Title 11
PUBLIC IMPROVEMENTS
Chapters:
11.04 Sidewalks--Construction and Repair
11.05 Sidewalks, Curbs and Gutters
11.08 Street Obstructions
11.12 Breaking Glass on Streets
11.16 Street Naming and Numbering
11.18 Street and Alley Vacations
11.20 Benchmark
11.24 Construction, Repair and Maintenance of Public Rights-of-Way
11.28 State Specifications for Roads, Bridges and Municipal Construction
11.32 Development Guidelines and Public Works Standards
SIDEWALKS--CONSTRUCTION AND REPAIR
Sections:
11.04.010 Maintenance responsibility.
11.04.020 Unfit sidewalks--Notice to owner--Cost assessment.
11.04.030 Cost to become lien.
11.04.040 Definitions.
11.04.010 Maintenance responsibility.
Whenever any street, lane, square, place or alley in the city has been improved by the construction of a sidewalk or sidewalks along either or both sides thereof, the duty, burden and expense of maintenance, repair and renewal of such sidewalk or sidewalks shall devolve upon the property directly abutting upon that side of such street along which such sidewalk has been constructed as hereinafter provided.
(Ord. 384 (part), 1947).
11.04.020 Unfit sidewalks--Notice to owner--Cost assessment.
Whenever in the judgment of that officer or department which is or shall be charged with the inspection and care of the sidewalks along the public streets, lanes, squares, places and alleys, the condition of any sidewalk is such as to render the same unfit or unsafe for purposes of public travel, the officer or department shall thereupon serve a notice on the owner of the property immediately abutting upon said portion of said sidewalk of the condition thereof, instructing the said owner to clear, repair or renew the portion of the sidewalk. The notice provided for shall be deemed sufficiently served if delivered in person to the owner of the property or his authorized agent, or by leaving a copy of such notice at the home of the owner or authorized agent, or if the owner is a nonresident, by mailing a copy to his last known address, or if the owner of the property is unknown or if his address is unknown then such notice shall be addressed to General Delivery, Kalama. Such notice shall specify a reasonable time within which such cleaning, repairs or renewals shall be executed by the owner, and shall state that in case the owner fails to do such cleaning or to make such repairs or renewal within the time thereon specified, then the officer or department will proceed to clean said walk or to make such repairs or renewal forthwith, and will report to the city council at its next regular meeting, or as soon thereafter as possible, the date to be definitely stated, an assessment roll showing the lot or parcel of land immediately abutting on that portion of the sidewalk so improved, the cost of such improvement and repair and the name of the owner, if known, and the council will hear any or all protests against the proposed assessment.
(Ord. 384 (part), 1947).
11.04.030 Cost to become lien.
The council shall at the time, in such notice designated or at an adjourned time or times assess the cost of such work against said property in accordance with the benefits derived therefrom, which said charge shall become a lien upon said property and shall be collected by due process of law.
(Ord. 384 (part), 1947).
11.04.040 Definitions.
For the purposes of this chapter all property having a frontage upon the sides or margin of any street shall be deemed to be abutting property and such property shall be chargeable, as provided by this chapter for all cost of maintenance, repairs or renewals of any form of sidewalk improvement between the street margin and the roadway lying in front of and adjacent to said property, and the term "sidewalk, as extended" for the purpose of this chapter, shall be taken to include any and all structures or forms of street improvement included in the space between the street margin and roadway.
(Ord. 384 (part), 1947).
SIDEWALKS, CURBS AND GUTTERS
Sections:
11.05.010 Purpose.
11.05.020 Benefits.
11.05.030 Application.
11.05.040 Construction of sidewalks, curbs and gutters.
11.05.050 Construction required.
11.05.060 Specifications.
11.05.070 Effect to failure to construct.
11.05.080 Exemptions and limitations.
11.05.090 Appeal.
11.05.010 Purpose.
The purpose of this chapter is to provide for the uniform construction of sidewalks, curbs and gutters throughout the city, and to require that property owners who construct buildings, develop property, or perform a major remodel, be required to construct sidewalks, curbs, and gutters adjacent to their property or to contribute to a sidewalk fund.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.020 Benefits.
