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Ordinance 25-008 SVMC 7.05.040 and 9.50 Regulating Rights of WayCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25 — 008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING SECTION 7.05.040 AND ADOPTING CHAPTER 9.50 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO REGULATING RIGHTS -OF -WAY THROUGH PERMITTING AND ENFORCEMENT PROCEDURES, AND OTHER MATTERS RELATED THERETO. WHEREAS, pursuant to Article XI, section 11 of the Washington State Constitution, and RCW 35A.11.020, the City has authority to manage and regulate the rights -of -way so as to preserve the traveled way for the traveling public; and WHEREAS, the City currently issues right-of-way permits pursuant to chapter 22.130 SVMC "Development Transportation Improvements"; and WHEREAS, regulating right-of-way permits via the development regulations has resulted in challenges for applicants, permittees, and staff; and WHEREAS, right-of-way permits, as licenses to conduct activity or work within the rights -of -way are not development regulations related to the use of private property; and WHEREAS, this Ordinance 25-008, updates permitting and enforcement procedures for use of the rights -of -way; and WHEREAS, in conjunction with this Ordinance 25-008, the City Council is considering Ordinance 25-007 related to CTA 2024-0002, which proposes removing the right-of-way permitting procedure from chapter 22.130 SVMC to Title 9 SVMC; and WHEREAS, on April 22, 2025, the City Council held an administrative report to consider the adoption of new chapter 9.50 SVMC and amendments to SVMC 7.07.040; and WHEREAS, on May 20, 2025, the City Council considered a first ordinance reading and voted to advance the ordinance to a second reading. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance 25-008 is to adopt chapter 9.50 of the Spokane Valley Municipal Code ("SVMC") and amend SVMC 7.05.040 both relating to the regulation of rights -of -way through permitting and enforcement procedures. Section 2. Amending SVMC 7.05.040. SVMC 7.05.040 is hereby amended to read as follows: 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the City including on the property of any person, firm, or entity or upon any public rights -of -way abutting a person's, firm's, or entity's property. Prohibited public nuisances include, but are not limited to: Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 1 of 11 A. Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair the free and frill use of any public walkway, sidewalk, or street; or violate City clear view triangle regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk, or street. 2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the SVMC (including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Accumulations of dirt or debris not removed from a public sidewalk. D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery. 1. Building and Construction Materials. Any accumulation, stack, or pile of building or construction materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated with a current, in -progress project and not in a lawful storage structure or container. This provision does not apply to a designated contractor's yard. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight -fitting lid. b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or dead vegetation (excluding properly maintained residential compost piles). 3. Furniture, Appliances, Furnishings, and Equipment. a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved enclosed structure. b. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4) shall include such machinery and equipment as vessels, boats, jet -skis, snowmobiles, aircraft, golf carts, and the like, but shall not include junk vehicles, which are regulated pursuant to SVMC 7.05.040(N). Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 2 of 11 E. Fire Hazards. Any stack or accumulation of newspapers, dead vegetation (excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic substances or materials. G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. H. Bodies of Water. 1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any City -approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of another federal, state, county, special purpose district or city agency. 1. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. K. Noise. 1. Any noise or sound that, originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off -highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1): a. Normal use of public rights -of -way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 3 of 11 g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; 1. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; in. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 4 of 11 L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace, comfort, or repose of a reasonable person. This provision does not include permitted agricultural activities. M. Yard Sales. The holding or permitting of either: 1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two consecutive weekends; or 2. More than three separate yard sale events in one calendar year. The prohibition under SVMC 7.05.040(M) shall only apply to dwellings, including but not limited to single-family, multifamily, and duplex dwellings. N. Junk Vehicles and Unlicensed Vehicles. All junk vehicles and unlicensed vehicles, or parts thereof, placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(N) does not apply to: 1. Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not visible from the street or other public or private property; 2. Any vehicle or part thereof that is stored or parked in a lawful manner at a (a) licensed vehicle dismantler or licensed vehicle dealer business, and the property is fenced pursuant to RCW 46.80.130, or (b) legally established vehicle repair business. 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which pants are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in SVMC 7.05.040. Good faith efforts of repair may include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the city manager or designee shall have the discretion to grant one additional 60-day exception period pursuant to SVMC 7.05.040(N). Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land in any consecutive 12-month period; 4. There shall be allowed as exceptions to SVMC 7.05.040(N) up to one junk vehicle or unlicensed vehicle in R-1, R-2, R-3, and R-4 zones, so long as it is completely sight -screened by maintained landscaping, a maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted SVMC landscaping, berm, or fencing requirements pursuant to Chapter 22.70 SVMC. O. Graffiti. Any graffiti on public or private property. P. Development Code Violations. Any violation pursuant to SVMC Titles 19, 20, 21, 22, 23, 24, and/or 25. (Ord. 23-019 § 2, 2023; Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 17-010 § 1, 2017; Ord. 17-004 § 3, 2017; Ord. 12-026 § 3, 2012; Ord. 08-024 § 2, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 3, 2005; Ord. 04-038 § 3, 2004; Ord. 03-083 § 4, 2003). Q. Camping on Private Property Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 5 of 11 1. Except as otherwise provided herein, it shall be a public nuisance to camp on private property. 