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HomeMy WebLinkAboutOrd 0563 - Permits for Use and Occupation of Public Streets and Places (Repealed by Ord 1995) s 2 M CITY OF TUKW WASHINGTON Arne 89 131 ORDINANCE NO. ,5 3 /epa(eo1 by 1gg6 AN ORDINANCE relating to and regulating the use and occupation of and the conduct of persons in and upon the public streets and places within the City of Tukwila, providing for certain permits and fees in connection therewith, prescribing penalties, defining offenses and repealing Ordinances 32, 108, 120, and 267. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. STREET USE ORDINANCE This ordinance shall constitute the "Street Use Ordinance" of the City of Tukwila and may be referred to as such. 1 Section 2. EXERCISE OF POLICE POWER This ordinance is declared to be an exercise of police power of the City of Tukwila for the public safety, health and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. Section 3. PROSECUTION OF CAUSE PRIOR TO ORDINANCE Nothing in this ordinance shall prevent the prosecution under any ordinance repealed hereby of a cause arising prior to the time this ordinance shall become effective nor shall the same affect any prosecution or proceeding now pending in any court for the violation of such former ordinance, nor shall anything herein contained be held to apply to obstructions or encroachments in the streets which have been heretofore lawfully constructed, erected and maintained. Section 4. RIGHT TO PROSECUTE CIVIL ACTION Nothing in this ordinance shall be construed to curtail or abridge the right of anyone to prosecute a civil action for damages by reason of injury to person or property resulting from the negligent use by any other person of any public place or the space above or beneath the same, nor shall the issuance of a permit hereunder by construed as relieving the persons accept- ing the same, or anyone, from liability over to the City, nor from any damages accru- ing to or suffered by anyone, caused by the occupation, obstruction of or encroach- ment on, any public place. 11 01 Section 5. VALIDITY If any portion of this ordinance shall be declared invalid, it shall not thereby affect the validity of the remaining portions. Section 6. DEFINITIONS The words and pharses herein used, the same shall be clearly contrary to, or inconsistent with the context of the ordinance or the section in which used, shall be construed as follows: "Adjacent property" means and includes the property abutting the margin of a public place contiguous and with reference to said public place. "Public Place" means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks and planting (parking) strips, squares, triangles and rights of way open to the use of the public, and the space above or beneath the surface of the same. "Driveway" means and includes that portion of a public place which provides access to an offstreet vehicular facility through a depression in the constructed curb or, when there is no constructed curb, that area in front of such vehicular facility as is well defined or as is designated by authorized signs or markings. "Residence Property" means and includes any property designated in the "Zoning Ordinance of Tukwila" as: R -1, R -2, R -3, R -4, and R H, except when occupied or being improved by a conditional or nonconforming use. "Business Property" means and includes all properties not included in "Residence Property" defined herein. "Sign" means any medium, including its structure and component parts. which is used or intended to be used out of doors to attract attention to the subject matter for advertising purposes, other than paint on the surface of a building. "Banner" means and includes any pliable material stretched over or across any public place. "Use" means and includes to move any building along or across any public place; or to use or occupy any public place for the storage or placement of any material, equipment or thing; or to operate any cleated or tracked vehicle in any public place; or to allow any vehicle to be in or upon any public place other than that portion used as a roadway; or to remove, injure or destroy any tree, flower, plant or shrub in any public place; or to deposit or permit the deposit of any liquids which cause a noxious effluvia upon a public place; or to kindle, make or have any fire on any public place; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement, or to alter the established grade of any street, or to disturb the surface or dig up, cut, excavate or fill in any public place; or construct, recon- struct, maintain or remove any sidewalk, or crosswalk, pavement, sewers, watermains, grading, street lighting, or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along or over any public place. Words in the present tense shall include the future tense; words in the masculine gender shall include the feminine and neuter genders and words in the singular shall include the plural and plural words shall include the singular. Section 7. LEGAL USE OF STREETS It shall be unlawful for anyone to use any public place, for private purposes, without a written permit from the City Supervisor and /or City Engineer of the City of Tukwila so to do, and without complying with all the provisions of this ordinance in relation thereto; provided that nothing herein contained shall apply to street maintenance work performed by the City, street or sewer installation and improvement work authorized by ordinance, or street improvement projects under contract with the City. Section 8. APPLICATION FOR PERMIT Applications for permits herein provided for shall be filed with the City Supervisor and /or City Engineer upon a form supplied by him. Such applications may be directed to the Street Committee of the City Council and shall contain: (1) an accurate description of the public place or portion thereof desired to be used as herein specified, (2) the use desired to be made of such public place by the applicant, (3) the plans and specifications for any utility or structure desired to be constructed, erected or maintained by the applicant in or on a public place, and (4) where it is desired to construct in