The uniform installation of sidewalks, curbs, and gutters will provide for safe pedestrian travel throughout the city and provide for the control of storm water runoff throughout the city.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.030 Application.
The provisions of this chapter shall apply to the following projects within all commercial and residential use districts within the city as defined in Kalama Municipal Code Chapter 17:
A. The construction of any structure with a value of thirty thousand dollars or more.
B. The remodel of an existing single family residence, duplex, triplex, or other multi-dwelling unit or commercial building, where the cost of the remodel exceeds thirty thousand dollars combined permits for a three-year period.
C. Construction of any project costing more than thirty thousand dollars for a three-year period.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.040 Construction of sidewalks, curbs and gutters.
No building permit or development permit shall hereafter be granted for the construction or improvement of any building, or remodel of an existing structure, or other projects where the cost of the project or multiple projects on the same property exceeds thirty thousand dollars over three years, unless the plans and specifications therefore contain provisions for the construction of curbs, gutters, and sidewalk or payment in-lieu-of into the city sidewalk fund.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.050 Construction required.
A. Any person who constructs or causes to be constructed any new building project or remodel in excess of thirty thousand dollars in valuation over a three-year period, within the city limits where the owners' property fronts on any dedicated street or other publicly owned street, shall construct curbs, gutters and sidewalks in accordance with the specifications in Section 11.05.060 along all street frontage adjoining the property upon which such building or structure exists provided that the requirement will be limited to construction only in the locations specified in the city's adopted sidewalk plan. Property owners will not be required to construct more than two hundred lineal feet of curbs, gutters, and sidewalks in a three year period.
B. The provisions of this section shall not apply where curbs, gutters and sidewalks in good repair already exist. Whether curbs, gutters and sidewalks in good repair already exist in accordance with the design specifications of Section 11.05.060, shall be determined in each instance by the director of public works, and an endorsement to that effect shall be made upon each building permit at the time of issuance. Sidewalks in poor condition must be repaired prior to receiving an endorsement from the director of public works.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.060 Specifications.
Any sidewalk, curb and gutter construction pursuant to this chapter shall comply with the following specifications:
A. All sidewalks in areas zoned residential shall be five feet in width.
B. All sidewalks in areas zoned commercial shall be eight feet in width,
C. All sidewalks shall be a minimum of four inches thick.
D. All sidewalks, curbs and gutters shall be built according to the standard specification for new street construction set forth in the city "Development Guidelines and Public Works Standards," and any amendments thereto, and all specifications required by the director of public works.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.070 Effect of failure to construct.
The building official shall refuse to issue an occupancy permit or, in the case of a remodel, sign a final inspection approval, unless curbs, gutters and sidewalks, where required by this chapter, are constructed and existing sidewalks are in good repair, or unless a surety to guarantee their construction is deposited with the city in a sum equal to the estimated cost of construction of such improvements as determined by the director of public works, and provided such construction of the improvements are completed within ninety days.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.080 Payment to sidewalk fund.
When, in the opinion of the director of public works, a sidewalk, curb and gutter cannot be constructed on or adjacent to an owner's property because of terrain, location, being inconsistent with the city's comprehensive sidewalk plan, or other factors, the owner may, contribute an amount of money equal to the product of the average cost per foot to construct sidewalks, curbs, and gutters multiplied by the number of lineal frontage feet of the property subject to this chapter, but in no event more than two hundred feet in a three-year period; into sidewalk fund No. 103, which shall be used to repair and construct sidewalks, curbs gutters and pedestrian trails within the city. The director of public works will calculate the lineal foot cost by consulting licensed construction firms in the area.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.085 Exemptions and limitations.
Sidewalk requirements will be waived if the streets adjacent to the parcel have sidewalks of good repair in place as identified in the city's most recently adopted sidewalk plan.
