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1504 8TH PL S.PDFlillIII 111111118743 1504 8TH PL S 89 -19y City of Edmonds RIGHT-OF-WAY CONSTRUCTION p PERMIT Permit Number. 0/ 3 (o Issue Date: A. Address or Vicinity of Construction: 1504 — 8TH PLACE SOUTH B. Type of Work (be specific): PLACE 13URIED SERVICE WIRE PROD: TERMINAL TO r n iiO�USE, PLOWINGal3—Ji'1 IN ii.0. W PUSH UNDER 8TH PL. S. C. Contractor: CITE NORTHWEST INCORPORATED Contact: BARBARA TOLLEFSON, PEK1IT COORDINATOR Mailing Address: 22118 20TH AVE. SE SUITE 130hone: BARB 488-1642 �..,. State License #: BOTHELL, WA 98021 Liability Insurance: Bond: $ D. Building Permit 1i (if applicable): Side Sewer Permit 11(if applicable): E. ❑ Commercial ❑ Subdivision ❑ City Project IN Utility (PUD, GTE, WNG, CABLE, WATER) ❑ Multi -Family ❑ Single Family ❑ Other ``-- W.O. # 2100-9P001DB 242310 INSPECTOR: INSPECTOR: �,s.a"�iTt—, \ F. Pavement or Concrete Cut: ❑ Yes ,'� G. Size of Cut: x H. Charge $ APPLICANT TO READ AND SIGN INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds harmless from injuries, damages, or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds, or any of its departments or employees, including or not limited to the defense of any legal proceedings including defense costa, and attorney fees by reason of granting this permit. THE CONTRACTOR IS RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FORA PERIOD OF ONE YEAR 1704WING THE FINAL INSPECTION AND ACCEPTANCE OF THE WORK. ESTIMATED RESTORATION FEES WILL BE HELD UNTIL THE FINAL STREET PATCH IS COMPLETED BY CITY FORCES, AT WHICH TIME A DEBIT OR CREDIT WILL BE PROCESSED FOR ISSUANCE TO THE APPLICANT. Construction drawing of proposed work required with permit application. A 24 hour notice is required for inspection; Please call the Engineering Division, 771-0220. Work and material is to be inspected during progress and at completion. Restoration is to be in accordance with City Codes. Street shall be kept clean at all times. Traffic Control and Public Safety shall be in accordance with City regulations as required by the City Engineer. All street cut ditches shall be patched with asphalt or City approved material prior to the end of the working day; NO EXCEPTIONS. I have read the above statements and understand the permit requirements and the pink copy of the permit will be available on site at all times for inspection purposes. Signature: J�1-� ��t ` - "�"�"�� - .� �C- i Date: 9-22-93 (Contractor or Agent CALL DIAL -A -DIG PRIOR TO BEGINNING WORK FOR CITY USE ONLY APPROVED BY:�t TIME AUTHORIZED: VOID A`, F'TE,R Ill— � Q • 9 a DAYS SPECIAL CONDITIONS: �w„t.��,—vt/� i►J eaAO wAY COMMENTS: RIGHT OF WAY DEPOSIT DISRUPTION FEE/FUND Ill: RESTORATION FEE: PERMIT FEE: L TOTAL FEE: RECEIPT FEE: DATE: ISSUED BY: NO WORK SHALL BEGIN PRIOR TO PERMIT ISSUANCE Engrg. Div. 1991 FIELD INSPECTION NOTES Comments Diagram CONTRACTOR CALLED FOR INSPECTION Partial Work Inspection by Work Disapproved By: FINAL APPROVAL BY: _ P.W.: (Fund 111 - Route copy to Street Dept.) ❑ YES Date: Date: ❑ NO 7 `A Good Customer is Worthy of Every Consideration" 1111WESTERN UTILITIES SUPPLY CO .17 <�j Waterworks & Sewerage Supplies P.O. BOX 3524 SfATTtE, wA.98t24 76,y0? 5409 OHIO AVE. $0. SEATTLE, WA. 98134 l ' STREET FILE �./•-�' c�-�cx.,,t.,�r• .. i�:.s�--✓'...aar....:. ,...mac,.. ,�„l n S11REET FILE LAW OFFICES JOHN H. RAYBACK JOHN H. RAYBACK EILEEN STAUSS FOURTH 6 BATTERY BUILDING SUITE 230 SEATTLE. WASHINGTON 96121 (2061 583-6201 April 13, 1981 Director of Public Works 200 Dayton Street Edmonds, Washington 98020 Edmonds City Council 200 Day -ton Street Edmonds, Washington 98020 Gentlemen: MAILING ADDRESS: P. O. BOX 1650 SEATTLE, WA 9B111 APR 15 1�& Dir. 01 I have been retained by Mr. and Mrs. David Erickson concerning the recent installation of a basketball hoop on a public right- of-way adjacent to their home. The hoop was erected last month by a private citizen whose property abutts the street involved. The hoop was placed on an island on 8th Place South, which is located in the Heritage Park area in Edmonds. All property owners adjoining the island and the surrounding street are through a mutual covenant jointly and severally liable for any injuries or damages arising from the use of that property. However, the property owner who is responsible for the hoop's erection (Mr. Gillis) not only did not obtain a per- mit from the city but he also did not obtain prior approval from the other owners. I have been advised, however, that the city attorney is aware of this situation but has delayed any action at this time. I am also aware that Mr. Gillis is a pro- minent member of the Edmonds community. Nevertheless, the City has a responsibility to require its building code be followed in instances such as this. The City should not condone the placement of a basketball hoop so near to motor vehicle traffic. Certainly youngsters will be drawn to the hoop and the City could be liable under an attractive nuisance doctrine in addition to its other negligence. The City has not yet supervised usage of the hoop, but