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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 17 Public Improveme Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.40 Protection of Public Right-of-Way

- Note

(Chapter amended by Ordinance No. 184957,  effective November 25, 2011.)


17.40.010 Injuries to Pavement.

(Amended by Ordinance No. 184957, effective November 25, 2011.)

 

A.  It is unlawful for any person to cause or permit to come in contact with any paved roadway, curb or sidewalk, any corrosive or other substance which may tend to disintegrate or injure such pavement.  This shall not apply to salt or salt mixtures placed thereon to melt snow or ice.

 

B.  It is unlawful for any person to cause or permit any object to fall upon or be placed upon any paved roadway, curb or sidewalk of such weight or other characteristic as to crack, break or disturb the pavement surface.  This shall not apply to ordinary wear and tear from vehicular traffic.

 

C.  It is unlawful for any person to cause or permit to be placed upon any pavement without immediately removing the same, any concrete, plaster or other material likely to adhere to the pavement.  However, during the course of construction upon adjacent property, the Director of the Bureau of Transportation may issue a permit for such activity if he or she determines that sufficient protection will be provided to prevent injury to the pavement.

 

D.  It is unlawful for any person to cause or permit any fire to be kindled or made upon any paved roadway, curb or sidewalk or to heat any material in close proximity to such paved surface.


17.40.020 Endangering Pavement.

(Amended by Ordinance No. 184957, effective November 25, 2011.)  In the course of construction under a permit issued by the City, it is unlawful for any person to cause or permit any undermining of any pavement not cut or to be replaced as a part of the work; to tunnel under street area without providing complete support of the pavement above such tunnel; to cause or permit to be washed away the ground or fill material supporting pavement; to make any excavation within street area pursuant to permit without securely and safely bracing such excavation so as to prevent the sides or walls of the excavation from falling or caving in; to cause or permit any excavation to be made on private property adjacent to street area without securely and safely bracing the wall or side of the excavation near the paved area so as to prevent falling or caving in and to protect the support of the pavement; or to cause or permit any other act to be done which would tend to endanger the direct or lateral support of the pavement.


17.40.030 Charges for City Patching of Roadway Areas.

(Amended by Ordinance Nos. 145974 and 173369, effective May 12, 1999.) Any person who has dug up or cut into the roadway surface of a street paved with bituminous paving may request the City to replace the roadway area by patching the pavement. This shall not apply to local improvements, public improvements under permit, or general maintenance of roadway areas by the City. The applicant shall first prepare the area, if the base has been disturbed, by removing any excavated material from below the pavement and filling and compacting the same to sub-base level with gravel, all at his own expense. The applicant shall pay for the repair on a cost basis. The cost basis will include the actual costs of all labor, equipment, materials and supervision required to do the work along with appropriate overhead costs as determined in accordance with provisions of the finance regulations.


17.40.040 Damages to Public Right-of-way.

(Added by Ordinance No. 184957, effective November 25, 2011.)

 

A.  If in the Director of the Bureau of Transportation’s opinion the public right-of way has been negligently or intentionally damaged, the Director of the Bureau of Transportation may act to identify the person responsible for such damage. The Director of the Bureau of Transportation may then issue a notice requiring the responsible person to repair and restore the public right of way to the Director of the Bureau of Transportation’s satisfaction.

 

B.  Once the responsible person has been notified to repair the public right-of-way to the Director of the Bureau of Transportation’s satisfaction, the responsible person shall undertake to make and complete the repairs within 20 days.

 

C.  If the responsible person fails, neglects or refuses to make repairs within the specified time, the Director of the Bureau of Transportation may;

 

1.  Institute an action before the Code Hearings Officer as set out in Title 22 of this Code, or

 

2.  Cause appropriate action to be instituted in a court of competent jurisdiction, or

 

3.  Taking such other actions as the Director of the Bureau of Transportation in the exercise of his or her discretion deems appropriate including, but not limited to, summary abatement.


17.40.050 Disposition of Asphalt, Concrete, Rock and Dirt.

(Added by Ordinance No. 185351, effective June 22, 2012.)

 

A.  All asphalt, concrete, rock and dirt removed from existing infrastructure in the public right-of-way shall be disposed of at the direction of the Director of the Bureau of Transportation who has the authority for the disposal of such materials.