2. Camping" or "camping" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. 3. "Camp facilities" has the same meaning as defined in SVMC 7.50.015. 4. "Camp paraphernalia" has the same meaning as defined in SVMC 7.50.015. 5. If the City obtains an order of abatement due to unlawful camping on private property, then prior to and in connection with removing personal property from the private real property, the City must comply with the procedures identified in SVMC 7.50.030(B)(1) — (2). 6. SVMC 7.05.040(Q) does not apply to: a. Legally established campgrounds and RV parks. b. Temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. c. Camping on property without a legally established habitable residence where (i) the property owner is among those camping, and (ii) such camping does not exceed 14 days in a calendar year. d. Camping on property with a legally established habitable residence, but only if and while (i) a property owner, lessee, or tenant of the property is physically present, (ii) said owner, lessee, or tenant gives express consent for such camping, and (iii) no nuisance conditions or activity is present on or emanating from the property. Contiguous parcels under common ownership shall be considered one parcel for purposes of enforcing this subsection. 7. Beginning in the year 2026, staff shall provide the Spokane Valley City Council with a written report during the first fiscal quarter of each year. This report shall identify (a) the number of complaints the City received during the preceding calendar year alleging prohibited camping on private property, (b) the number of private property camping violations City staff determined had occurred, and (c) a summary of the City's enforcement efforts. The report shall separately identify complaints and violations of subsections 6.b, 6.c, and 6.d above. R. Objects in Right -of -Way. 1. Right-of-way obstructions. Any object, construction, placement of material, or accumulation of material that inhibits or obstructs the use of a public right-of-way including, but not limited to, landscape materials, equipment, machinery, portable toilets, storage containers, shopping carts, refuse containers, and signs. SVMC 7.05.040(R) does not include objects, obstructions, or use of the public right of way for official purposes authorized by the City of Spokane Valley or where a valid right-of- way or other permit has been issued that specifically allows for the obstruction. 2. Abandoned Property in right-of-way. a. Persons owning or occupying property that abuts any public right-of-way shall not allow any abandoned property to remain on their property or in the public right-of-way adjacent to their property line. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 6 of 11 b. Except for vehicles and licensed trailers, all property placed in the public right-of-way, including but not limited to any personal and household items, furniture, appliances, machinery, equipment, building materials, or other items, shall be deemed abandoned and a public nuisance in violation of this chapter after being in the right-of-way for 48 hours. This includes, but is not limited to all property left in the public right-of-way for more than 48 hours because of an eviction or a forcible entry and detainer or unlawful detainer action. 3. Failure to obtain, or adhere to the terms of, a right-of-way permit pursuant to chapter 9.50 SVMC, or any other violation of chapter 9.50 SVMC. Section 3. Adopting new chapter 9.50 SVMC. Chapter 9.50 SVMC is hereby adopted as follows: 9.50.010 Right -of -Way Permit Applicability 9.50.020 Expiration 9.50.030 Emergency Repairs 9.50.040 Right -of -Way Permit Application 9.50.050 Right -of -Way Permit Fees 9.50.060 Application Process 9.50.070 Construction Standards 9.50.080 Maintaining Access 9,50.090 Traffic Control 9.50.100 Damage to Existing Infrastructure 9.50.110 City's Right to Restore Right -of -Way and Easements 9.50.120 Insurance — Evidence 9.50.130 Indemnification and Hold Harmless 9.50.140 Rules and Policy 9.50.150 Violations — Penalties 9.50.160 Liability 9.50.010 Right -of -Way Permit Applicability. Unless exempt under (1), (2), or (3) herein, a right-of-way permit is required of any person or entity who performs construction work or otherwise engages in activity that creates an obstruction within existing City rights -of -way, easements, or other City -owned property reserved for the travelling public. A right-of- way permit authorizes a permittee to perform work or conduct activity in a right-of-way, easement, or other City owned property reserved for the travelling public. Permits shall not be required for the following: 1. Work done by or for the City within its rights -of -way, easement, and/or City owned property. 2. Work that is two hours or less in duration, and (a) maintains 10 feet of travel width in each direction on a nonarterial street, (b) does not close any lanes on an arterial street, (c) does not involve excavation within the rights -of -way, and (d) does not involve cutting or placement of pavement, sidewalks, curbs or gutters. 3. Owner or tenant provided maintenance of residential landscaping, provided that all work remains outside of the roadway. For the purposes of this section SVMC 9.50.010(3), maintenance of residential landscaping does not include placement of any object including but not limited to any structure, building, plant, vegetation, landscaping material, or tree within the right-of-way. All such objects shall be deemed nuisances and subject to enforcement pursuant to chapter 7.05 SVMC. Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 7 of 11 9.50.020 Expiration. Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the date of issuance, with a one-time 30-day extension available. Right-of-way permits issued between October 1st and March 31 st shall be valid until the following April 30thwith one or more 30-day extensions or to a date determined by City Engineer. 9.50.030. Emergency Repairs. In the case of an emergency repair, a private or public utility may commence work prior to obtaining a permit, provided the person responsible for the work obtains a construction and right-of-way permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period. 