areaway, or fuel opening, sidewalk elevator or door, a certificate from the City Supervisor and /or City Engineer, showing the applicant to be the record owner of the premises abutting and in connection with which such areaway, fuel opening, sidewalk elevator or door is to be constructed. Section 9. PROCESSING OF APPLICATIONS The City Supervisor and /or City Engineer shall examine each application to determine if it complies t'rith the provisions of this ordinance relating thereto. The City Supervisor and /or City Engineer may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit shall be granted and shall endorse his findings on such application. Any application for a permit to construct, erect or maintain a sign, or any structure in a public place, shall be reviewed by the City Supervisor and /or City Engineer who shall ascertain if the plans and specifications conform to the regulations pertaining to safety, material and design of the Tukwila Building and Zoning Code. The City Supervisor and /or City Engineer shall then endorse his findings on the application and issue the permit or refer it to the Street Committee. 2 The Street Committee may review the application and if it conforms to the require- ments of this ordinance pertaining thereto, and also that the proposed use of such public place will not unduly interfere with the rights of the public, then the City Supervisor and/or City Engineer shall fix the time for which the permit may be granted and shall issue a permit upon the applicant's compliance as herein specified with the provisions of this ordinance relative to indemnity. Section 10. INDEMNITY FUND ON APPROVED APPLICATIONS FOR PERMITS If the City Supervisor and /or City Engineer and /or Street Committee determines that there is a probability of injury, damage, or expense to the City arising from an applicants proposed use of any public place, the applicant shall make a cash indemnity deposit with the Treasurer of the City of Tukwila, and take his receipt therefor. The amount of the cash deposit shall be determined by the Street Committee or the City Super- visor and/or City Engineer at the time of approving the application and shall be governed by the anticipated amount and extent of injury, damage or expense to the City as determined by the Street Committee or the City Supervisor and /or City Engineer. The applicant shall show proof of deposit to the City Supervisor and /or City Engineer before receiving his permit. Such indemnity fund shall be used to pay the cost plus 15% there- of of inspections, surveys, plans and other services performed by City, of restoring the street and removing any earth or other debris from the street, the replacement of any utility interrupted or damaged, or the completion of any work left unfinished, and any other expense the City may sustain in conjunction with the permitted work. The balance of the cash indemnity fund, if any, after the foregoing deductions shall be returned to the applicant. If the indemnity deposit be insufficient, the applicant will be liable for the deficiency. If the City Supervisor and /or City Engineer or the Street Committee determines that engineering studies must be made prior to the approval of any application for permit, the cost of such study shall be paid for by the applicant, or deducted from his indemnity deposit. The applicant in lieu of, or in addition to, said cash indemnity fund may, as approv- ed or required by the Street Committee or the City Supervisor and /or City Engineer, file with the City Clerk a surety bond approved as to surety by the Mayor, and as to form by the City Attorney, which said bond shall assume all the requirements provided in the above paragraph in relation to a cash indemnity fund, shall run for the full period of said permit, and shall be in an amount to be fixed by the Street Committee or the City Supervisor and /or City Engineer, and conditioned that such applicant shall faithfully comply with all the terms of said permit and all the provisions of this and all other ordinances of the City of Tukwila, and indemnify and save the City of Tukwila free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in said application. If said application shall be to construct, reconstruct, repair, maintain, or remove, any sidewlak, pavement, sewers, watermains, grading, street lighting, or appurtenances thereto, the applicant shall file with the City Clerk a surety bond of a form approved as to surety by the Mayor and as to form by City Attorney, which said bond shall run for the full period of said permit plus two years after the acceptance of the permitt- ed work by the Street Committee or the City Supervisor and /or City Engineer, and shall be in an amount fixed by the City Supervisor and /or City Engineer and conditioned that said applicant shall faithfully complete all portions of the work according to the Plans and Specifications of the City of Tukwila, and the Plans approved by the City Supervisor and /or City Engineer. Section 11. I'VDEMNITY OR CASH DEPOSIT FOR ONE OR MORE PERMITS Where it is probable that more than one permit will be desired, in the alternative to making an indemnity deposit for each permit, as provided for in the foregoing section, the applicant may deposit with the City Treasurer in the "Guaranty Deposit Fund," the sum of Five Hundred Dollars ($500.00). The applicant shall replace said sum from time to time, whenever such sum shall have been reduced to the sum of Three Hundred Dollars ($300.00) or less, or to a sum smaller than is required for the permit applied for when so notified by City Supervisor and /or City Engineer, provided that this section shall not apply when the sum required for one or more permits shall exceed Five Hundred Dollars ($500.00). 