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Home My WebLink AboutORD 2879 � �� • ° . /�/ f / � � _�• ,r� _f i< + t �t � � 'S . • �l'//V / V 4�� .wr r a S � �%t'�,�( ��G c�� e�� =��5 � �.t.�rr��1.�L L On�. �7�� CITY OF RENTON, TnIASHINGTON .�L/5 � I ORDTNANCE N0. 2879 AN ORDINANCE OF THE CTTY OF RENT4N, WASHIN�TON, I'RO�IDING I RULES AND REGULATIONS POR EXCAVATING QR DISTURBING STREETS , ALLEYS , CURBS , SIDET�TALKS AND SIMILAR IMPROVEMENTS ; PROVIDING Ij FOR THE ISSUANCE OF PERMITS , INSPECTIQNS , BONDING AND MATTERS INCIDENTAL THERETO; REPEALING CHAPTERS 4 AND 8 OF TIT�E �X I tPUBLIC WAYS AND PROPERTY) OF ORD�NANCE N'0. 1628 ENTITLED I 'tC0I3E OF GENERAL ORDINANCES OF THE CITY OF RENTON; I THE CITY COUNCIL OF THE CITY QF` RENTON DO ORDAZN A5 FQLLO�tS :� � SECTION I : Se"cti'on 9-$Ol; Pe'rm:is�iori Requ'ired. It shall be unlawful for any persan, firm, corporatian or association to construct , eut up , dig up , undermine , brea.k, axcava�e , tun.nel ar in any way dis�urb or obstruc� any street , alley , ar any s-�reet pavement , �treet curb, sidewalk, driveway or improvement in the City � withou� �irst having obtained wri�ten permission as herein provided; II provided, however, that in case of an emergency occu.rring ou�side the regular of�`ice hours whenever an �mmediate excavation may be necessary for the pratec�ian of life ar private property, such mat�er ahall be reported immediately to -the Stree� �uperintendent , Public Works Department o� �he Ci-ty, who may thereupon grant permission to make the necessary excavation upan the express conditian that an application for a permit be made in the manner herein provided , an or be�ore noon o.f�he next fallowing business day. Section 9-802 : Caridit'ion af 'Permit. The Public Works Depart- men-t sha7.l grant such permit anly upon compliance wi�h the follotaing terms and conditions : (A} The par-ty requesting sueh permit shall make applica- tion in writzng and si.multaneously �herewith file wi�h the City' s Public Works Depar-�ment a plat ar ske�ch drawn -to scale �hawing the locatian and plan of the cons�ruction, excavation, cut�ing or other -i- . , . - . , , . , , • work desired to be done , and the street , alley , or place to be so used, together with a full description of the nature of the work. The City' s Public Works Department shall thereupon examine such application and upon approval thereof and the filing of a proper performance bond , as hereinbelow set forth , the Public Works Depart- ment shall thereupon issue a permit. CB) Such permit shall specify the place where such acts are to be performed and done together with a description of the ' proposed work to be done under such permit ; the length of time allowed for the completion thereof; the permittee shall further be required to replace , to its former condition , whatever portion of the street , sidewalk, driveway, alley, pavement , curb or improvement that may have been disturbed or affected in any way during such �ork, and such permit may further specify whether the City elects to do the work of � restoring the surface as hereinafter provided. (C) The acts and work permitted under such permit , and the restoration to its former condition of such street , alley, pave- ment, curb or im roverrient shall at all times be erformed under the P � p supervision and control of the Public 4dorks Department Street Super- intendent or authorized representative , but at the sole cost and expense of the permittee. (D) In making any excavation , cut or break in any public street , sidewalk, alley or like improvement , the materials thus excavated from th:e trenches thereof not otherwise suitable for back- filling shall be disposed of as directed by the Public Works Director or authorized representative. All such excavations shall be back- filled with approved materials and shall be compacted by water or mechanical tamping. (E) The maximum length of any open trench during such work shall at no time exceed two hundred lineal feet, except when otherwise granted by special written permission from the Public Works -2- ' • ,: ;; . , • , , . � � . , � .. , Department. I (F) All existing storm sewer facilities and other utilities that are moved or disconnected during