Loading...
HomeMy WebLinkAbout5848 ORDINANCE NO. 5848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING AUBURN CITY CODE CHAPTER 12.66 ENTITLED "RIGHT-OF-WAY CONSTRUCTION REQUIREMENTS" FOR THE PURPOSE OF CONSOLIDATING CONTRACTOR REQUIREMENTS FROM VARIOUS CONSTRUCTION AND UTILITY CODES WHEREAS, a review of the current utility and construction codes revealed a need to consolidate contractor and permit requirements for work in the city right-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new chapter of City of Auburn Code is hereby created entitled Chapter 12.66, which reads as follows: Chapter 12.66 RIGHT-OF-WAY CONSTRUCTION REQUIREMENTS Sections: 12.66.005 12.66.010 12.66.020 12.66.030 12.66.040 12.66.050 12.66.060 12.66.070 12.66.080 12.66.090 Purpose. Definitions. Permit required. Business license required. Contractor's license required. Contractor's insurance. Permittee's liability. Work area safety. Restoration of riqht-of-way. Contractor responsibilities. ------------------------------ Ordinance No. 5848 May 27, 2004 Page 1 12.66.100 Stop work order. 12.66.110 Violation - Penalty. 12.66.120 Conflictinq ordinances. 12.66.005 Purpose. The purpose of requlatinq riqht-of-way construction throuqh contractor requirements is to assure that proposed construction is consistent with the public health. safety and qeneral welfare of the citizens of Auburn and that any harm or nuisance. which may result from proposed work. is prevented. 12.66.010 Definitions. Unless the context specifically indicates otherwise. the meaninq of the terms used in this chapter shall be as follows: A. "City of Auburn desiqn and construction standards" means the requirements adopted under ACC 12.04 for storm drainaqe. sanitary sewer. street. and water desiqn and construction.' B. "Riqht-of-way" means land. property. or property interest. usually in a strip, acquired for or devoted to transportation purposes. 12.66.20 Permit required. It is unlawful for any person to perform any work within city riqht-of-way. which requires a written permit from the city. without first obtaininq said permit. 12.66.030 Business license required. It is unlawful for any person to perform any work within city riqht-of-way unless they have a current city business license. 12.66.040 Contractor's license required. It is unlawful for any person to perform any work in city riqht-of-way unless operatinq under a valid state of Washinqton qeneral contractor's license. or a valid state of Washinqton specialty contractor's license applicable to the type of work beinq performed. 12.66.050 Contractor's insurance. Proof of insurance shall be required showinq the city as additional insured on all work within the riqht-of-way to protect the contractor. the public. and the city aqainst liability for accidental injury to persons or property. Insurance amounts shall be those identified in Section 1-07.18 (Public Liability and Property Damaqe Insurance) of the City adopted Standard Specifications for Road, Bridqe and Municipal Construction (current adopted version). published by the ------------------------------ Ordinance No. 5848 May 27,2004 Page 2 Washinqton State Department of Transportation, and City amendments thereto. These insurance requirements may be modified at the discretion of the city enqineer. Minimum commercial qeneralliability insurance limits shall be $1.000.000 for each occurrence and $1.000.000 in the aqqreqate for each policy year. 12.66.060 Permittee's liability. Any person requlated under this chapter shall be liable to the city for all losses or damaqes claimed by any persons as a result of the neqliqence or failure of the person securinq a permit to take all necessary precautions to protect the public and the city in the performance of any construction activities. 12.66.070 Work area safety. Contractors are responsible for traffic control. work area protection/security and street maintenance to protect the life. health and safety of the public durinq any permitted work within the riqht-of-way. and all methods and equipment used will be subject to the approval of the city of Auburn. 12.66.080 Restoration of riqht-of-way. A. All streets. sidewalks. alleys. parkways, and other public riqht-of-way disturbed in the course of work performed under any permit shall be restored in accordance with the city of Auburn desiqn and construction standards or as approved by the city enqineer. B. All work within city riqht-of-way must be pursued to completion with due diliqence. and if work is not completed within a reasonable lenqth of time, as determined by the city enqineer. the city shall cause the work to be completed. C. Any costs incurred by the city for riqht-of-way restoration will be charqed to the property owner and/or developer employinq the contractor consistent with the procedures set forth in ACC 1.25. 12.66.090 Contractor responsibilities. Contractors workinq within city riqht-of-way shall be responsible for all work done under permits issued to them. All work shall be completed accordinq to any permit conditions and the city of Auburn desiqn and construction standards. 12.66.100 Stop work order. When any work is beinq done or activity is occurrinq in violation of this chapter. or in violation of a permit issued for work in the riqht-of-way, the city enqineer or his/her desiqnee may order the work or activity stopped by notice in writinq served on any persons enqaqed in the doinq or causinq of such work to be ------------------------------ Ordinance No. 5848 May 27,2004 Page 3 done or such activity to occur. Any persons served with a written notice to stop work shall forthwith stop such work and/or prevent such activity until authorized by the city enqineer to proceed with the work. recommence the activity or return the riqht-of-way to a safe and usable condition. If persons served with a written notice to stop work refuse to return the riqht-of-way to a safe and usable condition at the request of the city enqineer. the city may cause the riqht-of-way to be restored as provided in ACC 12.66.060. 12.66.110 Violation - Penalty. In addition to any other enforcement method or process available under the law. any violation of this chapter may be enforced pursuant to the provisions of ACC 1.25. 12.66.120 Conflictinq ordinances. All ordinances or parts of ordinances in conflict with this title are repealed. except that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the takinq affect of this title. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ------------------------------ Ordinance No. 5848 May 27,2004 Page 4 ATTEST: /) Il /' ,u!ibtJ:N ~~~ / Danielle Daskam City Clerk INTRODUCED: JUN 2 1 2004 PASSED: JUN I "I 2004 APPROV~; JUN ! 1 2004 .~(;~ PETER B. LEWIS MAYOR Published: f.c I z'sl 0 + ------------------------------ Ordinance No. 5848 May 27, 2004 Page 5