Only one half of the sidewalk requirement will be assessed if a property owner must build on the opposite side of the street to comply with the plan.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
11.05.090 Appeal.
Any person aggrieved by any decision of the director of public works under this chapter may appeal such decision to the city hearing examiner.
(Ord. 1068 § 3 (Exh. A (part)), 2001).
STREET OBSTRUCTIONS
Sections:
11.08.010 Encroachments prohibited.
11.08.020 Obstructions prohibited.
11.08.030 Violation--Penalty.
11.08.040 Violation of Section 11.08.020--Penalty.
11.08.050 Violation of Section 11.08.020--Infraction notice.
11.08.010 Encroachments prohibited.
From and after the passage and publication of the ordinance codified in this section, it is unlawful for any person or persons, company or joint corporation, or the agent thereof, to erect any building in such a manner that any part thereof shall encroach upon or project into any of the streets or alleys of the city.
(Ord. 87 § 1, 1902).
11.08.020 Obstructions prohibited.
No person shall play, place or cause to be placed, nor shall any parent or legal guardian allow, permit or cause any child under the age of sixteen years to play, place or cause to be placed on any sidewalk, crosswalk, alley or street any article or thing or engage in an activity in such manner as shall obstruct such street, crosswalk, sidewalk, alley or driveway approach thereto, unless a permit be first granted by the city.
(Ord. 1105 § 4(A), 1998: Ord. 954 § 1, 1996: Ord. 137 § 1, 1912).
11.08.030 Violation--Penalty.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.
(Ord. 911 § 1, 1995; Ord. 535 § 1, 1972).
11.08.040 Violation of Section 11.08.020--Penalty.
The parent or person in loco parenti to any child who violates Section 11.08.020 shall be guilty of an infraction punishable by not less than one hundred dollars nor more than five hundred dollar fine if the following conditions exist:
A. The child has received a notification of a violation of Section 11.08.020; and
B. The parent or person in loco parenti has received actual notice of the citation and a warning from the Kalama police department that they will be fined if another violation occurs within a one-year period.
(Ord. 1105 § 4 (B (part)), 1998).
11.08.050 Violation of Section 11.08.020--Infraction notice.
All infraction notices given to parents or persons in loco parenti shall state the date that a warning was issued regarding the child's previous violation of Section 11.08.020.
(Ord. 1105 § 4 (B(part)), 1998).
BREAKING GLASS ON STREETS
Sections:
11.12.010 Prohibited acts--Removal of broken glass.
11.12.020 Violation--Penalty.
11.12.010 Prohibited acts--Removal of broken glass.
It is unlawful for any person or persons, firm, corporation or association, to willfully break any glass, earthenware, glass bottle, or any other glass or earthenware container upon any of the streets or alleys within the city; provided, that should the breaking of such glass, earthenware, glass bottle, or other glass or earthenware container be done by accident, the breaker thereof or the person or persons responsible for the conduct of the person or persons doing such accidental breaking of glass, earthenware, glass bottles or other glass or earthenware container, shall immediately remove all the broken parts and fragments of the broken glass, earthenware, glass bottles or other glass or earthenware containers from the streets and the alleys within the city, then the fine and punishment hereinafter provided shall not be enforced for said accidental breaking, otherwise the penalty and fine attaches as though the breaking was willfully done.
(Ord. 315 § 1, 1925).
11.12.020 Violation--Penalty.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.
(Ord. 911 § 2, 1995; Ord. 535 § 1, 1972).