3 If an applicant shall be periodically using public places, the City Supervisor and/ or City Engineer may require said applicant to post a surety bond of sufficient amount to cover the accumulated cost or risk involved at any certain time in a calendar year for a number of permits outstanding, as determined by the City Supervisor and /or City Engineer, said bond to be in force during the period of all outstanding permits, but in no case for less than two (2) years. Said bond shall be of a form approved by the City Attorney, conditioned to assume all of the requirements provided in the previous sections of this ordinance in relation to a cash indemnity fund. Licensed side sewer contractors who post such a 2 -year bond under the provisions of this ordinance shall not be required to post an additional surety bond specifically covering work under separate side sewer ordinances in the same manner as provided by bonds posted pursuant to said side sewer ordinances and the License Code. However, if at any time any applicant shall apply for a permit to use a public place above or below the surface of the same, and in the opinion of the City Supervisor and /or City Engineer the work or risk involved in said application shall, together with other permits outstanding in the name of the applicant, exceed the amount of the then presently posted surety bond, the applicant may be required to post an additional or separate surety bond to cover the additional risk or work involved prior to the issuance of any new permits. Said bond shall remain in force during the period of all outstand- ing permits, but in no case for less than two years. Also, the City Council may require any permittee to post a surety bond in the calendar year following the period of a permit when the extent of possible damage to a public place has not been completely determined. Section 12. INDEI IIITY TO SAVE CITY HAR] 1ESS FOR CLAIMS If the application for a permit be to construct or maintain an areaway, fuel opening, sidewalk elevator or door, or to use or occupy the planting (parking) strip by erecting a bulkhead, steps, retain- ing wall, rockery, structure, or any facility therein, in addition to the foregoing cash indemnity fund, the owner of the premises in front of which, and in connection with which, the same is to be constructed, erected, maintained, used or occupied, and any existing lessee, sub lessee, tenant and sub tenant using or occupying the basement of the premises in connection with which such structure is to be used, before the permit is issued, shall, in the manner provided by law for the execution of deeds, execute and deliver to the City of Tukwila upon a form to be supplied by the City Super- visor and /or City Engineer, an agreement in writing, signed and acknowledged by such owners and by any such existing lessee, sub lessee, tenant and sub tenant, and contain- ing an accurate legal description of said premises and a covenant on the part of such owner, lessee, sub lessee, tenant and sub tenant, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sub lessees, tenants and sub- tenants, forever to hold and save the City of Tukwila free and harmless from any and 4 all claims, acrions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of such public place, or of the construction existence, maintenance or use of such structure. If the application for a permit be to construct and maintain an areaway, such agreement shall also contain a covenant on the part of the persons or corporations executing the same, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sub- lessees, tenants and sub tenants, assuming the duty of inspecting and maintaining all services, instru— mentalities and facilities installed in the areaway to be constructed or occupied under authority of such permit, and assuming all liability for, and saving and holding the City of Tukwila harmless from any and all loss, damage or injury that may result to his or their own person or property, or the person or property of another, by reason of such services, instrumentalities or facilities. In addition such agreement shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon thirty (30) days' notice, posted on the premises, or by publication in the official newspaper of the City of Tukwila, or without such notice, in case the permitted use shall become dangerous or such structures shall become insecure or unsafe, or shall not be construct- ed, maintained or used in accordance with the provisions of this ordinance, the same may be revoked and the structure and obstructions ordered removed. Every such agree- ment, after if has been received in his office and numbered, and after the same has been recorded, shall be retained by said City Clerk in the files and records of his office. 4 Section 13. REVOCATION OF PERMITS All permits granted under the provisions of this ordinance for the use of any "Public Place" shall be wholly of a temporary nature, shall vest no permanent right; and shall be issued and may in any case be revoked by the City Council upon thirty (30) dayst notice; or without notice, in case any such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this ordinance. If any such structure or obstruction, or use or occupancy, is not discontinued on notice so to do by the City Council, the City Supervisor and/or City Engineer may forth- with remove such structure or obstruction from such place, or make such repairs upon such structure or obstruction as may be necessary to render the same secure and safe, at the expense of the grantee of the permit, or his successor, and such expense may be collected in the manner provided by law; and the City Council may require a surety bond in such connection. The City Supervisor and /or City Engineer of the City of Tukwila is hereby further authorized and directed to prepare and adopt a schedule of fees applicable to all such permits heretofore or hereafter issued commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits and the use thereby granted, and any such schedule, when approved by the City Council of the City of Tukwila by resolution, shall govern the avount of the fee for any such permit which shall be collected by the City Clerk as a condition to the issuance or continuance of any such permit; and in order to effectuate collection of such fees the City Super- visor and /or City Engineer shall promptly notify holders of outstanding permits issued pursuant to previous ordinances of the City of Tukwila, from time to time, to pay the applicable fee or the permit will be revoked. Section 14. ISSUANCE OF PERMITS Upon approval by the