Traffic – See FMC Title 16. House numbering – See Chapter 12.26 FMC Arterial street fund and sidewalk construction funds, See Chapter 3.20 FMC.
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Reimbursement of street fund for costs of street and sidewalks repair – See Chapter 3.08 FMC. Except as may be modified by ordinance, all street, sidewalk and curb construction shall comply with the standard specifications for Municipal Public Works Construction, 1969 edition, published by the Washington State Chapter, American Public Works Association, and all subsequent amendments thereto or changes therein.
It shall hereafter be unlawful for any person to drive or propel any motor vehicle along, over or across any sidewalk, curb or parking strip within the city of Fircrest; or to tear up, break or remove any sidewalk, gutter or curb, or part thereof, except for the purpose of repairing or replacing the same; or to place, maintain or permit any obstruction on, under, over or across any sidewalk which restricts or impairs the full and free use thereof by the public; or to create, cause, maintain or permit any condition to exist which renders any sidewalk, curb, parking strip or driveway across any sidewalk unfit or unsafe for use by the general public.
(Ord. 247 § 1, 1954)
It shall be the duty of the owner or occupant of abutting property to keep the sidewalk, curb, gutter, parking strip and any driveway across the same in good repair at his own expense, and to remove or correct any condition which renders any such sidewalk, curb, gutter, parking strip or driveway unsafe or unfit for use.
(Ord. 247 § 2, 1954)
The owner or occupant of abutting property who fails to keep the sidewalk, curb, gutter, parking strip and any driveway across the same in good repair or free from obstructions of any kind, or who fails to remove or correct any condition which renders such sidewalk, curb, gutter, parking strip or driveway unsafe or unfit for use, shall be liable for any negligence that might be incurred from the owner's or occupant's failure to maintain the property as required by this chapter.
(Ord. 972 § 1, 1990)
It shall be unlawful for any person to place or maintain any tree, shrub, sign, structure or opaque object of any kind on an inner or outer parking strip which obstructs the vision of traffic on the streets of the city. No person shall in any event place or maintain any tree, shrub, sign or structure of any kind on any parking strip without first securing permission to do so from the utilities superintendent.
(Ord. 247 § 4, 1954)
It shall be unlawful for any person to tear up, break, remove, repair, construct or reconstruct any sidewalk, curbing, gutter, or driveway across any sidewalk or curb, without first securing a permit to do so from the utilities superintendent. Whenever any person shall tear, break or remove a sidewalk, curb or driveway across any sidewalk or curb, or any portion thereof, either in connection with construction work on the abutting property or in the course of repairing, constructing or reconstructing such sidewalk, curb or driveway, he shall restore the same to a completed condition without undue delay, and shall make, provide or install such temporary repairs, markings, barricades, warning signs and the like as may be necessary to warn the public of the dangerous or hazardous conditions there existing.
(Ord. 247 § 5, 1954)
(a) 
Right-of-Way Permit Fees for Construction of Roadway Features. The following fees shall apply to all permits necessary for construction of roadway features within the public rights-of-way:
Permit intake fee:
$72.50
Flat rate
Plan check fees (if required):
$167.25
Flat rate first 1.5 hours
$111.50
Per hour thereafter
Inspection fees:
$55.00
Flat rate
Re-inspections:
$55.00
Per repeat inspection
A payment of $127.50 shall be made at the time of submittal of the application for a permit. Any additional plan check fees will be calculated during review, and payment shall be made at the time of issuance of the permit. Any fees necessary for re-inspections will be billed to the permit holder, and final approval will not be provided until all fees have been paid.
(b) 
Right-of-Way Permit Fees for Construction of Utilities. The following fees shall apply to all permits necessary for construction of utilities within the public rights-of-way:
Permit intake fee:
$72.50
Flat rate
Plan check fees:
$167.25
Flat rate first 150 feet
$0.46
Per linear foot thereafter
Inspection fees:
$178.50
Flat rate first 150 feet
$0.88
Per linear foot thereafter
Re-inspections:
$55.00
Per repeat inspection
A payment of $418.25 shall be made at the time of submittal of the application for a permit. Any additional plan check fees and inspection fees will be calculated during review, and payment shall be made at the time of issuance of the permit. Any fees necessary for re-inspections will be billed to the permit holder, and final approval will not be provided until all fees have been paid.
(Ord. 1522 § 1, 2012)
It shall be unlawful for any person, firm or corporation to break the crown of the asphaltic pavement of any street or alley in the city of Fircrest for construction purposes or for any other purposes, or to block any driveway in any street or alley in the city of Fircrest without said person, firm or corporation having first obtained a permit to do so from the city of Fircrest.
(Ord. 247 § 5(a – c), 1954; Ord. 487, 1964; Ord. 1522 § 2, 2012)
Whenever any person breaks, tears up or removes any sidewalk, curb, gutter or driveway across any sidewalk or curb, or portion thereof, in connection with construction on the abutting property, he shall upon demand of the city give a performance bond to the city in its favor to insure the prompt replacement or repair of such sidewalk, curb, gutter or driveway, in accordance with city specifications and pursuant to applicable ordinances.