STREET NAMING AND NUMBERING
Sections:
11.16.010 Numbering system.
11.16.020 Naming system.
11.16.030 Drives.
11.16.040 Street name changes.
11.16.050 Numbers to be in compliance with those designated by clerk-treasurer.
11.16.010 Numbering system.
For purposes of this chapter the Pacific Highway and the Northern Pacific Railway shall be deemed the dividing line between the east and west parts of the city, and Elm Street and Elm Street extended west shall be the dividing line between the north and south parts of the city, thus creating four geographical areas, that is, the northwest, the north, the south and the southwest; and appropriate abbreviations of the same, that is, N.W. for northwest, N. for north, etcetera, shall be used after each address number to assist in indicating its location, as 197 Kingwood Street N.W. All house numbering shall comply with the general rule of even numbers on the north and east side of the street and odd or uneven numbers on the south and west side of the street. House numbering on streets running easterly from the Pacific Highway shall begin at the east side of the highway with 50 and run to 99 at First Street N. or S.; then easterly from First to Second using the numbers 101 to 199, or 100 numbers to each block and skipping about eight numbers between each possible house number, thus the numbers on the north side of a street between First and Second Streets would be 108, 116, 124, 132----180, 188, 196 and on the south side the numbering would be 109, 117, 125, 133----181, 189, 197. This method allows one number for each twenty-five feet of lot or street frontage and the skipped numbers may be used where there is more than one occupancy in a twenty-five foot space. The number of skipped numbers will vary with the length of the block, the longer the block the fewer the numbers skipped and the shorter the block the more numbers skipped. The streets west of the railroad will be called First Street N.W., Second Street N.W., Kingwood Street N.W., First Street S.W., Linden Street N.W. and so on, with the numbers running from east to west on the named streets. The numbers on the named streets east of the Pacific Highway will run from west to east. The numbering on the north-south streets north of Elm Street or Elm Street extended west, will run from Elm Street to the north, and from Elm Street to the south, both east and west of the highway and railroad.
(Ord. 846 (part), 1993; Ord. 447 § 1, 1958).
11.16.020 Naming system.
All east-west streets shall be designated by names in alphabetical order and such names shall be confined as far as possible to the names of trees or plants, and such names shall begin with the street at the south edge of the present city limits and run north. If and when streets are needed on the west side of the railroad they shall be extensions of the streets on the east side of said railroad, except that to the name of any such street shall be added the abbreviation to indicate its location, as Ivy Street N.W., etc. All north-south streets shall be numbered streets, beginning as at present with First Street which is the first street east of the Pacific Highway, then Second Street, and so on. Where the joining of streets in one addition with those of another addition result in more streets than there are on the basic addition, then the extra streets may be called places, with a designation to denote their place in the system, as a street east of Second Street lying between Second and Third Streets shall be named Second Place, that is, Second Place should be east of Second Street, Third Place east of Third Street, in this case the house numbers should be arranged so that one hundred numbers only are used between Second and Third Streets, thus all, and also only, the "200" numbers will be found between Second Street and Third Street even though Second Place intervenes.
(Ord. 447 § 2, 1958).
11.16.030 Drives.
A street which follows a convenient topography and does not conform to any map or plan shall be called a drive, adding, if possible, a word which would indicate its location (e.g. South Military Drive). In case it is necessary to have a street between two regularly named east-west streets, its name should have as its first syllable the name of the regularly named street on the south as a part of its name, for example, any streets between Ash and Birch Streets should be named Ashdale, Ashland, or Ashville, thus preserving the alphabetical and positional arrangement.
(Ord. 846 (part), 1993; Ord. 447 § 3, 1958).