cer- tainly it has a duty to do so in light of the location of the hoop on a public right-of-way. The cost of daily supervision of the hoop, plus potential liability exposure,and the fact that the hoop was illegally erected clearly outweighs any private benefits. If a private property owner wishes to erect a basketball hoop on his own property, we Director of Public Works Edmonds City Council April 13, 1981 Page Two certainly have no objection to his doing so. However, my clients do object to their increased liability_ exposure. I am certain the City will also object to its multiple exposures once it has studied the facts. The solution is a simple one: Require removal of the hoop from its present location and replacement on the property owned solely by the person who erected it. Mr. Gillis can then maintain the hoop and supervise its use as he desires. Neither the City nor other neighbors could then be liable for its maintenance or use. I trust that you will consider this matter seriously and order the hoop's removal at once. Please be advised, however, that should the City fail to meet its obligations in this matter, my clients will look to the City for indemnity for any claims arising from this incident. Very truly yours, Eileen Stauss ES:mmc a h CITY OF EDMONDS CIVIC CENTER - EDMONDS. WASHINGTON 98020 (206) 775-2525 COMMUNITY DEVELOPMENT DEPARTMENT April 3, 1981 Mr. and Mrs. Donald Gillis 1504 8th P1. S. Edmonds, WA 98020 Dear Mr. and Mrs. Gillis: HARVE H. HARRISON MAYOR SUBJECT: BASKETBALL POST AND HOOP IN CITY RIGHT-OF-WAY The City Engineer's office has received numerous complaints regarding the subject basketball hoop within the public right- of-way. Our records show that no Street Use Permit was issued for the subject hoop (Chapter 18.70, Edmonds City Code). On March 31, 1981 a correction notice was posted on the site (copy attached), in order to bring the violation into compliance with city code. To date no action has been taken to remove the subject hoop or secure the proper permit, therefore the City is scheduled to remove the subject hoop on Wednesday, April 8, 1981 unless other- wise removed. If you have any questions, please do not hestitate to give me a call. JS/cn cc Jim Adams, City Engineer attachment Jerr ater ie Building/Engineer Inspector NOTKE TO PERMITTEE AND/OR OWNER ❑ PARTIAL APPROVAL ❑ VIOLATION ❑ CORRECTIONS REQUIRED PERMIT JOB ADDRESS NO PERMIT - STOP WORK .- REMOVE CONSTRUCTION OR OBTAIN PERMIT AND MAKE WORK COMPLY WITH BUILDING LAWS. ❑CONSTRUCTION IS NOT IN ACCORDANCE W17I1 APPROVED PLANS AND PERMIT - STOP WORK. MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. ❑ STOP WORK - UNTIL AUTHORIZED TO CONTINUE BY INSPECTOR. ❑CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. ❑ WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. ❑CONTACT INSPECTOR AND ARRANGE FOR APPOINTMENT. ❑ RECALL FOR INSPECTION. I J Y l {1 THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN ...1............. DAYS OR PENALTIES IMPOSED BY LAW MAY BE APPLIED. FOR IN PECTIONS CALL: 775-2525. _ _ - BUILDING DIV. eP ❑ PUBLIC WORKS CITY OF 'DATE / ❑FIRE DEPT. EDMONDS a > -STREET FILE CITY OF EDMONDS , PUBLIC WORK-S.,DEPARTMENT 2O0 DAYTON S-REET EDMONDS, 14A - 98020 r / 775-2525 APPLICATION FOR STREET USE PERMIT Name of Applicant: -DOA)A�c� Mailing Address: j0U'' `� L �Cl�Myh)f��s Telephone Number: 1 ,,I% Date: Description of Public Place or Portion thereof desired to be used: (exhibit may be attached) 11 CTIj C>Wu�C� \gne"pl� t.) C14�'�1U ()C 'jo � oo�i �: u�1 1,� Ua bk4 aaV.,vv o p Type of Use desired to be made of Public Place: -- O 'C -_A 16 ,, � f F S 1 � Q 1.,)ts If applicable, attach plans and specifications for any utility or structure to be erected and/or maintained on the Public Place: �o,r •1 N;, �.A io �e nr,',F7lo�� a \mudScc%W.ii h &t,c®reLL r TEMPORARY PERMIT: Unless otherwise designated herein, this permit is understood by applicant to be wholly of a temporary nature, that it vests no permanent right whatsoever. If the permitted use becomes dangerous or such structure shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this title, the same may be revoked and the structure and obstructions ordered removed by order of the City Engineer. If this application is for a specified period of time, the terms of said application is: INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or descrip- tion whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of,its departments or employees, including but not limited to the defense of any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, applicant understands that the City shall be provided a certificate of insurance to indemnify and hold the City of Edmonds harmless from all claims and/or property da age naming the Cit of Edmonds as an Also in ured. Lkw,,yav-T TtQS Lkr^A y^ 6t- 450 1'r a ' I li d APPLICATION OF CHAPTER 6.40 OF THE EDMONDS CITY CODE: Applicant warrants that he has read, or had the opportunity to read, Chapter 6.4 of t e Edmonds City Code, attached herewith, and understands that all terms of that Ordinance are incorporated