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Ordinance 06-015 Amending SVMC 10.05 - Permit Requirements in Right-of-Way ,I C1T'Y OIE:' SPOKANE VALLEY SPOKANE COUNTY, R'ASITTNGTON OR]):fNA_NCF~,1V0.06-015 AN O1tD1NAr~`CE OF THE CITY OF SPOK~7E VALLEY, SPOKANE COU1''i"Y, WASIII:NGTON AMENDING SECTIONS 1.0.05.080, 10.05.170, 10.05.180 AN'D 10.05.210. OF TTT~; SPOKANE VALLEY IVilTN1C1I'AL CODE SECTIONS 10.05, RELATING TO PERr~'L[T REQUIREMENTS FOR CONSTRUCTION WORK AND ACTIVITY R'ITI~TN RIGHT-OF-~'VAY. WHEREAS, the City of Spokane Valley adopted Spokane Valley Municipal Code 10.05 regulating construction and work within the right-of way; and ~'VHEREAS, in complying with the requirements of its enacted laws and regulations, the City finds from time to time that amending its laws is necessary to betier protect the health, safety, welfare of the general public and the environment. NQW, TWEREFORE, the City Couneil of the City of Spokane Valley, Washington, ordains as follo+vs: Section 1. Spokane Valley Municipal Code Sections 10.05.080, 10.05.170 and 10.05.180 and 10.05.210 are hereby amended to read as follows: 10.05.080 Obstruction permit required. An obstruction permit is required of any person who performs constnrction work or otherwise engages in activity within existing or proposed City rights-of--way, streets, cascmenes, or on City owned infrastructure. Work done b_y or for the City within its rights-of way will not require an obstnrction permit, but will be held to the same standards of performance. In the case of an emergency, a private or public utility may commence work prior to obt<rining a permit, provided the person obtains a construction permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period. Obstruction Permits issued behveen April 1 and September 30 are valid for 30 days after the date of issuance, with aone-time 30 day e.~tension available. Obstruction Permits issued between October 1 and March 31 shall be valid until April 30. The director is authorized to grant longer permit duration time limits for larger projects. 10.05.170 Bond. For the purpose of providing for the completion of the +;pork or otherwise restoring the right-of- +vay to City standards, the applicant shall post a performance bond with the director . The bond shall be: (1) issued by a surety licensed to do business in the state of~~'ashinlnon and (2) in an amount equal to 1.00 percent of the estimated cost of the work (or other reasonable measure of value) solely determined by the director. [f the improvements have not been timely or satisfactorily completed, the director shall give notice of the same to perrnittee. The notice shall state: (1) the work to be done; (2) the time to complete the work which shall not exceed 30 days; and Ordinance Ob-015 Permit Requirements Within Right-of-+vay Page I of 2 (3) that if the work is not commenced and completed within the time allotted, the City will cause the work to be completed and use the bond procccds to pay for the same. All costs in excess of the bond procccds may be recovered through appropriate legal action by the city attorney. A bond may be waive- tl where proof of self insurance is provided. The director is authorized to reduce the amount of the bond where good cause exists. The performance bond required by the State of Washington Contractor's License granted by the `Vashington State Department of Labor and Industries shall suffice for pavement patch work for projects up to and including 300 square feet. 1-O.OS.I-80 nsu ranee -Evidence. The permittee, prior to the commencement of construction hereunder, shall furnish the director satisfactory evidence in writing that the permittee has in force during the performance of the construction work or activity, automobile liability insurance covering all vehicles used in relation to the permit with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,OOO,ODU general aggregate duly issued by an insurance company authorized to do business in this state. Tn addition, any such policies shall name the City as an additional named insured. The director may reduce the insurance limits if good cause exists. 10.05.210 ~Tiolatiun -Penalties. In the event of a violation of SV~1C 10.05.070 - 10.05.210, the director shall utilize the enforcement provisions contained in SVMC 10.30.150, et sey., as adopted or hereafl:cr amendECl, . Section 2. Sever:rbilih~. if a.ny section; subsection; sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the. validity of the remaining provisions of this chapter. Section 3. Effective date. 'I`bis Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed by the City Council this 27th day of June, 2006. A'L"E~f~ Mayor, laiana Wilhite i ` ~ ity‚ÄĘClerk, Christine ainbridge Approved As To Form: ~ Office t e City A ey Date of Publication: -7 - Effeetive Dace: ~ 2 ~ Ordinance 06-015 Pem~it Requirements ~,Vithin Righi-of--way Page 2 of 2 -