such work shall be replaced immediately as directed. A concrete saw shall be used to cut all pavement so as to produce a reasonable square and true edge without spalling or cracking into adjacent pavement. , (G.) If the Public Works Department so elects , all. exca- vated materials within the street right-of-way shall be removed and disposed of and planks and saddles placed over trenches so as to provide safe and adequate passage for vehi:cular and pedes;trian traffic at all times . (H) In excavating any such �ublic street , avenue , curb , alley, sidewa�k or like improvement , the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement , after refilling , shall be placed in as good condition and wear as it existed immediately � prior to the excavations . If the permittee shall fail to complete such work and restore such street, sidewalk, driveway, alley , pavement , curb or like improvement before the expiration of the time fixed by such permit , the Public Works Department shall , if it deems it ad- visable , cause such work to be done by the City or any other party in order to return such street , sidewalk, driveway , alley, pavement , curb , improvement or place to its original and proper condition as it existed immediately prior to such excavation; in such case the per- mittee shall be liable unto the City for any and all work performed and the City shall have the right to proceed against the performance bond filed by said permittee as herein provided. In addition, the City shall have a right of action against such permittee for all fees , expenses and costs paid out and incurred in connection with -3- such work, not otherwise covered by said bond, or the City may elect ' to proceed against such permittee directly for all of said work as the City may elect. (I.) The. �ermittee as a further condition to the issuance of such permit shall warrant and guarantee unto �e City the work per- formed and the restoration of the remises for a period of one Cl) P year from the date of completion of such work. When a permit is issued for excavation for the purpose of installing , maintaining , repairing, or replacing any underground utility within a street, alley, or public place , to private property for use of such utility thereon , the permittee or the owner of the premises if the permittee is a person other than the owner, shall further agree , in the application �or any such permit , that if the struc- ture or facility on any private property to whi:ch the utility is intr�duced or furnished by the service line shall thereafte� cease to be occupied or shall no longer be used or useful , the permittee and each of its successors and assigns will , upon any such occurrence , cut and cap the service line to prevent further service of utility to the structure or facilities , or, upon written demand of the Public Works Department , take such similar action. Upon completion of such work, including the capping of utility , the same shall be reported to the Public Works Department in writing. Permittee agrees , whenever possible , to notify the City in writing whenever any such structure or facility has ceased to be serviced by the utility or has other- wise discontinued or abandoned the use thereof. (Ord. 1985 ; 10-8-62) CJ) The Public Works Department shall have the right to elect , and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street , alley or highway , and the repaving or resurfacing thereof, may be done by the City and any and all cost and expenses in connection therewith to be -4- . ;�� . , ;. . . . . 'u � . . . . . . . • � � charged to and paid by the permittee and/or the sureti.es of his � per�ormance bond. Such bond shall be in an amaunt not less than the I anticipated cos-t of �he work ta be done or minimum af $1,000 . 00 . The City may also demand an adequate cash sum as security to cover such I� esti.mated cost at the time of issuing such permit. � �'.I Section 9=803 : Permit �'ee . Inspec-t'ion. Zhe fee for such permit far each excavation or improvement shall be as �'ollows : ISidewa.lks , Curbs , Excavations , I Improvements Less than 35 ' in length $I0 . 