The indiscriminate and uncontrolled performance of work within the right-of-way of public streets, alleys, sidewalks, and other public ways by persons using unsafe material and/or improper methods is hazardous to the health, safety and welfare of persons using such streets, alleys, sidewalks, and other public ways and is costly to the city in subsequent repairs and/or maintenance. In order to be assured that all work performed by persons within such streets, alleys, sidewalks, and other public ways is in accordance with the minimum standards of the city, it is necessary that the city, in the exercise of its police power, establish regulations governing the same. (Ord. 991 § 1, 1998).

The following terms when used in this chapter shall be construed to mean as follows:
“Alley” means a duly dedicated public alley.
“Person” means the plural as well as the singular, and shall include any individual, firm, partnership, association, group, corporation, or other entity.
“Right-of-way” means all real property owned or held by the city in fee, or by way of easement, or dedicated to the public and located within the city, and used or intended for use as a street, alley, sidewalk, public way or easement for public or private utilities, whether developed or undeveloped.
“Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owned and constructed for use by the general public.
“Street” means a duly dedicated public street. (Ord. 991 § 2, 1998).

No public alley, sidewalk, street, public way or right-of-way within the city, whether the same is developed or undeveloped, shall hereafter be constructed, maintained or repair work be performed within the area of any such public alley, sidewalk, street, public way or right-of-way without a written permit therefor being first duly obtained from the office of the director of public works. The terms “constructed, maintained or repaired” shall, for purposes of this chapter, be deemed to include the excavation, removal, and/or placement of soils, concrete and/or asphalt and the construction of embankments necessary or desirable to facilitate the installation, repair, replacement, maintenance or removal of any driveways, curbs, drains, or other structures, service or improvements. Violation of this provision by any person shall be subject to the civil penalties set forth in Section 11.24.120. (Ord. 991 § 3, 1998).

Sections 11.24.030, 11.24.050, 11.24.060, 11.24.070 (except subsection (B)(4) thereof), 11.24.080, 11.24.090, 11.24.110 and 11.24.120 of this chapter shall not apply to any of the following:
A. Construction or maintenance projects undertaken by a utility or the city pursuant to a contract between the city and its contractor; or construction or maintenance projects undertaken by city departments;
B. Work allowed and approved by other permits issued by the city;
C. Those uses which the director of public works finds to be of a nature for which a permit is not justified;
D. Emergency repairs to existing facilities;
E. All services drops not requiring an underground street crossing or sidewalk repair; and/or
F. Utility maintenance or repair work not requiring extensive excavation. (Ord. 991 § 4, 1998).

Permits required pursuant to this chapter shall be issued by the public works department upon receipt of a written application therefor and upon the payment of the required permit fee in accordance with Section 11.24.070 of this chapter. The application shall be on a form provided by
the director of public works and shall require the following minimum information:
A. The name and address of the applicant, and if the applicant is a corporation or similar entity, the name and address of its agent;
B. A description of the intended work to be performed, the anticipated commencement and ending construction dates;
C. Plans for the proposed work or, in the event of minor work as determined by the director of public works, a sketch in a format satisfactory to the director of public works. The Development Guidelines and Public Works Standards included in the edition of the APWA Standard Specifications as adopted by the Kalama city council shall be used. (Ord. 991 § 5, 1998).

All work to be performed in accordance with this chapter shall conform to the minimum requirements of the Development Guidelines and Public Works Standards as adopted by the Kalama city council and in effect at the time the permit for such work is issued, or, if no permit is required, in effect at the time such work is performed. In addition, the city director of public works, in order to maintain the integrity of existing improvements and to provide for public health, safety and welfare, may impose such additional terms upon such permits, at the time such permits are issued, as shall be deemed necessary; provided, however, in the event other underground facilities are encountered during the course of work authorized by any permit, the city director of public works shall have the authority to modify the permit after its issuance as so to prevent interference with such other underground facilities. (Ord. 991 § 6, 1998).

A. Payment Required. Fees provided pursuant to this chapter shall be paid prior to the issuance of permits or included on a scheduled billing option approved by the city of Kalama clerk-treasurer.
B. Fee. Fees may be waived by the Kalama city council or by the city’s director of public works if the projects include significant improvements to city-owned infrastructure such as installation of city pipes in permittee’s open trenches. The fees shall be as established by resolution of the city council. Fees are to be waived for projects costing less than two hundred fifty dollars.
C. Inspections. Inspection fees shall be as established by resolution of the city council. Inspection fees may be waived for projects costing less than two hundred fifty dollars or if no inspection is required.
D. Special Provisions Relating to All Underground Installations. For installations beneath sidewalks, curbs, gutters, and/or street and alley pavement, the permittee may, at the discretion of the city engineer, be required to provide field density testing by a certified construction testing laboratory, at permittee’s sole cost and expense. (Ord. 1143 § 6, 2004: Ord. 991 § 7, 1998).

In the event that a permit holder should, in the performance of work under such permit, fail to comply with the terms thereof, or perform the work in accordance with such terms, the director of public works may order that all work pursuant to such permit be halted until in compliance with such permit. If within thirty days after such stoppage of work, the permit holder has not complied with such permit terms, the city director of public works may revoke the permit. In the event that it is necessary or the city to perform work to correct defective work or materials of any permit holder after revocation of such permit, the city shall have the right to recover from such permit holder the cost of such work performed by the city. (Ord. 991 § 8, 1998).

Any action of the city director of public works revoking or changing conditions of a permit issued pursuant to this chapter shall be appealable to the Kalama city council within ten days thereafter, which appeal shall be upon written notice to the mayor, and which appeal shall be considered within ten days after receipt thereof by the mayor. In the absence of the mayor, such appeal procedure shall be directed to the city clerk-treasurer. (Ord. 991 § 9, 1998).

In the event that any work performed pursuant to this chapter should be improperly performed, or should become defective within one year after the termination of the permit or the conclusion of the work, the person to whom the permit was issued shall be responsible for correcting such defective work or paying the cost of such correction. Defective work shall include, but not be limited to, settlement within the areas of excavation or embankment, or pavement failure. Upon notification of the existence of such defective work, the holder of such a permit shall take immediate steps to remedy such defective work. (Ord. 991 § 10, 1998).

The fees for permit in this chapter shall not be deemed to be fees for use of streets, alleys, sidewalks, or other public ways. The fees imposed pursuant to this chapter are for the sole purpose of defraying the costs connected with the administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter. (Ord. 991 § 11, 1998).

A. Subject to the exemptions as set forth in Section 11.24.040 of this chapter, any person as defined in Section 11.24.020 of this chapter which shall do any construction within a city right-of-way as defined in Section 11.24.030 without obtaining a permit and paying the required fees shall be assessed a civil penalty by the director of public works as follows:
1. As to the first violation, a fine of not less than two times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
2. As to the second violation within a one-year period, a fine of not less than four times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
3. As to the third or more violations within a one-year period, a fine of not less than ten times the applicable permit fee, plus any actual costs of repair to the city right-of-way.
B. All fines and assessments shall be paid to the clerk-treasurer and shall be added to the city of Kalama sidewalk repair fund.
C. Any person assessed a fine under this section may appeal the amount of the assessment to the city council at its regular meeting. (Ord. 991 § 12, 1998).

Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 911 § 4, 1995; Ord. 535 § 1, 1972).