herein as if set forth in full and this application and permit therefore are subject to the terms of that Chapter of the Edmonds City Code. oa�ez a Applicants Signature ?) � I �] L/ a t e 11/7/74 rev. 1 �I City of Edmonds Public Works Dept. APPLICATION FOR STREET USE PERMIT -- Page 2 Approval (and Agreement, if applicable) of Abutting Property Owners: Signature Printed Name Address Date c_ / t 1�✓vt t zs_f ni I J i J 6 7 h I S— W.Yr, f '�QFL/ fffu - �& r� DO NOT WRITE BELOW THIS LINE (To be completed by Issuing Agency) City Council Approval (Attach Minute Entry): Permit Fee: Annual Fee: due January 1, 19 Amenities Design Board Approval (if applicable) Attach Minute Entry: Building Official Approval (if applicable): Signature Date Provision for Indemnity: Terms and Provision of Performance Bond, if applicable: (Reference 6.40.050 of applicable Ordinance) 'PERMIT AUTHORIZATION BY P .W. DIRECTOR Signature Date PERMIT NO. DATE Remarks: {'11/7/74 rev. V- ? L :--.> , 1 o 0QZ tfy\ cror - - - - - - - - - - - - ......... I NAME AND ADDRESS OF AGENCY JIM CARL INSURANCE P.O. BOX 537 SEQUIM, WA. 98382 NAME AND ADDRESS OF INSURED Donald A. & Darlene L. Gillis 1504 8th. Place So, Edmonds, Wa. 98020 COMPANIES AFFORDING COVERAGES COMPANY .r LETTER A COMPANY LETTER /®j COMPANY ■ LETTER V COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICY`": Limits o Liabilit in Thousands EACH AGGREGATE LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE GENERAL LIABILITY; ❑ BODILY INJURY $ $ COMPREHENSIVE FORM ❑ PREMISES —OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND -�' ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPERTY ❑ COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY x...7 ❑ FORM (EACH PERSON) $ y COMPREHENSIVE BODILY INJURY $ " ❑ OWNED (EACH OCCURRENCE) ❑ HIRED PROPERTY DAMAGE $ ❑ NON-OWNED BODILY BODILY INJURY AND $,� DAMAGE COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE $ $ FORM COMBINED WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY`' $ (EACH ACCIDENT) OTHER $500,000 A Homeowners UH 1031 Continuou Personal Liability )E5CRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF EDMONDS DATE CORD 25 (Ed.2-77) THORIZED REPRESENTATIVE CITY OF EDMONDS UBLIC WORKS DEPARTMENT O: � a Z SUS�� DATE: # 1°S DIRECTOR Investigate and Report Take Appropriate Action Prepare letterlmemo for my signature For Information Previously Ref'd Status of Action? Return t . ADMINISTRATIVE SECRETARY /ee BUILDING & GROUNDS SUPT. CITY ENGINEER EQUIPMENT RENTAL SUPT. STREET DIVISION SUPT. WATERISEWER SUPT. TREATMENT PLANT SUPT. COMMENTS: _. C`je Zi to oo e�Z FROM: i0 E: -x—d PW A-0001-11.78 _ . STREET F11..7 LAW OFFICES RECEIVEDJOHN H. RAYBACK JOHN H. RAYBACK MAILING ADOREB9: EILEEN STAUSS FOURTH 6 BATTERY BUILDING P. OX APR 15 1981 SEA 0. E.B WA 88101I Director of Public 200 Dayton Street Edmonds, Washington SUITE 230 SEATTLE. WASHINGTON 88921 (206) 883-8201 April 13, 1981 Works Edmonds City Council 200 Dayton Street Edmonds, Washington 98020 Gentlemen: Dir (If Pnhlic Works ROUTE �_....�. I have been retained by Mr. and Mrs. David Erickson concerning the recent installation of a basketball hoop on a public right- of-way adjacent to their home. The hoop was erected last month by a private citizen whose property abutts the street involved. The hoop was placed on an island on 8th Place South, which is located in the Heritage Park area in Edmonds. All property owners adjoining the island and the surrounding street are through a mutual covenant jointly and severally liable for any injuries or damages arising from the use of that property. However, the property owner who is responsible for the hoop's erection (Mr. Gillis) not only did not obtain a per- mit from the city but he also did not obtain prior approval from the other owners. I have been advised, however, that the city attorney is aware of this situation but has delayed any action at this time. I am also aware that Mr. Gillis is a pro- minent member of the Edmonds community. Nevertheless, the City has a responsibility to require its building code be followed in instances such as this. The City should not condone the placement of a basketball hoop so near to motor vehicle traffic. Certainly youngsters will be drawn to the hoop and the City could be liable under an attractive nuisance doctrine in addition to its other negligence. The City has not yet supervised usage of the hoop, but cer- tainly it has a duty to do so in light of the location of the hoop on a public right-of-way. The cost of daily supervision of the hoop, plus potential liability exposure,and the fact that the hoop was illegally erected clearly outweighs any private benefits. If a private property owner wishes to erect a basketball hoop on his own property, we e . 