. The abutting property includes the curtilage and areas in or near the right-of-way, whether or not actively used for public travel.
B. Any duty imposed upon a property owner applies jointly and severally to a property occupant, but enforcement action against an occupant does not release the owner from ultimate responsibility hereunder.
C. Sometimes, funding may become available for the park department to assist in planting new street trees, pruning, removal, or otherwise helping with street tree maintenance for street trees on tree lawns. This effort may arise in low income neighborhoods or become available through community development federal funding or other public or private resources. No action by the park department shall relieve a property owner of an obligation under this article except to the extent the park department may be able to assist and support the property owner, and no municipal duty is created thereby. If a new street tree is proposed to be planted, the park department shall work with the abutting property owner to confirm the owner’s understanding of owner’s responsibilities under this article. Specific reference is made to policy NE 12.5 in the Natural Environment chapter of the City of Spokane Comprehensive Plan, which provides for a policy of “no net loss” in street trees, explaining that street tree removal should only be granted when a tree is determined by the city to be sick, damaged, or near the end of life. This does not restrict removal for public health and safety reasons, in the determination of public safety officials.
D. The director may develop a maintenance list for street trees or other trees in certain areas where the department is able to perform tree maintenance work. Except in such circumstances, and only to the extent resources may be available, or to the extent SMC 12.02.912(F) may apply, actions taken under this article, are at the cost and liability of the abutting property owner or other responsible party or parties, as may be determined by the director.
[Ord. C33255 § 4; Passed: 6/23/2003]
Cross Reference: SMC 12.01.010.
12.02.910 Street Tree Permit Required.
A. Pruning and Removal of Trees. No person may perform major pruning of trees, or cause or authorize any person to prune or remove trees, in planting strips, rights-of-way, or other public places without first filing an application and obtaining a street tree pruning/removal permit from the City.
1. Application Data. The application must state the location, number and kind of trees to be pruned or removed; the kind of maintenance or other work to be done and such other information as the director may find reasonably necessary to a fair determination of whether a permit should be issued.
2. Standards for Issuance. The director issues the permit if in his or her judgment the proposed work is consistent with this article and the proposed method and workmanship are satisfactory.
3. Time. Any permit issued shall contain a date of expiration and the work must be completed in the time allowed on the permit.
4. Major Pruning. The City requires that the pruning be performed by a person licensed by the City pursuant to SMC 10.25.010.
B. Planting of Trees. No person may plant a tree in any city rights-of-way without first obtaining a street tree permit from the City.
C. Notice of Completion. A notice of work completion concerning tree planting, removal, or major pruning must be given by the permit holder within five days to the director for inspection. Inspection shall be completed within ten working days.
D. Annual Permit for City Departments and Utilities with Easements or Franchises within the Rights-of-Way. City departments and utilities may apply for an annual permit to perform pruning, planting, or removal of trees within the rights-of-way. The permit application must include an annual plan that identifies work that will be done during the year. The permit holder must file quarterly reports which will identify all work done on street trees and trees in public places.
E. Emergency Pruning and Removal. If immediate removal or major pruning is required to protect the health and safety of the public, tree work to mitigate the immediate hazard may be performed without a permit. The director must be notified on the first working day after the tree work is begun and a permit must be obtained. In the case of a declaration of emergency notification may be made within a reasonable time.
F. The director may decline to issue a permit, or revoke a permit issued, to any person who refuses or neglects to comply with any of the provisions of this code.
[Ord. C32207 § 5; Passed: 12/14/1998]
12.02.912 Removal, Pruning of Trees and Shrubs.
A. The director may authorize or order removal of or may remove street trees and shrubs situated within the rights-of-way, or other treatment or pruning, whenever one or more of the following criteria are met:
1. The tree or shrub is hazardous or other good cause.
2. The tree or shrub is damaging public improvements or public utilities and removal is necessary because of the installation of, or potential or actual damage to, a sidewalk, parkway, curb, gutter, pavement, sewer line, underground utility or other municipal improvement.
3. There is infection or infestation of trees or shrubs with a disease or pest detrimental to the growth, health or life of such trees and which infection or infestation cannot be controlled or removed.
4. The vegetation obstructs rights-of-way, authorized traffic signs or is determined to interfere with line of sight or creates other identified traffic or safety concerns.
5. The tree’s health is severely degraded because of improper pruning, including severe crown reduction.
B. When the engineering services department determines that vegetation obstructs a public right-of-way, it notifies the director. Unless an emergency requires immediate abatement by the city, the director may utilize the procedures in SMC 10.20.020, 12.02.910, or any other lawful means for pruning or removal.