11.16.040 Street name changes.
In accordance with the foregoing, the name of Columbia Street shall be changed to Locust Street N.W., in deference to its location between Linden and Maple Streets; the north-south street beginning at Date Street S.E. in the middle of Block Three, Cannon's First Addition, running south near the Old Pacific Highway to the south city limits, shall be called First Place S.; Cannon Street in Cannon's First Addition shall become a part of Second Street S.; Washington Street in Imus Second and Third Additions and Sullivan Street in Cannon's Second Addition shall be changed to Second Place N. and S. respectively; Harrison Street in Imus Second and Third Additions, and Chapman Street of Court House Addition shall be changed to Third Street N. and S. respectively; Fallert Street in Imus Second and Third Additions, and Imus Street in Imus Addition, and Hunt Street in Court House Addition shall be changed to Third Place N. and S. respectively; First Street in Northern Pacific Addition and Lamb Street in Court House Addition shall be changed to Fourth Street N.E. and S.E. respectively; Second Street in Northern Pacific Addition shall be changed to Fourth Place N.; Third Street in Northern Pacific Addition and Spur Street in Court House Addition shall be changed to Fifth Street N. and S. respectively; Fourth Street in Northern Pacific Addition shall be changed to Fifth Place N.; Kalama Street in Court House Addition shall be changed to Sixth Street S.; Tacoma Street in Court House Addition shall be changed to Seventh Street S.; Seattle Street in Court House Addition shall be changed to Eighth Street S.; Whatcom Street in Court House Addition shall be changed to Ninth Street S.; Spokane Street in Court House Addition shall be changed to Tenth Street S.; Pasco Street in Court House Addition shall be changed to Eleventh Street S.; Field Street in Court House Addition shall be changed to Twelfth Street S.; New York Street and Olympia Street shall be changed to Ash Street S.; River Drive in Riverview Park Addition shall be changed to Ashland Street S.; the east-west portion of the Old Pacific Highway, Chicago Street in Cannon's Second Addition and Main Street of Court House Addition shall be changed to Cedar Street S.; Church Street in Court House Addition shall be changed to Date Street S.; Commercial Street in Court House Addition shall be changed to Birch Street S.; the east-west street between Washington and Fourth Streets shall be a part of Holly Street N.; Evergreen Street in Imus Second Addition and Dunkel Avenue in Northern Pacific Addition shall be changed to Ivy Street N.; Clark Street in Imus Second and Third Additions and Kleeb Avenue in Northern Pacific Addition shall be changed to Juniper Street N.; Barlow Avenue in Northern Pacific Addition shall be changed to Kingwood Street N.; Hyack Street in Parker's Addition shall be changed to Hendrickson Drive; Alki Street in Parker's Addition shall be changed to Second Street N.W.; Alta Street and Watson Street in Parker's Addition shall be changed to Third Street N.W.; Park Drive or Parkland Addition shall be changed to Park Drive S.; River Street and the alley immediately east of the Pacific Highway shall be considered as an integral part of and known as the Pacific Highway; and the Old Pacific Highway from Kingwood Street to the north city limits shall be known as N. Meeker Drive; and the Cloverdale Road shall be now known as S. Military Drive.
(Ord. 846 (part), 1993; Res. 194, 1981; Ord. 447 § 4, 1958).
11.16.050 Numbers to be in compliance with those designated by clerk-treasurer.
Any person desiring to put house numbers on his property shall, in order to insure compliance with this chapter, use only the numbers designated by the city clerk-treasurer.
(Ord. 447 § 5, 1958).
STREET AND ALLEY VACATIONS
Sections:
11.18.010 State law to govern procedure.
11.18.020 Fees and costs.
11.18.030 Cancellation of petition for failure to pay fees, costs, etc.
11.18.010 State law to govern procedure.
The method of handling petitions for vacations of streets or alleys within the city shall be as prescribed by RCW Chapter 35.79, as currently enacted.
(Ord. 628 § 2, 1979).
11.18.020 Fees and costs.
A. In addition to the requirements of RCW Chapter 35.79, any petition seeking the vacation of any street or alley, or portion thereof, within the corporate limits of the city, shall be accompanied by a filing fee as established by resolution of the city council, which fee shall be nonrefundable. In addition to this filing fee, the persons filing such a petition shall pay to the city the actual costs incurred by the city in connection with such petition, and all actions taken pursuant thereto, for copying, publication costs, postage and recording fees. These costs must be paid as prerequisite to processing the street vacation.