1 Director of Public Works Edmonds City Council April 13, 1981 Page Two certainly have no objection to his doing so. However, my clients do object to their increased liability exposure. I am certain the.City will also object to its multiple exposures once it has studied the facts. The solution is a simple one: Require removal of the hoop from its present location and replacement on the property owned solely by the person who erected it. Mr. Gillis can then maintain the hoop and supervise its use as he desires. Neither the City nor other neighbors could then be liable for its maintenance or use. I trust that you will consider this matter seriously and order the hoop's removal at once. Please be advised, however, that should the City fail to meet its obligations in this matter, my clients will look to the City for indemnity for any claims arising from this incident. ES:mmc Very truly yours, Eileen Stauss S v i CITY OF EDMONDS 200 DAYTON ST. • EDMONDS, WASHINGTON 98020 • (206) 775.2525 DEPARTMENT OF PUBLIC WORKS April 13, 1981 Mr. & Mrs. Donald Gillis 1504 8th Place South Edmonds, Washington 98020 Dear Mr. & Mrs. Gillis: SUBJECT: STREET USE PERMIT - 1504 8TH PLACE SOUTH HARVE H. HARRISON MAYOR Your application.for a Street Use Permit to construct a basketball hoop in the cul-de-sac is denied. I can issue a permit only if it does not interfer with the rights of the public. We have had numerous complaints regarding your basketball hoop. Since you do not have a valid permit, I recommend that you remove the basketball hoon. If you wish to appeal my decision regarding the denial of the permit, please contact our Planning Department at 775-2525, extension 254 for an appointment with the Hearing Examiner. Sincerely, /�F$ED F. FRZBFRG, P,E. Hirector of Public Works JEA: jky cc: Mary Lou Block Planning Department na„ STREET FILE / elf$# 5 • R 1981 W. Of uYil1Y Woft $, • .. ^ ^' "'^� , �{,�. .. � � "�"�^�' •'�n T,,, _.�!�^�k.'71r... ,.�VK.,. , ti.AM! _, .. r C� ��U . *N.L. � j.�vd.x^^1C� �( _ , �� /� ./�+�y� C j .�•}� 6S / t�/ `n1\ { r�,j,/k h \.At/ ��1 Ks.�"\�.,.k.V� "�lA'WL�� � V 1�+�... r-�- �,�'tk�� � WV+�i- - TM .��yWM1��.M1, �✓ �..ji+��;6�'� � � �� �1 �!-�. c�Q)....` .. �C'!�' �^!��'i�y� ..IG+ � . „off.. � • ��i�u _ ..� "�i , .4e a. .,. '.., � .. .. .i _ , our". 05' i F-.. £ k 4 f 1". C J : CITY Or EDMONDS HARVE H. HARRISON MAYOR CIVIC CENTER • EDMONDS. WASHINGTON 98020 (206) 775-2525 COMMUNITY DEVELOPMENT DEPARTMENT April 3, 1981 Mr. and Mrs. Donald Gillis 1504 8th Pl. S. Edmonds , WX 98020 Dear Mr. and Mrs. Gillis: SUBJECT: BASKETBALL POST AND HOOP IN CITY RIGHT-OF-WAY The City Engineer's office has received numerous complaints regarding the subject basketball hoop within the public right- of-way. Our records show that no Street Use Permit was issued for the subject hoop (Chapter 18.70, Edmonds City Code). On March 31, 1981 a correction notice was posted on the site (copy attached), in order to bring the violation into compliance with city code. To date no action has been taken to remove the subject hoop or secure the proper permit, therefore the City is scheduled to remove the subject hoop on Wednesday, April 8, 1981 unless other- wise removed. If you have any questions, please do not hestitate to give me a call. Jerr ater ie Building/Engineer Inspector JS/cn cc Jim Adams, City Engineer attachment NOTICE TO PERhErTTEE AND/OR OWNER ❑ PARTIAL APPROVAL ❑ VIOLATION ❑ CORRECTIONS REQUIRED UMB NE"��� 10B ADDRESS NO PERMIT — STOP WORK — REMOVE CONSTRUCTION OR OBTAIN PERMIT AND MAKE WORK COMPLY WITH BUILDING LAWS. ❑CONSTRUCTION IS NOT IN ACCORDANCE WITH APPROVED PLANS AND PERMIT — STOP WORK. MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. ❑ STOP WORK — UNTIL AUTHORIZED TO CONTINUE BY INSPECTOR. ❑CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. ❑ WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. ❑CONTACT INSPECTOR AND RECALL FOR INSPECTION. ARRANGE FOR APPOINTMENT. ❑ I I THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN ...�........._ DAYS OR PENALTIES IMPOSED BY LAW MAY BE APPLIED. FOR IN PECTIONS CALL: 775-2525. BUILDING DIV. sr ❑ PUBLIC WORKS CITY OF EDMONDS nwTr—' FIRE DEFT. ❑ 13 E SMEET FILE CHAPTER 18.70 STREET USE PERMITS 18.70.000 PERMIT REQUIRED No person shall use any public place, without a permit from the Public Works Director. To use means to construct, erect or maintain in, on, over or under any public place, including but not limited to any sign, building extension, staging, swinging scaffold, clock or any other thing or structure; to use or occupy any parking strip, roadway, and/or side- walk, including the air -space above them. 18.70.010 EXEMPTIONS This chapter does not apply to noncommercial uses in areas zoned re- sidential and not involving buildings or other structures (excluding fences). However, these uses shall not be construed to grant or per- mit vested rights of use, and any such use is hereby deemed and declared to be permissive and shall be removed upon order of the City of Edmonds. This chapter also does not apply to street maintenance work performed by the City, street or sewer installation and improvement work authorized by permit or ordinance, or street improvement projects. 18.70.020 APPLICATION Applications shall contain the following in addition to any other appli- cable City code requirements. A. Use. The use to be made of the public place by the applicant. B. Ownership. Evidence showing the applicant to be the record owner of the property adjoining the public place. 