Ordinance 32920006.90000
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ORDINANCE NO. 3292
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING CHAPTER 18.70 STREET USE
PERMITS AND IN ITS PLACE ENACTING A NEW CHAPTER
18.70 STREET/RIGHT -OF -WAY USE AND ENCROACHMENT
PERMITS AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the right -of -ways and other public places of the City of Edmonds
must be safely maintained for the safety and convenience of the public, and
WHEREAS, adjacent property owners, both residential and commercial, in many
cases own the fee underlying public easements and make limited appropriate use of the right -of-
ways for planting and other attendant purposes which enhance the visual character of the
Edmonds community as well as can reasonably promoting economic development through
carefully tailored use of such public right -of -ways for signs, awnings, street furniture, marquees,
retaining walls, and other similar temporary and permanent structures pursuant to permit, and
WHEREAS, current street use provisions provide a structure which is appropriate
for commercial settings in the downtown area but which does not provide reasonable
administrative flexibility to permit property owners in residential areas an administrative option
to promptly and flexibly permit uses of the public right -of -way consistent with the safety of the
traveling public and,
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WHEREAS, the City Council deems it appropriate to expand the street use
provisions to permit minor landscaping and other temporary encroachments to the public right-
of-way subject to encroachment agreements and other protections, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended by
the repealed Chapter 18.70 Street Use Permits and the enactment in its place of a new Chapter
18.70 Street/Right -of -Way Use and Encroachment Permits to read as follows:
18.70 Street/Right -of -Way Use and Encroachment
Permits:
18.70.000 Permits Required
No person shall use or encroach upon any public place without a
permit from the Development Services Director and City Engineer.
a. To encroach means to construct, erect or maintain
in, over or under any public place, right -of -way, roadway, parking
strip and/or sidewalk, including the air space above them, any sign,
building extension, staging, scaffold, marquee, clock, retaining
wall or any other building or structure, or to occupy a public right -
of -way during construction activities for equipment or storage.
b. To use means to place or maintain in, over or under
any public place, right -of -way, roadway, parking strip and/or
sidewalk, including the air space above them, lawn furniture or any
other temporary or movable object.
Neither of the above definitions shall be interpreted to prohibit the
parking of a properly licensed vehicle within the parking strip
adjacent to their property line of sight, and street plantings.
18.70.010 Exemptions
This chapter shall not apply to:
a. Any non - commercial use in areas zoned residential
which does not involve a building or structure other than a fence.
Fences shall be permitted in accordance with this Chapter and the
provisions of the Edmonds Community Development Code. This
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exemption use shall not be construed to grant any vested right of
use or to permit the continuation of such use and such uses are
hereby deemed and declared to be permissive and shall be
promptly removed upon the order of the City of Edmonds.
b. Street maintenance work performed by the city,
street or sewer installation or improvement work authorized by
permit or ordinance, street improvement projects or utility work
covered by a blanket permit pursuant to the order of the City
Engineer.
18.70.20 Applications
Applications for street/right -of -way use or street encroachment
permits shall contain, in addition to the information required under
any other applicable City code, the following information:
a. Use or Encroachment. A description of the use or
encroachment to be made of or within the public place or right -of-
way by the applicant.
b. A legal description, drawing, or other appropriate
designation of the public place or right -of -way to be used or
encroached upon.
C. Ownership. Evidence showing the applicant(s) to
be the agent or record owner of the property immediately adjoining
the public place or right -of -way.
d. Such other information as the City Engineer or
designee of the Development Services Director shall designate.
e. The City Engineer may require that. the application
attach an Encroachment Agreement in a form esablished by the
City, if, in the City Engineer's discretion, he /she deems it
reasonably necessary due to the size, duration and/or nature of the
encroachment. The Encroachment Agreement shall require prompt
removal of the encroachment by the applicant or his/her /its
expense upon reasonable demand by the City Engineer, adequate
security for performance of such requirement, and be in a form
approved by the City Engineer and legally adequate for recording
in the land records of Snohomish County and the chain of title of
the applicant(s)' property. Such Encroachment Agreements may
be executed as acknowledged on behalf of the City by the City
Engineer and recorded by the City Clerk following approval as to
form by the City Attorney.
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18.70.030 Review.
A. Architectural Design Board. Any application for a permit
to construct, erect or maintain an awning, marquee, sign or any
structure in a public place shall be referred by the Development
Services Director or his /her designee to the Architectural Design
Board. The Board shall review the plans and specifications as they
relate to Chapter 20.10 ECDC.
Applications for mobile street vending units shall be reviewed in
accordance with ECC 4.12.055 by the Architectural Design Board.
B. Issuance by Development Services Director and City
Engineer. The Development Services Director, City Engineer or
their respective designee, may administratively, without hearing,
approve a street /right -of -way use or encroachment permit if:
1. The proposed use shall not interfere with vehicular or
pedestrian traffic, including but not limited to the following
requirements.
a. No portion of the public right -of -way designed and
intended for vehicular traffic or parking shall be occupied,
permanently or temporarily;
b. Requirements of the State Building Code, including
but not limited to all provisions relating to handicapped
accessibility and barrier free design requirements shall be met; and
C. Any mobile vending units shall be properly licensed
pursuant to Chapter 4.12 ECC;
2. The Architectural Design Board has reviewed and
approved any proposal which includes a request to construct, erect
or maintain an awning, building, sign or any building or structure;
3. The proposal will not unreasonably interfere with the rights
of the public; and
4. The proposal is in the public interest, safety and
convenience.