B. If the city determines to grant said petition or any part thereof, the ordinance vacating the street shall provide that the ordinance will not become effective until the owners of property abutting upon the street or alley, or part thereof so vacant, shall compensate the city as follows: (1) if the street, alley or portion thereof has been part of a dedicated public right-of-way for twenty-five (25) years or more, or if the property or portion thereof were acquired at public expense, the abutting property owners shall compensate the city in an amount that does not exceed the full appraised value of the area vacated; (2) if the street, alley or portion thereof cannot be categorized as set forth in the preceding subsection (1), the abutting property owners shall compensate the city in an amount that does not exceed one-half the appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easement in respect to the vacated land for the construction, repair and maintenance of public utilities and services. One-half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects in the city.
(Ord. 1119 § 11, 2003: Ord. 628 § 3, 1979).
11.18.030 Cancellation of petition for failure to pay fees, costs, etc.
In the event any of the fees, costs or appraised value of the vacated property as set forth in Section 11.18.020 is not paid to the city within sixty days following demand for payment thereof by the clerk-treasurer, such petition for vacation shall thereupon be deemed void, canceled and of no further force and effect.
(Ord. 628 § 4, 1979).
BENCHMARK
Sections:
11.20.010 Established.
11.20.010 Established.
The benchmark or base as a starting point from which the grades of all the streets in the city shall be established, shall be the top of a piece of steel rail about three feet long, set in the ground at the common center of Fir and First Streets, the top of said iron post being about eight inches below the present surface of the ground, and at an assumed elevation of ten feet prepared by F. M. Lane, which said plat or profile is now on file in the office of the city clerk-treasurer. Whenever the city council establishes a grade on any of the streets of the city, the elevation shall be computed from the benchmark thereby established, and the same shall commence with the number of feet or inches above or below said benchmark.
(Ord. 64 § 1, 1894).
CONSTRUCTION, REPAIR AND MAINTENANCE OF PUBLIC RIGHTS-OF-WAY
Sections:
11.24.010 Purpose.
11.24.020 Definitions.
11.24.030 Construction in public right-of-way permit required.
11.24.040 Exemptions.
11.24.050 Application--Fees.
11.24.060 Minimum standards--Special conditions.
11.24.070 Permit fee.
11.24.080 Failure to comply with permit--Work stoppage--Revocation of permit--Damages.
11.24.090 Revocation of or changing permit--Appeal.
11.24.100 Liability for defective work.
11.24.110 Purpose for imposition of fees.
11.24.120 Civil penalty.
11.24.130 Violation--Penalty.
11.24.010 Purpose.
The indiscriminate and uncontrolled performance of work within the right-of-way of public streets, alleys, sidewalks, and other public ways by persons using unsafe material and/or improper methods is hazardous to the health, safety and welfare of persons using such streets, alleys, sidewalks, and other public ways and is costly to the city in subsequent repairs and/or maintenance. In order to be assured that all work performed by persons within such streets, alleys, sidewalks, and other public ways is in accordance with the minimum standards of the city, it is necessary that the city, in the exercise of its police power, establish regulations governing the same.
(Ord. 991 § 1, 1998).
11.24.020 Definitions.
The following terms when used in this chapter shall be construed to mean as follows:
"Alley" means a duly dedicated public alley.
"Person" means the plural as well as the singular, and shall include any individual, firm, partnership, association, group, corporation, or other entity.
"Right-of-way" means all real property owned or held by the city in fee, or by way of easement, or dedicated to the public and located within the city, and used or intended for use as a street, alley, sidewalk, planting strip, public way, or easement fro public or private utilities, whether developed or undeveloped.
"Sidewalk" means a concrete walk for pedestrian use outside the building lot line of any property owned and constructed for use by the general public.
"Street" means a duly dedicated public street.
(Ord. 991 § 2, 1998).