City Supervisor and /or City Engineer of an application for the use or occupation of a public place, the City Super- visor and /or City Engineer shall issue a permit therefor. The original permit shall remain in the custody of the City Supervisor and /or City Engineer and a carbon copy shall be given to the grantee. Section 15. SAFETY AND BUILDING CODE CONPLIANCE All work to be done under the authority of this ordinance shall be accomplished in compliance with the Uniform Building Code and the State Safety Code, and shall diligently proceed without undue delay or inconvenience to the public. Section 16. DRIVEWAYS A driveway must be constructed to provide access from a public place over and across a concrete curb and gutter and sidewalk to the adjacent property. Temporary permission may be granted by the City Supervisor and /or City Engineer to plank a curb and walk while gaining temporary access to property, but the practice must be discontinued immediately upon notice from the City Supervisor and /or City Engineer. When driveways are no longer usable or needed to provide vehicular access onto private property, the owner of the adjacent property shall remove the driveway and restore the concrete curb and gutter and the sidewalk and planting (parking) strip. Upon failure of the owner of the adjacent property to so do, the City Council may direct the City Supervisor and /or City Engineer to perform such restoration and bill the cost thereof to the property owner. All driveways constructed on public places where paved roadways and curbs exist shall be constructed according to the Standard Plans and Specifications of the Depart- ment of the City Supervisor and /or City Engineer. Section 17. BUILDING OPERATIONS IN PUBLIC IC PLl? CES In any district when a building is to be erected, razed, repaired or altered the following specifications shall be complied with by the owner of the building or his agent: A. An application shall be filed with the City Supervisor and /or City Engineer 5 for use of street or walk area deemed necessary for building operations. Said appli- cation shall also specify the period of time he desires to use the specified area. The City Supervisor and /or City Engineer will investigate the area adjacent to the place of such building construction, demolition or repair as to the traffic carried by the roadway and walks, and as to the inconvenience and hazard to the public. This application shall be accompanied by a plan of the definite limits of areas desired for use and is to be confined to and abutting the property to be improved, provided that upon written permission of other adjacent property owners filed with said application and approved by the City Supervisor and /or City Engineer, said street use may extend beyond the limits of the improvement. Such use of walk or street area abutting a resident property except on arterial highways and bus routes shall be limited to the use of the street area between the sidewalk and curb and, where necessary, that area, adjacent to the outside of the curb, generally occupied by a parked automobile. On arterial highways and bus or trolley routes the use of street area is to be limited to the area authorized by the City Supervisor and /or City Engineer. Upon completion of investigation of street use as applied for, the City Supervisor and /or City Engineer may direct a permit be granted, said permit to be subject to the applicant furnishing public liability insurance and cash deposit and /or surety bond as the City Supervisor and /or City Engineer deems necessary to protect the City of Tukwila from any claims for damages to persons or injury to public utilities or any other cause. The City Supervisor and /or City Engineer may revise such plans and applications and confine the use of street to the area as he finds it to be of the greatest safety for the public. He may alter conditions of said permit at any time he finds such use may cause damage to persons or things or to any improvements of the City. B. No materials, fence, or shed shall obstruct the approach to any fire hydrant, manhole, fire alarm box, catch basin, inlet, vault, valve chamber, or any other public utility or traffic facility which is within an area being used by a permittee. No obstruction shall be placed so that there will be any interference with the passage of water in the gutter. C. Earth taken from excavations and rubbish from buildings shall not be stored on the sidewalk or other street area, but shall be removed from day to day as rapidly as produced. Where such materials are dry and apt to produce dust when handled they shall be kept sufficently moist to prevent the wind blowing the same about. Building rubbish accumulating on upper floors and all rubbish, plaster and other loose materials, produced while wrecking, altering or repairing a building must be lowered by elevators in closed receptacles or by closed chutes connecting to vehicles removing same and when likely to produce dust the chute must be provided with means of wetting this waste to prevent the wind blowing the same about. D. Any damage done to sidewalk, pavement, sewers, drain inlets, catch basins or any other public facility shall be repaired by the City Supervisor and /or City Engineer as he finds necessary, and all costs plus fifteen (15) per cent to be charged against the owner, agent or contractor; except that if a permit is granted so to do, the owner, agent or contractor may restore and repair such damages as required and under the inspec- tion of the City Supervisor and /or City Engineer. E. Where excavations are to be made in any area adjacent to street area the owner, agent or contractor shall maintain the lateral support of said street area. Where excavations have been made in the street area; or a cave -in or slide of earth has occurred extending into a public place due to excavation on private property, the City Supervisor and /or City Engineer shall restore the street area, or if he so directs, the contractor, owner or agent may make such backfill and restoration under inspection of the City Supervisor and /or City Engineer and the contractor, owner or agent shall pay for such inspection