C. As a condition of removal, the director requires replacement with trees or shrubs that are appropriate for the location, unless replacement is not possible.
D. If a street tree is to be removed at the order of the director, unless immediate removal is necessary to protect public health and safety, he or she notifies the property owner and tenants thirty days prior to the proposed date of removal. The notice states the reason(s) for the removal and the proposed date of the removal. An order of removal may include an estimated cost and provide the property owner with the option of procuring removing within a time specified by authorized persons, but no estimate shall bind the City to accept any amount less than the true and actual cost determined after corrective action is taken.
E. For city projects which will require removing one or more trees, the department will notify the property owner and tenants thirty days prior to the proposed date of removal. A copy of the notice shall also be delivered to the office of neighborhood services within the same timeframe.
F. Questions affecting right-of-way management are referred to the director of the engineering services department. The parks director may also refer inquiries about interdepartmental assistance to the director of engineering services, where a healthy tree may be preserved with extra measures involving additional cost or expense, on a site by site basis.
[Ord. C33255 § 5; Passed: 6/23/2003]
Cross Reference: SMC 12.02.908(D).
12.02.914 Tree Protection, Conservation and Preservation.
A. All street and public trees near any excavation, demolition or construction of any building, structure, street or utility work, must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the city must be approved by the director, who may require protective measures as specified in the Arboricultural Manual.
B. No person may destroy, injure or deface any street tree or public tree on public property by any means, including, but not limited to, the following methods:
1. impede the free passage of water, air or fertilizer to the roots of any tree, shrub or other plant by depositing vehicles, concrete, asphalt, plastic sheeting or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree;
2. pour any toxic material on any tree or on the ground near any tree;
3. cause or encourage any fire or burning near or around any tree;
4. severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right-of-way as allowed by a permit issued by the director. Removal or replacement is preferred to severe crown reduction;
5. carve or attach any sign, poster, notice or other object on any tree or fasten any rope, wire, cable, nails, screws, staples or other device to any tree except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature; provided, that such lighting is not attached in such a way as to cause permanent damage to the tree;
6. plant trees reaching an expected mature height of twenty-five feet or more under utility lines.
C. No person may prevent, delay or interfere with the director, or his or her designee, or any city employee in the execution or enforcement of the provisions of this article or otherwise violate this article V.
D. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the Guide for Plant Appraisals as published by the International Society of Arboriculture.
E. In addition to remedies under subsection (D) of this section, violation of this section is a class 1 civil infraction. The director has the discretion to issue a warning for a first-time violation.
[Ord. C33255 § 6; Passed: 6/23/2003]
12.02.916 Protection of Public and Private Historic and Heritage Trees.
A. The historic and heritage tree preservation designation recognizes the significance of trees to the City. A tree may be retained beyond its useful life because of its contribution to the environment and City character. A heritage or historical tree is designated by the tree committee based on the following criteria:
1. Has historical significance to a person, place or event;
2. Has attained significant size in height, caliper, or canopy spread for its age and species;
3. Has special aesthetic qualities for its species;
4. Is prominently visible to the public, along major roads or public places;
5. Possesses rare horticulture value;
6. Is not a hazard or obstruction.
B. The tree committee establishes procedures for nomination. A registry of historic trees is maintained and the designation is indicated on the City tree inventory.
[Ord. C32207 § 8; Passed: 12/14/1998]
12.02.918 Disposal of Urban Forest Products.
The urban forester may sell wood and other forest products generated during urban forestry and park operations. The proceeds from such sales will be deposited in the Urban Forestry Fund.
[Ord. C32207 § 9; Passed: 12/14/1998]
12.02.920 Appeal.
Decisions of the director under SMC 12.02.910 and 12.02.912 may be appealed by the property owner to the tree committee within thirty days of receipt of the permit denial or the director’s decision. The appeal notice must be in writing and submitted to the director. The notice must include, at a minimum, the following information:
A. Name, address and telephone number of applicant;
B. Location of trees involved in the appeal;
C. Decision being appealed; and
D. A concise statement of the reasons for appeal.
The appeal is heard at the next regularly scheduled meeting of tree committee following receipt of the notice of appeal. Decisions of the tree committee may be appealed to the hearing examiner by filing a notice of appeal with the director within fifteen days of the tree committee’s decision with a copy also filed with the city hearing examiner. Any appeal from the decision of the hearing examiner is by writ to the appropriate court. There is no right of stay of any order pending appeal unless allowed by the director, conditioned upon posting of a bond or other security or requirements as the director may order. An appealing party may request emergency review of a director’s denial or conditioning of any stay, pending appeal, by the chair of the tree committee. Consideration of such a request is at the chair’s sole discretion.