9.50.040 Right -of -Way Permit Application. A. No right-of-way permit shall be issued unless a written application is submitted and approved by the City. The application shall, at a minimum, contain the following: 1. Construction plans or drawings approved by the City, if required; 2. A traffic control plan;3. The period of time during which the right-of-way will be obstructed; 4. Proof that the contractor's and all subcontractors' meet state and City licensing requirements; and 5. Insurance policies for the contractor(s) and subcontractor(s) pursuant to SVMC 9.50.120. B. Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans prepared by a Washington -licensed engineer at the applicant's sole cost and expense. 9.50.050 Right -of -Way Permit Fees. Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. In addition to any other penalty, fee, or claim authorized by law, any party responsible for work or other activities for which a permit is required pursuant to this chapter but not obtained prior to the work or activity, shall be required to obtain the necessary permit, the cost of which shall be double the cost of the necessary permit in accordance with the currently adopted Spokane Valley master fee schedule. 9.50.060 Application Process. Applications shall be submitted not less than three (3) business days before any work or activity is planned to commence. The City shall not be responsible for any delays in issuance of a permit for any reason including but not limited to the application missing information, the complexity of the project, staffing levels, the extent of traffic control, or traffic control conflicts. The City encourages applicants to submit complete applications as soon as possible. Applicant shall notify the City 48 hours in advance of work commencing in the City -owned right-of-way, easements, or City -owned properties. Applicant shall notify the City within 1 business day of the completion of work contemplated by the subject permit. Construction notification signage shall be required for permitted work durations longer than 6 days and shall identify project contractor and contact information in accordance with Spokane Valley Street Standards Chapter 9.7.1. 9.50.070 Construction Standards. All work within the City rights -of -way, easements, or on City -owned property shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to the Spokane Valley street standards; the Spokane Regional Stormwater Manual; the Inland Northwest Regional Pavement Cut Policy; the State of Washington adopted Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 8 of 11 Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA). 9.50.080 Maintaining Access. In the event it is necessary to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion. 9.50.090 Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing City rights -of -way, or on City -owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the State of Washington adopted MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way. Any person setting up or maintaining traffic control devices is required to have a valid traffic control flagger card from the state of Washington or as otherwise allowed pursuant to WAC 296-155-305(6). 9.50.100 Damage to Existing Infrastructure. All damage to existing public or private infrastructure and/or property during the progress of the construction work or activity shall be the responsibility of the permittee or in the case where no permit was issued, the responsible party. Methods and materials for such repair shall conform to adopted City standards. If the permittee or responsible party fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee or responsible party. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the permittee's bond filed with the City. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.110 City's Right to Restore Right -of -Way and Easements. A. If the permittee fails to restore any City right-of-way, easement, or City -owned property to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within three years from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right-of-way construction work. B. The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights provided under this section by commencing a court action or pursuant to chapter 17.100 SVMC. No additional permits shall be granted until the invoice for City -performed work has been paid. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.120 Insurance — Evidence. Prior to the commencement of work within the right-of-way, the applicant shall furnish the City satisfactory evidence in writing that the persons and/or entities performing the work have in force, during Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 9 of 11 the performance of the construction work or activity, commercial general liability insurance of not less than $2,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. The City may increase the amount of insurance coverage for larger jobs as necessary to protect the interest of the public. In addition, the policy shall name the City as an additional named insured. The City may reduce or remove the insurance limits if good cause exists, such as for residential landscaping completed by the owner or tenant. 9.50.130 Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under this chapter except as may be caused by the sole negligence or willful conduct on the part of the City. However, should a court of competent jurisdiction determine that indemnity provision is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the permittee and the City, its officers, officials, employees, and volunteers, the permittee's liability hereunder shall be only to the extent of the permittee's negligence. 9.50.140 Rules and Policy. To implement the provisions of this chapter and provide for the public health and safety, the City, under the supervision of the city manager or designee, may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk. 9.50.150 Violations — Penalties. A violation of this chapter constitutes a nuisance and is subject to all enforcement actions and penalties pursuant to Chapter 17.100 SVMC. This section in no way limits the authority of law enforcement to enforce parking prohibitions and/or traffic laws. Further, nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. 9.50.160 Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of chapter 9.50 SVMC shall rest with the permit applicant and their agents, or the responsible party of unpermitted work. Chapter 9.50 SVMC and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 4. Other sections unchanged. All other provisions of Title 9 SVMC and SVMC 7,05.040 no specifically referenced herein shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 3rd day of June 2025. Mayor, P in Haley Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 10 of 11 ATTEST: Marci Pattson, City Clerk Approved As To Form: Kelly Wnkright, CCity tt rpe Date Publicat' n• 2 J Effective Date: CK U Ordinance 25-008 Right -of -Way Permit Procedures and Enforcement Page 11 of 11