and any other expenses which have been incurred. F. Whenever an excavation is to be made adjacent to a public place or in any case wherein materials are to be moved across a public sidewalk or curb a portion thereof not set aside as a driveway, and the adjacent street area is not being used under permit while building the owner, agent or contractor shall secure a permit to drive 6 over the walk and /or curb and deposit cash, a surety bond or both as provided herein and as the City Supervisor and /or City Engineer directs. G. In the use of street area or driving over walks and curbs the contractor is required to keep such walk and pavement reasonably clean, properly protected with planks during working hours, and safe for public travel; upon failure to so do the City Supervisor and /or City Engineer may place such planking and cause such cleanup to be made and the cost thereof plus fifteen (15) per cent is to be charged to the contractor. Any charges so made may be deducted from the contractor's deposits on file or may be charged against his bond. H. Whenever structures shall be built or extended to a height of more than 25 feet above the sidewalk grade and fronting on a street, a protective roof extending over the sidewalk area shall be built and maintained during construction or repair to provide a temporary covered walkway. Said protective roof shall have a clear height of ten feet above the sidewalk and shall be tightly boarded with a covering of roofing paper or other material to pervent water from falling through. I. Every such walkway shall have a tight board fence built along its entire length, on the side abutting the building site. The entire structure shall be designed to carry the loads imposed upon it, provided the minimum live load to be used in design shall not be less than 35 pounds per square foot, uniformly loaded. J. If materials are stored or work is done on the roof of the walkway, the curb side of the walkway shall be protected by a tight board fence 3 feet high. Where necessary to properly protect pedestrians, wire mesh or other suitable material shall be provided on the curb side from the walk to the roof or canopy. K. The space under the roof over the walkway shall be kept well lighted with artificial lighting continuously between sunset and sunrise, and such other times as necessary. L. Whenever it is not necessary to construct a covered temporary walkway according to the preceding paragraphs of this ordinance, an uncovered temporary walkway shall be constructed where directed by the City Supervisor and /or City Engineer as a condition to the issuance of the permit. Said temporary walkway shall be kept clear for the passage of pedestrians, except when materials are being handled over the same, and no person shall leave any material, tools, implements, machinery or debris thereon. The ends of said temporary walkway shall extend from and be laid flush with the permanent sidewalk to which it is attached. Whenever such a walkway is constructed, an adequate and secure handrailing shall be constructed on the curb side thereof. Inhere such walk- way extends into the roadway area the sleepers on which it is laid shall not interr mt the flow of water in a gutter. The temporary walkway shall be constructed or recon- structed to conform with the requirements of the City Supervisor and /or City Engineer. Ihhen deemed necessary by the City Supervisor and /or City Engineer, a tight board fence shall be erected along the side next to the abutting private property. Said tight board fence shall be at least seven feet high, except that portion within 30 feet of a street intersection shall be not more than 4 feet high. 14. No temporary building, structure or machinery over four feet high shall be located within a street intersection, nor shall materials be piled over four feet high within an intersection. Section 18. BACKr ILLING AND RESTORING SURFACE After the completion of any work for which a permit has been granted, if the same shall have involved an excavation or disturbance of the surface of any public place, the City Supervisor and /or City Engineer shall have control of the fefilling and restoring of same to its proper condition, and the cost thereof plus fifteen (15) per cent shall be billed to the person or deducted from the grantee's indemnity deposit. Section 19. HOUSE YIOVfl G A. It shall be unlawful to move a building along or across any public place with- out a permit to do so from the City Supervisor and /or City Engineer. 7 B. No such permit to move a building along or across any public place shall be issued unless the applicant therefore has obtained from the City Clerk a license hereby designated as a House Mover's License, and it shall be unlawful to move any building without such a license. No such license shall be issued until such house mover has filed with the City Clerk a surety bond approved by the Nayor and /or City Supervisor and /or City Engineer as to sufficiency and the City Attorney as to form in the amount of Five Thousand Dollars ($5,000.00) and conditioned upon the requirements of Sections 10 and 11 hereof relating to cash indemnity funds, and further conditioned to indemnify and save harmless The City of Tukwila from all claims, actions or damages of every kind and description which may accrue to or be suffered by the City by reason of the licensee's operations as a house mover and said bond may be terminated upon thirty (30) days' written notice to the City Clerk and City Supervisor and /or City Engineer; and in addition to said bond, shall have filed with the City Clerk a certificate stating that the City of Tukwila is included as an additional insured on his protective public liability insurance, providing for a limit of not less than Fifty Thousand Dollars ($50,000.00) for all damages arising out of bodily injuries to or death of one person in any one accident; One Hundred Thousand Dollars ($100,000.00) for two (2) or more persons injured in any one accident, subject to Fifty Thousand Dollars ($50,000.00) for each one; and shall also provide property damage liability insurance providing for a limit of not less than Fifty Thousand Dollars ($50,000.00) for