[Ord. C33255 § 7; Passed: 6/23/2003]
12.02.930 Definitions.
The following definitions, SMC 12.02.932 through 12.02.958, apply to this article.
[Ord. C32207 § 11; Passed: 12/14/1998]
12.02.932 “Arboricultural Manual” Defined.
“Arboricultural manual” means the Arboricultural Specifications and Standards of Practice for the City of Spokane which contains regulations and standards for the planting, pruning, removal and maintenance of trees and shrubs on public property and a program for developing and improving the tree, shrub, and other plant resources of the community.
[Ord. C32207 § 12; Passed: 12/14/1998]
12.02.934 “Commercial Tree Work” Defined.
“Commercial tree work” means any work performed on street or public trees by a person retained by the property owner or public utility.
[Ord. C32207 § 13; Passed: 12/14/1998]
12.02.936 “Director” Defined.
“Director” means the director of the parks and recreation department or his or her designee.
[Ord. C32207 § 14; Passed: 12/14/1998]
12.02.938 “Hazardous Tree” Defined.
“Hazardous tree” means any tree or tree part that poses a high risk of damage to persons or property.
[Ord. C32207 § 15; Passed: 12/14/1998]
12.02.940 “Person” Defined.
See SMC 1.02.100.
[Ord. C32207 § 16; Passed: 12/14/1998]
12.02.942 “Pruning” Defined.
A. “Major pruning” means the pruning or cutting out of branches three inches in diameter or greater; root pruning; or cutting out of branches and limbs constituting greater than fifteen percent of the tree’s foliage bearing area. The work shall retain the natural form of the tree.
B. “Minor pruning” means pruning or cutting out of water sprouts, suckers, twigs, or branches less than three inches in diameter, or which constitutes less than fifteen percent of the tree’s foliage bearing area. The work shall retain the natural form of the tree. Removal of dead wood, broken branches and stubs are included within the definition of minor pruning. Minor pruning may be performed by the property owner without obtaining a permit from the City.
[Ord. C32207 § 17; Passed: 12/14/1998]
12.02.944 “Public Place” Defined.
“Public place” means property owned in fee by the City of Spokane.
[Ord. C32207 § 18; Passed: 12/14/1998]
12.02.945 Public Tree.
“Public Tree” is a tree on city-owned property or on the public right-of-way abutting city-owned property. A public tree may also be a street tree. “City-owned property” does not refer to the right-of-way.
[Ord. C33255 § 9; Passed: 6/23/2003]
12.02.946 “Public Utility” Defined.
“Public utility” means any organization that has a franchise to utilize the public rights-of-way.
[Ord. C32207 § 19; Passed: 12/14/1998]
12.02.948 “Right-of-Way” Defined.
“Right-of-way” means that strip of land:
A. dedicated for public travel, including the main traveled portions of the streets and sidewalks as well as parking or planting strips, pedestrian buffer strips and other associated areas, or over which is built, public streets, sidewalks or alleys for public travel; or
B. used for or dedicated to utilities installation within the right-of-way.
The “right-of-way” is typically an easement over the land of the abutting property owner.
[Ord. C33255 § 10; Passed: 6/23/2003]
12.02.950 “Severe Crown Reduction” Defined.
“Severe crown reduction” means the specific reduction in the overall size of a tree and/or the severe internodal cutting back of branches or limbs to stubs within the tree’s crown to such a degree as to remove the normal tree canopy and disfigure the tree. Severe crown reduction is not a form of pruning.
[Ord. C32207 § 21; Passed: 12/14/1998]
12.02.952 “Street Tree” Defined.
“Street tree” means any tree or shrub located within the public right-of-way.
[Ord. C32207 § 22; Passed: 12/14/1998]
12.02.954 “Tree Committee” Defined.
“Tree committee” means the urban forestry tree committee created by SMC chapter 4.28.
[Ord. C32207 § 23; Passed: 12/14/1998]
12.02.956 “Tree Lawn” Defined.
“Tree lawn” means the area within the right-of-way easement, generally the lawn between the curb and sidewalk; also known as the “parking or planting strip.”
[Ord. C32207 § 24; Passed: 12/14/1998]
12.02.958 “Vegetation Management Plan” Defined.
“Vegetation management plan” means a comprehensive plan addressing the long-term goals and strategic planning related to tree planting, pruning, removal and maintenance needs of community trees to encourage the sustainability of the urban forest. Neighborhood specific tree plans or neighborhood land use plans which incorporate sections or language related to public trees shall be incorporated in the general vegetation management plan and neighborhoods shall consider the vegetation management plan in the development of neighborhood specific tree plans or land use plans.
[Ord. C32207 § 25; Passed: 12/14/1998]
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