(Ord. No. 1225, § 1, 9-3-2008)
11.24.030 Construction in public right-of-way permit required.
No public alley, sidewalk, street, public way or right-of-way within the city, whether the same is developed or undeveloped, shall hereafter be constructed, maintained or repair work be performed within the area of any such public alley, sidewalk, street, public way or right-of-way without a written permit therefor being first duly obtained from the office of the director of public works. The terms "constructed, maintained or repaired" shall, for purposes of this chapter, be deemed to include the excavation, removal, and/or placement of soils, the placing or planting of any permanent vegetation or plants that are planted at a depth of more than six inches and/or would grow to a height greater than three feet including but not limited to trees, shrubs and bushes, concrete and/or asphalt and the construction of embankments necessary or desirable to facilitate the installation, repair, replacement, maintenance or removal of any driveways, curbs, drains, or other structures, service or improvements. Violation of this provision by any person shall be subject to the civil penalties set forth in Section 11.24.120.
(Ord. 991 § 3, 1998).
(Ord. No. 1225, § 2, 9-3-2008)
11.24.040 Exemptions.
Sections 11.24.030, 11.24.050, 11.24.060, 11.24.070 (except subsection (B)(4) thereof), 11.24.080, 11.24.090, 11.24.110 and 11.24.120 of this chapter shall not apply to any of the following:
A. Construction or maintenance projects undertaken by a utility or the city pursuant to a contract between the city and its contractor; or construction or maintenance projects undertaken by city departments;
B. Work allowed and approved by other permits issued by the city;
C. Those uses which the director of public works finds to be of a nature for which a permit is not justified;
D. Emergency repairs to existing facilities;
E. All services drops not requiring an underground street crossing or sidewalk repair; and/or
F. Utility maintenance or repair work not requiring extensive excavation.
G. The planting of annuals, perennials or bulbs at a depth of six inches or less and grow to less than three feet in height.
(Ord. 991 § 4, 1998).
(Ord. No. 1225, § 3, 9-3-2008)
11.24.050 Application--Fees.
Permits required pursuant to this chapter shall be issued by the public works department upon receipt of a written application therefor and upon the payment of the required permit fee in accordance with Section 11.24.070 of this chapter. The application shall be on a form provided by the director of public works and shall require the following minimum information:
A. The name and address of the applicant, and if the applicant is a corporation or similar entity, the name and address of its agent;
B. A description of the intended work to be performed, the anticipated commencement and ending construction dates;
C. Plans for the proposed work or, in the event of minor work as determined by the director of public works, a sketch in a format satisfactory to the director of public works. The Development Guidelines and Public Works Standards included in the edition of the APWA Standard Specifications as adopted by the Kalama city council shall be used.
(Ord. 991 § 5, 1998).
11.24.060 Minimum standards--Special conditions.
All work to be performed in accordance with this chapter shall conform to the minimum requirements of the Development Guidelines and Public Works Standards as adopted by the Kalama city council and in effect at the time the permit for such work is issued, or, if no permit is required, in effect at the time such work is performed. In addition, the city director of public works, in order to maintain the integrity of existing improvements and to provide for public health, safety and welfare, may impose such additional terms upon such permits, at the time such permits are issued, as shall be deemed necessary; provided, however, in the event other underground facilities are encountered during the course of work authorized by any permit, the city director of public works shall have the authority to modify the permit after its issuance as so to prevent interference with such other underground facilities.
(Ord. 991 § 6, 1998).
11.24.070 Permit fee.
A. Payment Required. Fees provided pursuant to this chapter shall be paid prior to the issuance of permits or included on a scheduled billing option approved by the city of Kalama clerk-treasurer.
B. Fee. Fees may be waived by the Kalama city council or by the city's director of public works if the projects include significant improvements to city-owned infrastructure such as installation of city pipes in permittee's open trenches. The fees shall be as established by resolution of the city council. Fees are to be waived for projects costing less than two hundred fifty dollars.
C. Inspections. Inspection fees shall be as established by resolution of the city council. Inspection fees may be waived for projects costing less than two hundred fifty dollars or if no inspection is required.