all damages arising out of injury to or destruction of property in any one accident; and stating that the City of Tukwila shall be given ten (10) days' notice of any change, cancellation or expira- tion of such insurance policy. The annual fee for each House Mover's License is hereby fixed at Fifty Dollars ($50.00), the expiration date of which shall be April 30th of each year, provided that said fee shall be one -half the annual fee in the event a license is issued within six months of its expiration date; provided, that the licensing provisions of this section shall not apply to small buildings for which a permit shall have been granted by the City Supervisor and /or City Engineer as specified in Section 27 -H hereof. In the event anyone granted a license hereunder fails to comply with any of the terms of this ordinance, such license may be suspended or revoked by the City Clerk, in which event such license shall be surrendered to the City Clerk. C. All applications for permits to move buildings through, or across public places of the City shall be made to the City Supervisor and /or City Engineer on a form provided by the City Supervisor and /or City Engineer, and every such application shall state the location of the building to be moved, its dimemsions and its principal materials; shall definitely describe the route over which it is to be moved, and the length of time that will be required to move it, and the proposed new location there- of. Before any permit to move a building to a site within the City of Tukwila is issued, specific written approval must be obtained from the Building Department. The approval of all public utilities owned and operated by the City of Tukwila is also necessary, if those utilities are to be disturbed. D. Where the removal or trimming of any shade trees or other shrubbery is necessary, the building mover is required to obtain from the owner thereof a written release for any damages and the City of Tukwila is to be held free of any liability or damages whatsoever. If said building is to be moved along or across any boulevard or other public place controlled planted by the City of Tukwila, the building mover is also required to have written approval from the City Supervisor and /or City Engineer upon the application for permit. E. The City Supervisor and /or City Engineer shall determine the probable injury and cost which the moving of a building will cause to owners of wires and cables, and also the probable injury and inconvenience the severance of such wires and cables will cause to patrons of public utilities. Such findings shall be endorsed upon the application for permit. F. The City Supervisor and /or City Engineer shall ascertain the probable inter- ference with the rights of the public that such moving will cause, and any other facts which may aid in determining whether or not such permit should be granted. The City Supervisor and /or City Engineer shall also prescribe the time such moving shall be 8 done, the route to be followed and such traffic barricades and escorts and any other stipulations he may deem necessary for public safety and convenience. If the City Council determines that a public hearing must be held to determine the feasibility of moving a building, the applicant shall pay to the Treasurer of the City of Tukwila and take his receipt therefor the sum of fifty dollars ($50.00) for advertis- ing a hearing upon the application as herein provided. The receipt number for said sutra shall be recorded on the application. G. The grantee of a permit to move a building along or across any public place shall bear any and all expense that may be occasioned by such moving; provided, however, that nothing herein contained shall be construed as repealing any of the provisions of any franchise ordinance. H. The City Supervisor and /or City Engineer grant permits to move small buildings through or across a public place when the structure is of such dimensions as may be hauled on a single truck or semi trailer without said mover having a license provided that same may be moved speedily without any inconvenience to the public. The City Supervisor and /or City Engineer is to specify the time of moving, the route to be taken and any other qualification he deems necessary for the safety of the public and the protection of private and public property. I. The City Supervisor and /or City Engineer may make rules and reguations govern. ing the moving of buildings along or across public places, and those rules and regula- tions shall become a part of this ordinance. Section 20. TEMPORARY FENCE Under a permit to improve a planting (parking) strip by grass, flowers, shrubs and trees, a fence with a one -inch by three- inch, or wider, board along the top, and at least thirty inches high, may be temporarily maintained until such grass, flowers, shrubs and trees shall become thoroughly rooted. The City Supervisor and /or City Engineer may order the removal of such fence if the same be considered hazardous to the public. Section 21. HEAVY EQUIPMENT The City Supervisor and /or City Engineer may grant permits to qualified persons to raise and lower safes, machinery or any other heavy articles into and from buildings and to occupy in so doing such portion of the street and sidewai as the City Supervisor and /or City Engineer may deem necessary and subject to such conditions and regulations as he may prescribe for the safety and convenience of the public. Section 22. IMPOUNDING OF OBJECT OR THING A. Any object or thing, which, without a permit, shall occupy continuously any public place for a period of more than twenty -four (24) hours, is hereby declared to be a nuisance, and the City Supervisor and /or City Engineer may seize and impound the same. Said seizure shall be made by said City Supervisor and/or City Engineer, or, under his direction, by any employee of the City of Tukwila, or by any City of Tukwila police officer. The one making such seizure shall take such object or thing and store, impound and detain the same at any City storage yard or building until the same is redeemed or sold, as herein provided. If, at the expiration of two (2) days from and after