Repealed by Ord. 11-0330.
(Ord. 98-0024 §§ 1, 2 (KCC 14.30.010); Ord. 02-0141 § 1; Ord. 03-0180 §§ 1, 2)
A. 
Public use permits shall be required for any use of City-owned real property, except uses regulated pursuant to Chapter 12.55 KMC, Chapter 12.35 KMC relating to right-of-way use permits, or special event permits approved and permitted in accordance with Chapter 8.40 KMC. Examples of public uses include, but are not limited to, storage of materials not associated with a special event, utility services, temporary construction or repair/maintenance activities associated with adjacent properties, or temporary access.
B. 
Upon receipt of an application for a public use permit, the city manager shall determine whether the proposed use is upon City-owned real property.
C. 
The department shall evaluate the feasibility of the proposed use, its impact on other uses of the City property and its impact on public health and safety. Based on this evaluation, the department shall recommend whether the permit should be issued.
D. 
In all cases, the City shall be responsible for assuring that any application meets the requirements of the critical areas code set out in Chapter 18.55 KMC and the administrative rules promulgated thereunder before the permit is issued.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
A. 
Upon filing of a complete application, approval of the application, payment of the administrative fee and posting of any required bond, the city manager may issue a permit authorizing the designated use of City real property by the permittee.
B. 
The permit may require site restoration to certain standards in view of the nature and duration of the public use. In addition, conditions may be set to assure compliance with City policies, ordinances and other applicable laws and regulations.
C. 
The permit applicant may be required to post a performance bond in an amount which will:
1. 
Guarantee the use will comply with standards and conditions prescribed by the City; and
2. 
Guarantee restoration of the City property to a condition consistent with the public use permit and the City's own use of its property.
D. 
Public use permits are temporary in nature and shall expire six months from date of issuance.
E. 
The applicant may apply for an extension to the public use permit. Permit extensions shall be submitted within 21 calendar days of permit expiration. Upon written application for an extension, payment of any fees, and being found to comply with the conditions and requirements of the original permit, the permit may be extended. Permits shall be limited to one six-month extension only. Additional permit extensions are permitted for special circumstances pursuant to KMC § 12.35.040(F)(3).
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
The permit applicant shall be solely responsible for the adequate operation and maintenance of any work constructed by the permittee and shall assume liability for all injuries to persons or property resulting from activities pursuant to the public use permit.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
A. 
Survey. When considered necessary by the city manager to adequately determine the limits of the City property, improvements on City property, and/or area of use, the permit applicant shall cause the City property to be surveyed by a Washington State licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act. The cost of such survey shall be paid by the permit applicant.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
Permits issued pursuant to this chapter shall not be construed to convey any vested right of ownership interest in any City property.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
The city manager is authorized to enforce the provisions of this chapter, pursuant to Chapter 1.20 KMC.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))
A. 
The permittee shall pay the fees at the rates imposed by the city council by resolution.
B. 
The fees shall be collected in accordance with administrative procedures developed by the department.
(Ord. 23-0578 § 2 (Exh. 1); Ord. 25-0627 § 1 (Att. A))