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Ordinance 1416ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON, PROVIDING FOR PERMITS FOR THE USE OR OCCUPANCY OF PUBLIC PLACES, REQUIRING APPLICATIONS THERE- FORE, PROVIDING FOR THE PROCESSING THEREOF, PROVIDING FOR INDEMNITY PROVISIONS AND RELATED REGULATIONS AND CONDITIONS, DECLARING SAID PER- MITS TO BE REVOCABLE AND PROVIDING PENALTIES. THE CITY COUNCIL OF THt CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 6.40.010 Permit required It shall be unlawful for anyone to use any public place, for private purposes, without a written permit from the city engineer so to do, and without complying with all of 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 6.40.020 Application___- Iniormation___recLuired Applications for permits herein provided for shall be filed with the city engineer. Such applications shall be directed to the city council and shall contain, (1) an accurate des- cription 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 con- struct an areaway, or fuel opening, sidewalk elevator or door, a certificate from the 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-6.40.030 Processing of applications The city engineer shall examine each application to determine if it complies with the provisions of this Ordinance relating thereto. The city engineer may inspect the premises or property 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 and transmit the same to the city council. Any application for a permit to construct, erect or maintain an awning, marquee, sign areaway, or any structure in a public place shall be transmitted by the city engineer to the building official, who shall ascertain if the plans and specifications conform to the regulations pertaining to safety, material and design of the building code. The building official shall then endorse his findings on the application and transmit the same to the city engineer. If the city council, in regular session finds that the application conforms to 1--he requirements of the Edmonds City Code pertaining thereto, and also that the proposed use of such public place will not unduly interfere with the rights of the public, said council may approve thereof, and if approved, shall fix the time for which the permit may be granted and shall direct the city engineer to issue a permit, upon the applicant's compliance as herein specified with the provisions of this Ordinance and such conditions as deemed necessary by the city council. Section 6.40.040 Indemnity on_approvea applications for permits If the city engineer and/or the city council determines that there is a possibility of injury, damage, or expense to the city arising from an applicant's proposed use of any public place, the applicant may be required -2- to provide adequate provision for indemnity. In addition the city may require as a condition for such permit bonds, deposits or other provisions to provide for inspections, surveys, plans, and other services performed by the 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, the cost of filing of an indemnity agreement with the city, if such an agreement is required with the permit, and any other expense the city may sustain in con- junction with the permitted work. If the city engineer or the city council determines that engineering or similar studies must be made prior to the approval of any appli- cation for permit, the cost of such study shall be paid for by the applicant, or deducted from his indemnity de- posit, if one is required. The applicant in lieu of, or in addition to a cash indemnity deposit may, as may be required by the city council or the city engineer, file with the city a surety bond, which said bond shall assume all the requirements provided in the above paragraph in relation to indemnity, shall run for the full period of said permit, and shall be in an amount to be fixed by the city council or the city engineer, and conditioned that such applicant shall faithfully comply with all the terms of the permit and all the provisions of this and all other ordinances of the city of Edmonds, and indemnify and save the city of Edmonds 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. -3- If the application shall be to construct, reconstruct, repair, maintain, or remove any sidewalk, pavement, sewers, watermains, grading, street lighting, or appurtenances thereto, the applicant may be required to file with the city a surety bond, which said bond shall run for the full period of said permit plus one year after the acceptance of the permitted work by the board of public corks or the city engineer, and shall be in an amount fixed by the city engineer and conditioned that the applicant shall faith- fully complete all portions of the work according to the standard plans and specifications of the city of Edmonds, and the special plans approved by the city engineer. Section_6_40.050 Indemnity to ._save city harmless from 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, retaining wall, rockery, structure, or any facility therein, in addition to the fore- going 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, subleassee, tenant and subtenant 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 Edmonds an agreement in writing, signed and acknowledged by such owners and by any such existing lessee, sublessee, tenant and subtenant, and containing an accurate legal description of said premises and covenant on the part of such owner, lessee, sublessee, tenant and subtenant, for ME themselves and their heirs, executors, administrators, successors, assigns, iesse�es, sublessees, tenants and sub- tenants, forever to hold and save the city of Edmonds 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 persons by reason of the use of such public place, br of the construction, existence, maintainence 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 exe- cuting the same, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants, assuming the duty of inspecting and maintaining all services, instrumentalities 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 Edmonds harmless from any and all loss, damage or injury that may result to his or their own person or property, or the person or prop- erty of another, by reason of such services, instrumental- ities 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 days' notice, posted on the premises, or by publication in the official newspaper of the city of Edmonds, or without such notice, in case the permitted use shall become dangerous, or such structures 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 -5- the structure and obstructions ordered removed. Section 6.40.060 Revocation of permits All permits granted tinder 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 days' notice; or without notice, in case any such use or occupation shall become dangerous or any structure or ob- struction 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, obstruction, use or occupancy is not discontinued on notice so to do by the city engineer, he may forthwith 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 council shall establish the fees applicable to all such permits heretofore or hereafter issued commen- surate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits and the use thereby granted, which shall be collected by said city as a condition to the issuance or continuance of any such permit; and in order to effectuate collection of such fees the city shall promptly notify holders of outstanding permits issued pursuant to previous ordinances of the city of Edmonds, from time to time, to pay the applicable fee or the permit will be revoked. -J- Section 6.40.070 Additional conditions Such ad- ditional conditions and requirements as found by the city council as necessary for the protection of the city and the public, such as set back distances, costs of restoration, rights of opening for utility purposes; and similar matters, may be required as a condition or conditions to any permit granted hereunder. Section 6.40.080 penalties Any person or persons who shall violate or fail to comply with any of the pro- visions of this Ordinance shall, upon conviction for said violation be punished as provided in Section 5.12.170 of the Edmonds City Code. APPROVED: H . H . HA RR I S ON MAYOR ATTEST: IRENE VARNEY M� CITY CLERK FILED WITH THE CITY CLERK: March 4, 1969 PASSED BY THE CITY COUNCIL: March 18, 1969 PUBLISHED: March 26, 1969 -7-