C. Appeal. The decision of the Development Services
Director and City Engineer, or their respective designees, may be
appealed to the hearing examiner under ECDC 20.105.030
D. Whenever, in the discretion of the Development Services
Director and City Engineer or their respective designees, the
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issuance of the permit could negatively impact the public interest
by imposing a risk of liability, the applicant may be required to
provide a certificate of insurance naming the city as a primary
named insured and providing that it shall be primary as to any
other policy of insurance in any amount sufficient to insure the
anticipated risk, or in the event that such policy cannot be
obtained, a covenant to hold harmless and indemnify the city
which will be recorded and run with the land in a form approved
by the city attorney.
E. Nothing herein shall be interpreted to permit the base or
ground support for any sign to be located upon or attached to the
ground within the public right -of -way.
18.70.040 Revocation.
A. 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 ECDC
20.100.040 (Review of Approved Permits) upon 30 days 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 chapter.
B. If any such structure, obstruction, use of occupancy
is not discontinued on notice to do so by the City Engineer and
within the time period designated, 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 permitee, or his successor, and such expense may
be recorded as a lien and otherwise collected in the manner
provided by law.
18.70.050 Fees.
Application fees for street/right -of -way use or street
encroachment permits are those established by the City Council.
Application fees for street use permits shall be paid to the city prior
to issuance of any street use permit. Renewals of street use permit
for the maintenance of any continuing use or structure in the public
right -of -way shall be reviewed in accordance with rules established
by the development services director.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MWMA:kNot �,
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ATTEST /AUTHENTICATED:
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CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT E C AT Y.
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01/14/2000
PASSED BY THE CITY COUNCIL: 01/18/2000
PUBLISHED: 01/30/2000
EFFECTIVE DATE: 02/04/2000
ORDINANCE NO. 3292
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SUMMARY OF ORDINANCE NO. 3292
of the City of Edmonds, Washington
On the 18th day of January, 2000, the City Council of the City of Edmonds,
passed Ordinance No. 3292. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CHAPTER
18.70 STREET USE PERMITS AND IN ITS PLACE ENACTING A NEW CHAPTER 18.70
STREET/RIGHT -OF -WAY USE AND ENCROACHMENT PERMITS AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of January, 2000.
CITY CLERK, SANDRA S. CHASE
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Recording requested by
When recorded mail to:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.
Project No. & Name:
Right -of -way permit no.
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ( "Agreement ") is entered into between the
CITY OF EDMONDS ( "City ") and ( "Owner "), in accordance with
Chapter 18.70 of the Edmonds Community Development Code.
1. The Property. Owner is the owner of that certain real property located at
, within the City of Edmonds, Washington, Assessor's parcel Number ,
and more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference.
2. The Easement. City currently owns an existing easement over, under, and across
Owner's property for which easement is described in Exhibit `B" attached hereto and
incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow to remain in a portion of the easement. A plat showing
the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by
reference. This Agreement is subject to the following terms and conditions:
a. The encroachment shall be installed and maintained in a safe and sanitary
condition at the sole cost, risk, and responsibility of the owner and its successors in interest.
b. The Owner shall agree at all times to indemnify and hold the City free and
harmless from any and all claims, demands, losses, damages, or expenses resulting from the
construction, maintenance, use, repair or removal of the structure installed hereunder, including
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any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or
death of persons.
C. The Owner must remove or relocate any part of the encroachment within
ten (10) days or such other time as specified in the notice after receipt of it from the City
Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof
shall constitute a lien upon the property.
d. Whatever rights and obligations were acquired by the City with respect to
the easement shall remain and continue in full force and effect and shall in no way be affected by
city's grant of permission to construct and maintain the encroachment structure.
4. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered
or certified with return receipt requested, or by other comparable commercial means and
addressed as follows:
If to the City:
City Engineer
City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
If to the Owner:
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall not
constitute a waiver of any other default by Owner and shall not be deemed a waiver or render
unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of
any default must be in writing and shall not be a waiver of any other default concerning the same
or any other provision of the Agreement.
7. Successors and Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and assigns.
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Owner agrees to incorporate this agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
8. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party has the authority to execute this Agreement and by such signature(s) thereby
bind such party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 1999.
OWNER:
ATTEST /AUTHENTICATED:
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
W. Scott Snyder, City Attorney
STATE OF WASHINGTON )
COUNTY OF KING )
CITY OF EDMONDS
LIM
Jim Walker, PE
City Engineer
This day, personally appeared before me, , to me known
to be the person who executed the within and foregoing document and signed the same before
me as the City Engineer of the City of Edmonds and that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
Notary Public
Typed or Printed Name
My Commission expires:
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Affidavit of Publication
STATE OF WASHINGTON, )
COUNTY of SNOHODUSH,
SUMMARY OF ORDINANCE The undersigned, being first duly sworn on oath deposes and says
NO. 3292
of the as ington ds, that she is Principal Clerk of THE HERALD, a daily newspaper
Washington P Y P
On the 18th day of January,
loo, the City Council of the C printed and published in the City of Everett, County of Snohomish,
Edmonds, passed Ordinance
�. 3292. A summary of the and State of Washington; that said newspaper is a newspaper of
mlent of said ordinance, con -
sting of the title, provides as
(lows: g eneral circulation in said County and State; that said newspaper
V ORDINANCE OF THE CITY
F EDMONDS, WASHINGTON, has been approved as a legal newspaper by order of the Superior
EPEALING CHAPTER 18.70
rREET USE PERMITS AND IN Court of Snohomish County and that the notice.....
THE
1E SHALL BECOME EF-
TIVE.
to full text of this Ordinance
)e mailed upon request.
4TED this 19th day of Janu-
2000.
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Summary of Ordinance NO. 3292
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City of Edmonds
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
Janoyy 30, 2000
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