the time of seizing and impounding any such object or thing, the same is not redeem- ed and released to the owner by payment of costs and fees, as herein provided, the City Supervisor and /or City Engineer shall proceed to give fifteen (15) days' notice, by publication, in the official newspaper of the City of Tukwila, of the time and place where he will offer such object or thing for sale at public auction, unless for good and sufficient reason said period of sale be postponed from time to time, and when sold he shall proceed to pay all expenses theretofore incurred by reason of the seizure and impounding, and all other necessary expenses incurred by the advertising and sale of the same, and shall pay the residue into the City Treasury. Said notice of sale shall describe the object or thing intended to be sold with reasonable certainty, and shall state to whom, if anyone, the City Supervisor and /or City Engineer believes the same belongs, and if the name of the owner is wholly unknown to said City Supervisor and /or City Engineer, that fact shall be stated in said notice, and in case such owner shall 9 be known to the City Supervisor and /or City Engineer, and can be found within the City, a copy of such notice shall be served upon him, at least one day prior to the sale. At anytime within six (6) months from and after the date of the sale, the former owner thereof, upon proper application to the City Treasurer, and upon presentation of satisfactory proof that he was the owner of the object or thing sold, shall receive the residue of the proceeds of such sale, after deducting the necessary expenses, and if at the expiration of six (6) months the former owner shall not have applied to the City Treasurer, as provided in this section, the residue of the proceeds of such sale shall be turned into the general fund. The fees for any of the foregoing services shall be the cost thereof plus fifteen (15) per cent. B. If no sale is consummated, the thing shall be disposed of in a manner deter- mined by the City Supervisor and /or City Engineer. UNLAWFUL ACTS Section 23. WARNING LIGHTS AND BARRICADES A. It shall be unlawful for anyone, in any manner to obstruct, excavate or tear up any public place, without at all times during the hours of darkness maintaining at the point of obstruction or excavation a barricade and four or more red lights of suf- ficient power and brilliancy and so placed as to be plainly visible for a distance of not less than five hundred (500) feet in all directions from the point of such obstruc- tions. Obstructions in public places during daylight hours shall have sufficient bar ricades posted in such a manner as to indicate plainly the danger involved. Barricades may be removed at the completion of work or the removal of obstructions in public places providing the surface of the roadway has been restored to the satisfaction of the City Supervisor and /or City Engineer. B. Adequate advance warning lights and barricades must be posted on all obstruc- tions in any arterial street as defined in the traffic code of the City of Tukwila. C. In case of non compliance with this section of this ordinance, the City Super- visor and /or City Engineer shall place lights and /or barricades as he may deem necessary to provide proper protection to the public. The expenses, thus incurred by the City Supervisor and /or City Engineer, may be billed to the person causing the obstruction. D. The City Supervisor and /or City Engineerts judgment shall be final as to the number and adequacy of lights and barricades at all obstructions and excavations. E. It shall be unlawful to deface, move, injure, damage, alter or remove any barricade or light placed at or near any obstruction or defect in the street, or posted to obstruct the passing of vehicles. Section 24. PLANTING TREES AND SHRUBS A. No one shall plant in any public place any maple, lombardy poplar, cottonwood or gum, or any other tree, the roots of which cause injury to the sewers, sidewalks or pavements, or which breeds disease dangerous to other trees or to the public health or allow to remain in any public place any planted tree which has become dead or is in such condition as to be hazardous to the public, and any such trees now existing in any such planting (parking) strip or abutting street area may be removed in the manner hereinbefore provided for the revocation of permits and removal of obstructions. No tree shall be planted within two feet of any sidewalk or pavement, except by special permit. B. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity, except that trees may extend over the sidewalk when kept trimmed to a height of eight feet above the same, and fourteen feet above a roadway. C. No trees shall be allowed to come in contact with telephone, telegraph, electric or power wires of public service companies or of the City of Tukwila; provided, however, that such wires are twenty -five (25) feet above the level of the public place over which they pass. When the City Supervisor and /or City Engineer shall find that trees 10 are coming in contact with the wires of public service companies or of the City of Tukwila, the City Supervisor and /or City Engineer may order the trees trimmed, and if not so trimmed within ten (10) days after service of written notice owner of such trees, or the posting of written notice upon the premises, the City Supervisor and /or City Engineer may issue a permit to the owners of the wires, authorizing them to trim such trees at their own expense. If the work be done by the owners of the wires, the City Supervisor and /or City Engineer or his representative may accompany them and have charge of the work, and the cost of supervison shall be borne by the owners of the wires. D. Planting (Parking) Strips, Planting In. No trees, shrubs or flowers over two (2) feet in height shall be planted or maintained in that portion of any planting (parking) strip lying within thirty (30) feet of the intersection of said planting (parking) strip with the curb line of any intersecting street. E. Tree planting shall conform to the Street Tree Planting Standards of the City of Tukwila adopted by the City Council, in so far