12.12.030 Permitting process.
A. Permit Required. No person, firm or corporation shall hereafter construct, reconstruct, build, establish or maintain any driveway apron over, across or upon any portion of the public sidewalk or public right-of-way without first having obtained a written permit to do so from the city. No such permit shall be issued for construction or establishment of any such driveway apron except in accordance with the provisions herein contained.
B. Unauthorized Encroachment. Unauthorized encroachments are subject to removal under WMC 12.16.050 through 12.16.070. Unauthorized encroachments include but are not limited to:
1. Driveway aprons hereafter constructed upon public rights-of-way without a permit; and
2. Any driveway apron that has not passed a final inspection within the time period specified on the permit and does not conform with the design specifications and construction specifications for permanent driveway aprons.
C. Application. An application for a driveway apron permit must be made in writing upon forms furnished by the city. The application shall contain the name, address and (authorized) signature of the person, firm or corporation making the application, the name and address of the property owner, the name of the contractor or person who is to construct the driveway apron and the proposed location and dimensions of such driveway apron.
D. Fees. Driveway apron permit fees in the amount of $25.00 shall be paid at the time of the application for the permit. Such fee obligates the city for:
1. Pre-inspection during which the inspector will specify construction requirements for the driveway apron; and
2. Final permit approval inspection.
In the event the driveway apron construction fails to meet the specified standards, an additional fee of $25.00 will be required for subsequent inspections.
E. Inspections. Pre-inspection and final inspections shall be scheduled during normal working hours, a minimum of 48 hours in advance. It is the responsibility of the applicant to notify the public works department that construction is complete and ready for final inspection. Work done without inspection may have to be removed or done again.
F. Expiration. All work on the construction of a permanent driveway apron shall be completed within 60 days of the date of the pre-inspection or the permit is void, with the following exceptions:
1. Permits for driveway aprons to be constructed as part of a local improvement district; or
2. With the public works director’s (or designee’s) approval, and during the winter.
G. Hold Harmless. An applicant for a driveway apron permit agrees to perform all work in accordance with this chapter, conditions specified on the permit, and any conditions made contingent for approval of a land use permit; and, shall indemnify, defend, and save harmless the city, its officers, agents and employees from all liability, judgment, costs, expenses and claims growing out of damages, or alleged damages, of any nature whatsoever, to any person or property arising out of performance or nonperformance of the work or the existence of the driveway apron.
H. Permit Revocation. The issuance of a driveway apron permit by the city waives none of the powers or rights of the city to direct the removal relocation, and/or proper maintenance of any driveway apron within the public right-of-way. Any permit granted will be construed as regulatory and not contractual. Such permits are revocable by the city whenever the use and presence of a driveway apron unduly interferes with the required use of that portion of the right-of-way or constitutes a hazard to traffic, however:
1. The city will not deny or revoke any driveway apron permit if to do so would deny a property owner access to their property;
2. The city must demonstrate significant cause for revoking a permit. Significant cause would include, but not be limited to, reclassification of the intersecting public thoroughfare, reconfiguration of local traffic patterns or increased drainage problems; and
3. If the city removes a previously approved driveway apron, the city will construct at its expense a comparable driveway apron at a conforming location selected by the property owner.
I. Reconstruction. The city reserves the right to upgrade to city standards at city expense the portion of any existing permit-approved driveway apron that is on or over the public right-of-way. The city may require a property owner to reconstruct and/or upgrade to city standards at the owner’s expense any existing driveway apron or portion thereof that is on or over the public right-of-way if the driveway apron was constructed without a required permit.
J. Abandonment. If a property owner wishes to relocate a driveway apron he or she does so at his or her own expense, and must go through the normal permitting process for the proposed new location. It is the responsibility of the property owner to remove the abandoned driveway apron, and restore the public right-of-way to current city specifications at his own expense, prior to final approval of the new driveway.
K. Local Improvement District Projects. It is the responsibility of the property owner to see that all necessary driveway apron permits are on file prior to the local improvement district project deadline. (Prior code § 14.15.030)