18.70.030 REVIEW A. Architectural Design Board. Any application for a permit to con- struct, erect or maintain an awning, marquee, sign or any structure in a public place shall be referred by the Director of Public Works to the Architectural Design Board. The Board shall review the plans and specifications as they relate to Chapter 20.10. B. Issuance by Public Works Director. The Public Works Director may approve a street use permit if: 1. The proposed use will not protrude into or over any portion of the public place open to vehicle or pedestrian travel. 2. The Architectural Design Board has approved the proposal. 3. The proposal will not interfere with the rights of the public. 142 4. That the proposal is in the public interest, safety and con- venience. Permits for signs are not included in this subsection. C. Appeal. The decision of the Public Works Director may be appealed to the Hearing Examiner under Section 20.105.030. 18.70.050 REVOCATION All permits approved under this chapter shall be temporary, shall vest no permanent right and shall be issued and may in any case be revoked using the procedures of Section 20.100.040 (Review of Approved Permits) upon 30 days' notice, or without notice, in case any such use or occu- pation 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 chapter. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the Public Works Director, he may remove any structure or obstruction, or make such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and otherwise collected in the manner provided by law. 18.70.060 FEES Application fees are those set forth in Chapter 15.00. The City Council shall establish the permit use fees to recover the costs of administra- tion, inspection, policing and fair market value of the use involved. Application and permit use fees shall be paid to the City before issu- ance or annual continuance, of any permit. In order to facilitate col- lection of annual fees, the City shall promptly notify holders of out- standing permits issued pursuant to previous ordinance of the City, from time to time, to pay the annual fee or the permit will be revoked. 143 CHAPTER 20.105 APPEALS AND COURT REVIEW 20.105.000 SCOPE This section provides the basic procedure for processing appeals. In the event a portion of Title 20 which governs the decision being appealed sets different specific requirements for periods of time, eli- gibility of persons to appeal, and so forth, the more specific shall control. 20.105.010 APPEALABLE DECISIONS A. Staff Decisions. Any person may appeal a decision of staff, on the following matters, to the Hearing Examiner in the manner provided in this section: 1. Short subdivisions and lot line adjustments. 2. Home occupations. 3. Interpretations of the text of the Community Development Code. ® 4. Threshold determinations, under Chapter 20.15 (SEPA). 5. Permits or approvals required by Title 18 (Public Works). B Hearing Examiner Decisions. Any person may appeal a final decision of the Hearing Examiner to the City Council in the manner provided in this section. 20.105.020 APPEAL - FILING A. Written Appeal. Appeals shall be written and shall state the following: 1. The decision being appealed, the name of the project applicant and the date of the decision. 2. The name and address of the person appealing, and his or her interest in the matter. 3. The reasons why the person appealing believes the decision to be wrong. 4. Persons to be notified under subsection B below, including correct names and addresses. • 265 \ qq 20.105.020 B. Filing the Appeal. The person ,appealing shall file the . appeal with the Community 1 velop t Director within ten days after the date of the decision being appealed. If an appeal is properly filed within the time limit, the appealed decision shall be suspended until the appeal has been acted on, and no further development action which was the subject of the decision may be taken. If no public hearing has been held earlier, the person appealing shall also provide a list of property owners as specified in 20.95.010 and whom must be notified by the Community Development Department. 20.105.030 APPEAL OF STAFF DECISION A. Department Action. The Community Development Department shall promptly: 1. Send a copy of the appeal to the project applicant if the person appealing is not the applicant. 2. Set the hearing on the appeal for a date that is within 15 days of the date the appeal was filed. 3. Give notice of the hearing as specified in Chapter 20.90. 4. Send a copy of the notice of hearing to the person appealing. 5. Provide a copy of the staff report and decision, minutes of the hearing held on the decision, a response to the appeal, and other relevant documents, to the Hearing Examiner. The project applicant', person appealing and other interested parties shall be notified in writing that the materials are on file and may be reviewed and/or copied at the expense of the person wishing the copies. B. Public Hearing. The Hearing Examiner shall hold a public hearing on the appeal in the manner provided in Chapter 20.90. The Hearing Examiner shall base the decision on the appeal on the same criteria and findings as set forth in this code for the original decision. 