00 Sadewalks , Curbs , Excavations , Improvement� 36 ' to 1QQ ' $25 . OQ Sidewalks , Curb� , Excavations , , Improvemerits over 100 ' $50 .Q0 {However, if the cast of such inspec.tion to the City i , exceeds said sum af �he permit then the permittee shall pay unta the I � Ci.ty such additianal inspection fees as may be de�ermined by the ! Public Works Departmen� , not ta e.xceed the rate o� $1Q . Q0 per hour. ) Section 9-804: Perm"ittee Z'iable. The permittee shall nati�y ' the Publ�c Works Depar�ment Street Superintendent and the Police I Department when such excavation is to take place and for what dura�ian. ` Immediately upon completion of the acts or work allowed under such permi� , written notice -thereof shall be given to �he Public Warks Departm.en-� by the permzttee. A�y delay a�ter such comgletion i.n giving such written notice �o the Public Works Departmeri� shall render �he permi�tee liable , as well as the surety on his bond, a.n a sum af not less than twenty-five dallar� C$.25 . 00} for each day of any such del.ay. Section 9-805 : Band Requ'ired. The applicant for any such � permi� , prior to the issuance thereof as herein provided, shall execute and deli.ver unto the City and file with i�s Public Woarks Depar�men� , a perfarmance band in such amount as shall be fi.xed by the Department of Public Works With sureties to be approved by the De�artment of , I i _5_ � ' �� '' . .+ �• ' . ' . •. , . . . , .. . ,. . . Public Works ; a $1.00 cash bond may be posted with the Public Works Department for curbs , sidewalks , driveraays less than 35 ' in length , which $100 cash bond will be returned to applicant when work is accepted by the City, less any sum due City under the terms of this ordinance. For work over 35 ' in length the bond shall be in an amount not less than the anticipated cost of the work to be done or a minimum of $1 ,000 .00e Such bond or any additional bond and/or separate liability insurance coverage , with limits of not less than $100�'00/�300 ,000 for public liability and not less than$50 ,000 for property damage , shall also provide that the applicant will keep and save the City harmless from any and all claims , liabilities , judg- ments , loss , damages , and expenses arising from any acts c�hich said permittee may do under the permit , or which may be done by any of his agents , servants , representative , or employees in excavating or disturbing any such alley, street, pavement , curb or improvement , or by reason of the violation of any of the provisions of this Chapter; and to otherwise fully warrant the work and acts required hereu:nder. for a period of one Cl) year. ' Sectiori 9=806 : Safet'y Dev'ices and Barriers Required. In case any public street ,alley , pavement , curb , sidewalk or like im- provement shall be dug up , excavated, undermined , cut or disturbed, the permittee shall cause to be erected and distributed , and at all times maintained throughout such excavation work, such barriers , lights , signs , flagmen and other safety devices as may be reguired by the Public Works Department and the Police Department of the City , and in accordance with WISHA standards , and failure to do so shall con- stitute a violation of this Chapter. ' Sect'ion 9�-807 : ' Repealing 'Chapters 4 and 8 , Title 9 : . Chapters 4 and 8 of Title 9 , (Public Ways and Property) of Ordinance 1628 entitled Code of General Ordinances of the City of Renton, and any and -6- • . . . �. ��,�, �t. � .W' ""r • , . _ . ' ' ' , . , all ordinances , � or parts of ordinances , in conflict herewith are hereby repealed. SECTION II : This Ordinance shall be known and designated hereafter as Chapter 8 of Title 9 (Public Ways and Property) of Ordinance 1628 entitled"Code of Gen.eral Ordinances of the City of Renton°` , and may be commonly referred to as a "Street Excavation Ordinance" . SECTION III : This Ordinance shall be effective upon its passage , approval and five days after its ;legal publication, unless otherwise provided for hereinabove. PASSED BY THE CITY COUNCIL this 16th day of �8eptember, 19.74. � . .�� Delores A. Meafl , Cif�f Clerk- APPROVED BY THE MAYOR th�s 16th day of .._Se.ptembe-r., .1974 . ..f_: . _ �l' � . , . . Earl Clymer - ?{�ayor pro tem v Approved as to form: �� . . . . . G�rard M. Shellan, City Attorney 4 1 ` Date of Publication: �_�n_�a -7-