as practical. Changes from those standards may not be granted without approval of said City Council. F. If any such trees or shrubs are or become a hazard, the City Supervisor and /or Gity Engineer may order the same removed as provided by this ordinance. Section 25. DEBRIS IN PUBLIC PLACES Whenever it is expedient to the safety or convenience of the public, the City Super- visor and /or City Engineer may remove obstructions, hazards or nuisances from public places, and anyone causing said obstructions, hazards, or nuisances shall be respon- sible for reimbursing the City Supervisor and /or City Engineer for the expense of cleaning the public place as well as being subject to prosecution in an applicable Court of Law. Section 26. SPILLED LOADS The owner or operator of any vehicle which has spilled, dropped, dumped, or in any manner deposited any matter upon a public place shall cause the public place to be cleaned when notified so to do by the City Supervisor and /or City Engineer. Section 27. DrRRIS IId G 1 It shall be unlawful to sweep or otherwise deposit any matter in any street or gutter. Section 2$. SNOW AND ICE REMOVAL It shall be unlawful for the owner or occupant of private property to allow snow on the sidewalks abutting his property to become or to remain in an icy, ridged, uneven or humped condition or in a condition which is potentially hazardous to users of the public sidewalks. Section 29. BARBED WIRE OR ELECTRIC FENCE It shall be unlawful to place, or maintain, or allow to be placed, or maintained, any barbed wire or electric fence abutting upon the marginal line of any public place. Section 30. EXCAVATIONS It shall be unlawful to leave unguarded any excavation within four feet of any public place, or to fail to maintain the lateral support of any such public place. It shall be unlawful to excavate or fill on private property within an area exist- ing between the vertical prolongation of the street margin, and a 100 (one hundred) per cent slope line (45° from a horizontal line) from the existing elevation of the public place margin to the proposed elevation of the private property, without first obtaining a permit from the City Supervisor and /or City Engineer to so do. If, in the opinion of the City Supervisor and /or City Engineer, the safety or stability of a 11 public place may be jeopardized by such excavation or fill, then he may order special plans, specifications, and proposed methods of construction to be submitted for his approval, giving detailed information on hens the excavation or fill is to be structural- ly barricaded, reinforced or retained and the stability and safety of public places maintained. The City Supervisor and /or City Engineer may require a cash indemnity fund and /or a surety bond to be posted with the City of Tukwila to guarantee proper replace- ment of public places. Section 31. AIR GUNS It shall be unlawful to carry or shoot any spring gun, air gun, sling or slingshot, in, upon, or onto any public place. Section 32. LOITERING ON SCHOOL GROUNDS It shall be unlawful to loiter in or upon any public school ground during school hours. Section 33. NOTICE COMPLIANCE The City Supervisor and /or City Engineer is authorized to post notice on private property at or abutting the scene of any violation of this ordinance, calling for the terms of this ordinance to be complied with. Section 34. REMOVING OR DESTROYING NOTICES It shall be unlawful for anyone to remove, mutilate, destroy or conceal any notice issued or posted by the City of Tukwila pursuant to the provisions of this ordinance. Section 35. CITATION. ARREST AND BAIL Whenever any person is arrested for any violation of this ordinance, the arresting officer may serve upon his citation and notice that he must appear in court. The arrest- ed person, in order to secure release, and when permitted by the arresting officer must give his written promise to appear in court as required by the citation and notice serv- ed by the arresting officer. Upon the arrested person's failing or refusing to sign such written promise, he shall be taken into custody of such arresting officer and so remain or be placed in confinement in the county jail. If bail is to be posted by anyone for a violation of this ordinance, the arresting officer shall note the amount of such bail upon the citation or notice in accordance with the following schedule: First offense $25.00 Second offense $35.00 Third offense $50.00 Fourth or subsequent offenses $100.00 The bail must be posted with the Police Department or the Renton Justice Court within 7 days, exclusive of Saturday, Sunday and Holidays, after the date of the citation or notice. Anyone charged with an offense for which bail may be posted shall have the option of forfeiting such bail, if it is posted within the time specified in the notice, or of requesting a trial as authorized by Law, except where such person has been charged and forfeited bail four or more times within the past two years. The date and time of said trial must be set by the Court office at the time bail is posted. Section 36. PENALTIES Anyone who shall violate or fail to comply with any of the provisions of this ordinance, or who shall fail to remove any obstruction or discontinue use or occupancy of any public place when ordered to do so by the City Council, the City Supervisor and /or City Engineer, under authority of this ordinance, shall upon conviction be 12 punished by a fine in a sum not exceeding five hundred dollars ($500.00) or by im- prisonment for a term not exceeding six (6) months or by both such fine and imprison- ment, and each day any person shall continue to violate or fail to comply with the provisions of this ordinance, shall be deemed and considered a separate offense. Section 37. REPEALS The following are hereby repealed: Ordinance 32 adopted June 10, 1913 Ordinance 108 adopted October 8, 1925 Ordinance 120 adopted October 2, 1928 Ordinance 267 adopted January 19, 1959 PASSED by the City Council of the City of Tukwila, Washingtion and APPROVED by the Mayor this 7th day of July, 1969. Ar -5DYYU-Laf2 MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published Record Chronicle July 9, 1969 13