20.105.040 APPEAL OF HEARING EXAMINER ACTION A. Department Action. The Community Development Department shall promptly; 1. Send a copy of the appeal to the Hearing Examiner and to the applicant if the person appealing is not the applicant. 2. Send a copy of the appeal to the City Clerk, along with copies of reports, hearing minutes and any other relevant material that the Hearing Examiner has not already sent to the Council as part of his or her decision. B. City Clerk Action. After receiving notice of an appeal of a Hear- FILE COPY (File in: 1504 and 1509 8th Pl. S.)- l ♦�� 200 DAYTON ST • EDMONDS, WASHINGTON 98020 • (20G) 115.` OEPARTMENT OF PUBLIC WORKS Ms. Eileen Stauss Attorney at Law P.O. Box 1850 Seattle, Washington 98111 Dear Ms. Stauss: May 12, 1981 SUBJECT: BASKETBALL HOOP, 8th Place South HARVE H. HARRISON MAYOR Reference is made to your letter_ of April 13, 1981 in which you represented Mr. and Nr.s. David Erickson of 1509 8th Place South. Since the basketball hoop received considerable com- plaints, the Street Use Permit application request was denied. Mr. and Mrs. Gillis did not-. appeal the request. Please be advised that the basketball hoop has been removed from the right-of-way on 8t,11 Place South. >i.nccr.cl.y, JOHN B. MITCHELL Acting Public Works Director RP9/j f_ R. March dt JOHN H. RAYBACK EILEEN GTAUSS :ICES LAW OF JOHN H. `3ACK BUILOING FOURTH 6 BA'I� . SUITE 230 SEATTLE. WASHINOTON Suet (205) 5613-B801 April 13, 1981 Director of Public Works 200 Dayton Street Edmonds, Washington 98020 Edmonds City Council 200 Dayton Street Edmonds, Washington 98020 Gentlemen: MAILING ADOREB9: P. O. BOX 1650 SEATTLE. WA 99111 I have been retained by Mr. and Mrs. David Erickson concerning the recent installation of a basketball hoop on a public right- of-way adjacent to their home. The hoop was erected last month by a private citizen whose property abutts the street involved. The hoop was placed on an island on 8th Place South, which is located in the Heritage Park area in Edmonds. All property owners adjoining the island and the surrounding street are through a mutual covenant jointly and severally liable for any injuries or damages arising from the use of that property. However, the property owner who is responsible for the hoop's erection (Mr. Gillis) not only did not obtain a per- mit from the city but he also did not obtain prior approval from the other owners. I have been advised, however, that the city attorney is aware of this situation but has delayed any action at this time. I am also aware that Mr. Gillis is a pro- minent member of the Edmonds community. Nevertheless, the City has a responsibility to require its building code be followed in instances such as this. The City should not condone the placement of a basketball hoop so near to motor vehicle traffic. Certainly youngsters will be drawn to the hoop and the City could be liable under an attractive nuisance doctrine in addition to its other negligence. The City has not yet supervised usage of the hoop, but cer- tainly it has a duty to do so in light of the location of the hoop on a public right-of-way. The cost of daily supervision of the hoop, plus potential liability exposure,and the fact that the hoop was illegally erected clearly outweighs any private benefits. If a private property owner wishes to erect a basketball hoop on his own property, we Director of Public Works Edmonds City Council April 13, 1981 Page Two L certainly have no objection to his doing so. However, my clients do object to their increased liability exposure. I am certain the City will also object to its multiple exposures once it has studied the facts. The solution is a simple one: Require removal of the hoop from its present location and replacement on the property owned solely by the person who erected it. Mr. Gillis can then maintain the hoop and supervise its use as he desires. Neither the City nor other neighbors could then be liable for its maintenance or use. I trust that you will consider this matter seriously and order the hoop's removal at once. Please be advised, however, that should the City fail to meet its obligations in this matter, my clients will look to the'City for indemnity for any claims - arising from this incident. ES:mmc Very truly yours, &�A� Autla� Eileen Stauss 4-'97 1(2010. CITY OF EDMONDS, PUBLIC WORKS,,I)EPARTMENT 200 DAYT cr T E'UMONW, WA i 98020 U 775-2525 APPLICATION FOR STREET USE PERMIT Date:'%� Description of Public Place or Portion thereof desired to be used: (exhibit may be attached) Type of Use desired to be made of Public Place: c nano .' Ott o rip psy If applicable, attach plans and specifications or any utility or structure to be erected and/or maintained on the Public Placer o r �1k - o TEMPORARY PERMIT: Unless otherwise designated ter a nd, fhfs t` ' � "r � i' a applicant