 

B.  The asphalt, concrete, rock and dirt from existing infrastructure in the right-of-way are often recycled by the City into an aggregate and back fill products which the City uses as road base on residential streets, trench fill and back fill.  If the City generates more of these recycled products then it can use, the Director of the Bureau of Transportation may sell or donate the materials.

 

1.  Pricing of the materials to be sold shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

 

C.  The Bureau of Transportation, at the discretion of its Director, may levy a fee for accepting and processing asphalt, concrete, rock and dirt from third parties asphalt, concrete, rock and dirt for the purposes of recycling.

 

1.  Pricing of this service (tipping fee) shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

 

D.  Revenue generated by selling these materials and services shall be returned to the Bureau of Transportation.


17.40.060 Disposition of Leaves.

(Added by Ordinance No. 185351, effective June 22, 2012.)

 

A.  All leaves collected from the public right-of-way shall be disposed of at the direction of the Director of the Bureau of Transportation who has the authority for the disposal of such materials.

 

B.  The leaves collected from the existing right-of-way are often processed into compost which the City uses as erosion control and soil amendment.  If the City generates more of these recycled products then it can use, the Director of the Bureau of Transportation may sell or donate the materials.

 

1.  Pricing of the materials to be sold shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

 

C.  The Bureau of Transportation, at the discretion of its Director, may levy a fee for accepting and processing leaves or other matter consistent with composting from third parties for the purposes of recycling.

 

1.  Pricing of this service (tipping fee) shall be based on current market price and reviewed at least biannually by the Bureau of Transportation.

 

D.  Revenue generated by selling these materials and services shall be returned to the Bureau of Transportation.


Title 17 Public Improveme
Chapter 17.04 Definitions
Chapter 17.06 Administration of Public Works Permitting
Chapter 17.08 Local Improvement Procedure
Chapter 17.12 Assessments
Chapter 17.13 Parks and Recreation System Development Charge
Chapter 17.14 Financing Systems Development Charges
Chapter 17.15 Transportation System Development Charge
Chapter 17.16 General Provisions
Chapter 17.18 General Obligation Improvement Warrants
Chapter 17.19 Northwest Transportation Fund
Chapter 17.20 (Repealed)
Chapter 17.23 Special Traffic Control District
Chapter 17.24 Permits
Chapter 17.25 Sidewalk Cafes
Chapter 17.26 Sidewalk Vendors
Chapter 17.27 Structural Driveways
Chapter 17.28 Sidewalks, Curbs and Driveways
Chapter 17.30 (Repealed)
Chapter 17.32 Public Sewer and Drainage System Permits, Connections and Maintenance
Chapter 17.33 Required Public Sewer Connection
Chapter 17.34 Sanitary Discharges
Chapter 17.35 Septage Discharge
Chapter 17.36 Sewer User Charges
Chapter 17.37 Downspout Disconnection
Chapter 17.38 Drainage and Water Quality
Chapter 17.39 Storm System Discharges
Chapter 17.40 Protection of Public Right-of-Way
Chapter 17.41 Landslide Abatement
Chapter 17.42 Property Owner Responsibility for Streets
Chapter 17.44 Street Obstructions
Chapter 17.45 Advertising on Bus Benches
Chapter 17.46 Newsracks
Chapter 17.48 Moving Buildings
Chapter 17.52 Trees
Chapter 17.56 Public Utilitites
Chapter 17.60 Underground Wiring Districts
Chapter 17.64 Protection of City Owned Telecommunications Line and Equipment, Street Lighing and Traffic Signal Systems
Chapter 17.68 Street Lights
Chapter 17.72 (Repealed)
Chapter 17.76 Fuel Tanks
Chapter 17.80 Plats and Dedications
Chapter 17.82 Land Divisions
Chapter 17.84 Street Vacations
Chapter 17.88 Street Access
Chapter 17.92 Street Designation
Chapter 17.93 Renaming City Streets
Chapter 17.96 Surveys, Elevations and Monuments
Chapter 17.100 Remedies and Penalties
Chapter 17.102 Solid Waste & Recycling Collection
Chapter 17.103 Single-Use Plastic Checkout Bags