D. Special Provisions Relating to All Underground Installations. For installations beneath sidewalks, curbs, gutters, and/or street and alley pavement, the permittee may, at the discretion of the city engineer, be required to provide field density testing by a certified construction testing laboratory, at permittee's sole cost and expense.
(Ord. 1143 § 6, 2004: Ord. 991 § 7, 1998).
11.24.080 Failure to comply with permit--Work stoppage--Revocation of permit--Damages.
In the event that a permit holder should, in the performance of work under such permit, fail to comply with the terms thereof, or perform the work in accordance with such terms, the director of public works may order that all work pursuant to such permit be halted until in compliance with such permit. If within thirty days after such stoppage of work, the permit holder has not complied with such permit terms, the city director of public works may revoke the permit. In the event that it is necessary or the city to perform work to correct defective work or materials of any permit holder after revocation of such permit, the city shall have the right to recover from such permit holder the cost of such work performed by the city.
(Ord. 991 § 8, 1998).
11.24.090 Revocation of or changing permit--Appeal.
Any action of the city director of public works revoking or changing conditions of a permit issued pursuant to this chapter shall be appealable to the Kalama city council within ten days thereafter, which appeal shall be upon written notice to the mayor, and which appeal shall be considered within ten days after receipt thereof by the mayor. In the absence of the mayor, such appeal procedure shall be directed to the city clerk-treasurer.
(Ord. 991 § 9, 1998).
11.24.100 Liability for defective work.
In the event that any work performed pursuant to this chapter should be improperly performed, or should become defective within one year after the termination of the permit or the conclusion of the work, the person to whom the permit was issued shall be responsible for correcting such defective work or paying the cost of such correction. Defective work shall include, but not be limited to, settlement within the areas of excavation or embankment, or pavement failure. Upon notification of the existence of such defective work, the holder of such a permit shall take immediate steps to remedy such defective work.
(Ord. 991 § 10, 1998).
11.24.110 Purpose for imposition of fees.
The fees for permit in this chapter shall not be deemed to be fees for use of streets, alleys, sidewalks, or other public ways. The fees imposed pursuant to this chapter are for the sole purpose of defraying the costs connected with the administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter.
(Ord. 991 § 11, 1998).
11.24.120 Civil penalty.
A. Subject to the exemptions as set forth in Section 11.24.040 of this chapter, any person as defined in Section 11.24.020 of this chapter which shall do any construction within a city right-of-way as defined in Section 11.24.030 without obtaining a permit and paying the required fees shall be assessed a civil penalty by the director of public works as follows:
1. As to the first violation, a fine of not less than two times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
2. As to the second violation within a one-year period, a fine of not less than four times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
3. As to the third or more violations within a one-year period, a fine of not less than ten times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
B. All fines and assessments shall be paid to the clerk-treasurer and shall be added to the city of Kalama sidewalk repair fund.
C. Any person assessed a fine under this section may appeal the amount of the assessment to the city council at its regular meeting.
(Ord. 991 § 12, 1998).
11.24.130 Violation--Penalty.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.
(Ord. 911 § 4, 1995; Ord. 535 § 1, 1972).
STATE SPECIFICATIONS FOR ROADS, BRIDGES AND MUNICIPAL CONSTRUCTION
Sections:
11.28.010 Adopted.
11.28.010 Adopted.
The city adopts the 1994 edition of WSDOT/APWA Standard Specifications for Roads, Bridges, and Municipal Construction.
(Ord. 911 § 5, 1995; Ord. 796 § 1, 1991).
DEVELOPMENT GUIDELINES AND PUBLIC WORKS STANDARDS
Sections:
11.32.010 Adopted.
11.32.010 Adopted.
The city of Kalama adopts the city of Kalama Development Guidelines and Public Works Standards as revised in April 2005 by Gray and Osborne Engineers Inc.
The provisions of this resolution shall not supersede any other requirements for determining the lowest, responsible, qualified bidder or contractor.
(Ord. 1163 §§ 1, 2, 2005: Ord. 992, 1998).