cant to a whop ri t i s understod by pP y of a temporary nature, that it vests no permanent right whatsoever. If the permitted use becomes dangerous or such structure shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this title, the same may be revoked and the structure and obstructions ordered removed by order of the City Engineer. If this application is for a specified period of time, the terms of said application is: INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or descrip- tion whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any ofrits departments or employees, including but not limited to the defense of any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, applicant understands that the City shall be provided a certificate of insurance to indemnify and hold the City of Edmonds harmless from all claims and/or property dapaqqnaming the Cit ofo4vtrAr6c, _,a Edmonds as an is_Lj I, n ured. APPLICATION OF CHAPT R 0. 0 OF THE EDMONDS CITY CODE: Applicant warrants that he has read, or had the opportun ty to read Chapter o t e Edmonds City Code, attached herewith, and understands that'al.l terms of that Ordinance are incorporated herein as if set forth in full and this application and permit therefore are subject to the terms of that Chapter of the Edmonds City Code. pp +cant s 'Signature 14Mae 11/7/74 rev. f % sa City of Edmonds , Public Works Dept. • APPLICATION FOR STREET USE PERMIT -- Page 2 Approval (and Agreement, if applicable) of Abutting Property Owners: Signature Printed Name Address Date MIA W%07Ell El DO NOT WRITE BELOW THIS LINE (To be completed by Issuing Agency) City Council Approval (Attach Minute Entry): • Permit Fee: Annual Fee: due January 1, 19 Amenities Design Board Approval (if applicable) Attach Minute Entry: • Building Official Approval (if applicable): Signature Date Provision for Indemnity: Terms and Provision of Performance Bond, if applicable: (Reference 6.40.050 of applicable Ordinance) PERMIT AUTHORIZATION BY P.W. DIRECTOR: Signature Date Remarks: PERMIT NO. DATE 11/7/74 rev. NAME AND ADDRESS OF AGENCY JIM CARL INSURANCE P.O. BOX 537 SEQUIM, WA. 98382 NAME AND ADDRESS OF INSURED Donald A. & Darlene L. Gillis 1504 8th. Place So, Edmonds, Wa. 98020 COMPANIES AFFORDING COVERAGES COMPANY n LETTER A UNIGARD INSURANI COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liabillt in Thousan S OOO) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ❑ COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIAMLITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM ❑ BODILY INJURY (EACH OCCURRENCE) $ OWNED PROPERTY DAMAGE $ ❑ HIRED BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATI®IN STATUTORY and EMPLOYERS' LIA8ILF1*Y $ (EACHACCIDENT) OTHER 009000 A Homeowners UH 1031 ContinuouE Personal Liability oi nv, , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: DATE CITY OF EDMONDS REPRESENTATIVE 0 W 1t,TA"C) 6.43,L t,�du Ito C" V�A� CVv� A ►y ll�Yi+� ii � � Ct� . 4. b (uo �lk � �CE L tom: u� C� 11cC �C�C k LCGViC G�\. VJ 6�,C a) tiq- . 44,Z <Jkvo ,& d,(A c ct, c�. c� c Vy.O lu.,, cC,(Y'j 'Le3 Cl�rr,� b°��`^ uw� - ,I%CC� vy�,,� `�••' � �zt''�`� ��.a�,.ctC,j�, c:�,�.� w�c�-jC�'ti''' .�-�1.� �i � SC.LU JL3 Uj-L l i� -C �t� i�� t U� v�� a1�, j A a(-Wb,u&- -,U A&LLk Ow-, Rt&,,n(Lf Ot'(LLti u k-l!) ►tom ^SUN , o la UIV" ' ce tic 1,-) Vvr hUL .:) CS a L4V, %OLYA Q q4.c LL t,a lt,6 Q+pdA' ✓ cam, Yam— p �� j (�-r:'� c1,� ��LLQ GQ �L L A r �Q� l b S 11, CY l L PE r-C�L:tw—q V� CL UU UU i �J IDq W QN, S /'S7o5' Fd, 11Z Sv r, f, • NOTICE TO PERMITTEE AND/OR OWNER ❑ PARTIAL APPROVAL ❑ VIOLATION ❑ CORRECTIONS REQUIRED N"ER D��BE���i��''iC� JOB ADDPXIW NO PERMIT — STOP WORK — REMOVE CONSTRUCTION OR OBTAIN PERMIT AND MAKE WORK COMPLY WITH BUILDING LAWS. ❑CONSTRUCTION IS NOT IN ACCORDANCE WITH APPROVED PLANS AND PERMIT — STOP WORK. MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. ❑ STOP WORK — UNTIL AUTHORIZED TO CONTINUE BY INSPECTOR. ❑CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. ❑ WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. ❑CONTACT INSPECTOR AND ❑ RECALL FOR INSPECTION. ARRANGE FOR APPOINTMENT. THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN ... 1�1.......... DAYS OR PENALTIES IMPOSED BY LAW MAY BE APPLIED. FOR INSPECTIONS CALL: 775-2525. 19 BUILDING DIV. sp - ❑ PUBLIC WORKS CITY OF IBATE / ❑ FIRE DEPT. EDMONDS a CITY OF EDMONDS .t CIVIC CENTER - EDMONDS. WASHINGTON 98= (206) 775-2525 w.A COMMUNITY DEVELOPMENT DEPARTMENT April 3, 1981 Mr. and Mrs. Donald Gillis 1504 8th P1. S. Edmonds, WA 98020 Dear Mr. and Mrs. Gillis: HARVE H. HARRISON MAYOR SUBJECT: BASKETBALL POST AND HOOP IN CITY RIGHT-OF-WAY The City Engineer's office has received numerous complaints regarding the subject basketball hoop within the public right- of-way. Our records show that no Street Use Permit was issued for the subject hoop (Chapter 18.70, Edmonds City Code). On March 31, 1981 a correction notice was posted on the site (copy attached), in order to bring the violation into compliance with city code. To date no action has.been taken to remove the subject hoop or secure the proper permit, therefore the City is scheduled to remove the subject hoop on Wednesday, April 8, 1981 unless other- wise removed. If you have any questions, please do not hestitate to give me a call. Jerr ater ie Building/Engineer Inspector JS/cn cc Jim Adams, City Engineer attachment 0 NOTICE TO PERMITTEE AND/OR OWNER ❑ PARTIAL APPROVAL ❑ VIOLATION ❑ CORRECTIONS REQUIRED NUMBE -� NUMBS t' JOB ADDRE88 NO PERMIT - STOP WORK - REMOVE CONSTRUCTION OR OBTAIN PERMIT AND MAKE WORK COMPLY WITH BUILDING LAWS. ❑CONSTRUCTION IS NOT IN ACCORDANCE WITII APPROVED PLANS AND PERMIT -- STOP WORK. MAKE EXISTING WORK COMPLY WITH APPROVED PLANS AND PERMIT OR REMOVE IT. ❑ STOP WORK - UNTIL AUTHORIZED TO CONTINUE BY INSPECTOR. ❑CORRECTIONS LISTED BELOW MUST BE MADE BEFORE WORK CAN BE APPROVED. ❑ WORK DESCRIBED BELOW HAS BEEN INSPECTED AND IS APPROVED. ❑CONTACT INSPECTOR AND RECALL FOR INSPECTION. ARRANGE FOR APPOINTMENT. ❑ THE ACTIONS OR CORRECTIONS INDICATED ABOVE ARE REQUIRED WITHIN ... e........... DAYS OR PENALTIES IMPOSED BY LAW MAY BE APPLIED. FOR IN PECTIONS CALL: 775-2525. _ , R§ BUILDING DIV. 8P ❑ PUBLIC WORKS CITY OF EDMONDS ATE ❑ FIRE DEPT. 0 CITY OF EDMONDS HARVE H. HARRISON CIVIC CENTER EDMONOS, WASHINGTON 98020 • (206) 775-2525 MAYOR COMMUNITY DEVELOPMENT DEPARTMENT DATE: Apri 1 17, 1981 TO: Barbara Erickson 1509 8th Place South Edmonds, WA 98020 TRANSMITTING: Letter from Jerry Saterl i e to Mr. & Mrs. Gillis dated April 3, 1981 and Letter from James Adams to Mr. & Mrs.. Gillis -dated April 13, 1981. AS YOU REQUESTED: FOR YOUR INFORMATION: AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: COMMENT AND RETURN: MINUTES OF MEETING: REMARKS: xxx xxx PLANNING DIVISION APPLICATION. The City of Edmonds s for EASEMENT NO .................. IDE 4AWER PERMIT ..._._.:. NEW CONSTRUCTION REPAIRS ❑ LID NO,..�re 0 T. NO............. OWNER F 1.-t1 •_..sK^^• =_ ,: ..... .. C4NTRACTOR --*'. M --- CfJ!�'a T r�i-r� 5 .._ PERMIT ,NO: c. r� JO$, ADDRESS ..._"—S-- - .LAI, DESCRIPTION: .O � BLOCK NO. _ NAME OF ADDITION ----- J—.-. k. a--a'r>, .- P K_.:_...,:,�..:...:....... ..:.,:..' Approved: DATE-z�'�� . EY ..:.;.:. ., WFcTER=$E WE)Et'; DEPARTMENT PEIRMIT'< w • a. - ofb tioni%1 225for-,sid-sewer,,-insecions;BER'covringany tion nCll7765.Eeholiay, nspectlona'_iVlnspectlon will' be pwithin24hourar afterr;rO - - .,ADDRESS` LOCATION OF CONSTRUCTION :..as ............. ........ a ..,... .. PROPERTY LEGFILRDESCRIPTION .... ..- k" � b-"fir» �......:..,, �..; ..'- c r... •..,r ` TPA -............................- � I r'................................................ ............................................... .. ... ... ... :. ..:- .. QWNER',AND%OR'-'BU!ILD' .=S_ c�•`.,11� ::��' ,CONTRACTOR'S N+AME'-&(( ADDRESS ............... '.. .;� ,� �^" �;?";� . Pemnisslom, is granted ...v �'n " ....::...._.... ....:�.19: j � , or •repair and'/or connection, iof' ia• s de, sewer. to;. the city •sanitary sewer. s ccordance,with City of Edmonds ordinances. A NTION'IS CALLED -.TO• THE:FOLL'OWING:: � .'NOTE: No: 1—T"y3wners;,of:lthe property, maylobtainl a,permit-do construct',sewer-iinside�,property]ine 'A licensed Side; Sewer Contractor,must be,employed?to,.conatruct., , a ide,eewer;in:atreet_area., Do not cover any portion, of sewer,before.it -has been inspectedri; NOTE No: 2—A51.�work _performed!,in city right-of-way requires an invasion ;of Rightrof;way. •Permit obtainable from the 'City Engineer s:-office NOTE No: 3—Obtaln'.full,information• regarding,�Ordinance,1T'.I' t030 and Regulations+ -., governing. slde,•sewers whent:you:get;permit NOTE No: 4—Top offside sewer must -have at least-30 inches. coverage at property .line and 72.1nchea insider,property 41ne; minimums,%rade•:oP 2% �-No bends in -grade,', : stiarperahari �/a';wilU;be permitted'. •NOTE'•No; S:—Trenches in.;stieeb must be� water settled and"surface.,of, street; restored fo•;orlginal, condition.' ,Contractors' shall Abe -;responsible for failure, due ito� dmproper • i work which -;may. develop within one ea •yr- of :completion., • - \ ° NOTE No: B,—It to,alter' or .do -'any' ofher:,woik than' Is, provided'_ifor in ,ttio perinft„ or to �do,,any work -on the..mai_n.,sewer, or�its ,appurtenances,,excebt to in- - ' " sert the,plpe:inlo•"the.,wye. - - 1 DISAPI'RUVED i0 .Dato >�" By Date By Date By i } APPROVED`4 •Dates.=...s. '? ;_... . fRelnarka: t ••.........................- ' .- ........................................................ _. ................ ' ........ ........ ............ •.................... .... .... ! I ,\> .—;BOTH Permit='Copies=MUST Be' Slgned.;By Owi1e1 ,of 'Firm Performing Constructon?PRIOR T(D,Request: For Inspection,— 1 hereby certif tfiat,the"side sewer installation''constructed un I;\ l�? �`il' :::..... .,, der thls'permlt , •+`• '(Owner, of Contracting. Firm _erfcrming Construction) - - - - ! - 3 w installed in,,a:dcordance.with alh:governing,`.ordinailces: of'ahe City:•of'Edrrionds 1 42 ;Datedl aliis:.......... . day, of J J .•Check BEFORE:yoi dig fora Water`-p; Ga ' ❑, ;Telephone ❑,i . Power.,0; Sewer ❑; Other i❑� �` x� t O I