(Ord. 247 § 7, 1954)
Whenever any sidewalk, gutter, curb or driveway across any sidewalk or curb has become unsafe or unfit for public use, or whenever it appears to the city necessary or advisable that a new sidewalk, gutter, curb or driveway be constructed, or any old sidewalk, gutter, curb or driveway be repaired, replaced or reconstructed, or that any obstruction on, over, under or across the same be removed, the city council may require the owner of the abutting property to perform the necessary work at his own cost and expense, in whole or in part, and in the event such owner fails to do so the city may proceed to perform such work and to assess all or any portion of the cost thereof against such owner. Notice shall be given to such owner and procedure shall be followed as specified and provided by Chapter 177 of the Laws of 1949 of the state as the same now exist or may hereafter be amended. Nothing contained in this paragraph shall be construed to prohibit or limit the right of citizens or of the city to initiate sidewalk improvements pursuant to the local improvement district laws of the state.
(Ord. 247 § 8, 1954)
Whenever any sidewalk, curb, gutter or driveway across any sidewalk, or curb is to be repaired, replaced, constructed or reconstructed by any private individual, such work shall be subject to inspection and approval by the city, and shall be performed in accordance with the following conditions and specifications:
(a) 
All forms for such sidewalks, curbs or driveways shall be inspected by an authorized employee of the city prior to the pouring of any cement.
(b) 
Sidewalks shall be at least five feet wide and four inches thick, except they shall be at least six inches thick where forming a part of any driveway. All sidewalks shall have a slope of one-quarter inch per foot from the inner line of said sidewalk to the curb, and shall be so joined with existing sidewalks as to provide an even and smooth joint.
(c) 
Curbs shall not be less than 12 inches deep, or such greater depth as the city may require, and shall be at least six inches wide at the top and the combined curb and gutter shall be not less than 18 inches wide at the base. At least six inches of the curb shall be below the grade of the street.
(d) 
Whenever a curb and sidewalk shall be combined and immediately join each other, such sidewalk and curb shall be poured together. Cold joints shall be prohibited.
(e) 
Driveways shall be not less than 10 feet nor more than 20 feet wide, nor less than six inches thick across the curb, parking strip or sidewalk. Driveways will extend from curb to property line, will slope upward to a minimum of the height of the curb five feet in from curb and will have an apron arc of five feet radius. Surface shall be concrete with a two-inch lip at the curb.
(f) 
All sidewalks, curbs and that portion of all driveways from the street to the inner line of the sidewalk shall be constructed of No. 1, or five sack mix. All finished work will be inspected by the city superintendent of streets. All finished concrete work on the street right-of-way shall be protected while curing. Driveways shall not be placed nearer than two feet to any power vault and will not cover a water shutoff.
(g) 
No change in grade in any sidewalk, curb or parking strip, nor any dips or raises in the sidewalk shall be permitted.
(h) 
No driveway shall be constructed or maintained closer than 15 feet to any street intersection, measuring from the curb line. Gutters shall be left unobstructed for the free passage of drain water, and no apron or ramp shall be permitted which extends beyond the curb line and into the street unless special permission therefor has been first obtained from the city council.
(i) 
Exceptions to any of the provisions of this section may be made by the city council upon written application for a variance and for good cause shown.
(Ord. 247 § 6, 1954; Ord. 400, 1961; Ord. 572, 1967)
The surface of roadway shall be true to line, grade, and section indicated on the plans, and thoroughly compacted, before bank-run gravel is placed. Bank-run gravel shall not be placed until:
(a) 
The city superintendent of streets has inspected and approved the material and the grade upon which it is to be placed;
(b) 
The sidewalk areas, the earth curbs, side streets and driveway approaches, where indicated, have been shaped, dressed and ballast subgrade entirely completed;
(c) 
Under-the-street utilities are installed. Bank-run gravel will have a minimum compressed depth of six inches and will extend under the curbline.
(Ord. 572 § 4, 1967)
Whenever the city performs any work pursuant to the provisions of this chapter, and all or any part of the cost thereof is thereafter assessed against the owner of abutting property, a flat charge of $5.00 for each improvement shall be added to the actual cost thereof on the assessment roll, which charge shall thereafter be credited equally to the current expense and street funds of the city, to cover costs of processing such improvement, clerical and administrative work, postage, and other similar items of overhead expense.
(Ord. 247 § 9, 1954)
Violation of any of the provisions of this chapter shall constitute a misdemeanor for each offense.
(Ord. 247 § 11, 1954; Ord. 834 § 36, 1986; Ord. 987 § 36, 1991)
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Cities authorized to control vegetation – See RCW 35.21.310.
The purpose of this chapter is to establish standards and guidelines in order to preserve, maintain, protect, and improve the tree plantings in and along city rights-of-way, in planting strips, in public places and parks within the city, and enhance the beauty, livability, and value of the surrounding environment.
(Ord. 244 § 1, 1954; Ord. 1637 § 1, 2019)
(a) 
"City"
as used herein means the city of Fircrest acting by and through its authorized representatives.
(b) 
"Hazardous tree"
means any street tree, or tree located in a park or on other public property, or part thereof, that the city determines is subject to a high probability of failure, due to structural defect or disease, and which poses a potential threat to persons or property in the event of failure. "Hazardous tree" also means any tree which interferes with electrical, telephone or other utility lines. Hazardous trees are not in danger of imminent failure.
(c) 
"Hedge"
as used herein includes any plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier.
(d) 
"Imminent hazard" or "imminent hazardous tree"
means a tree or any significant part thereof which has fallen, become partially uprooted, become split or severely broken apart, or is clearly about to fall in the very near future, due to a storm or other calamity, or disease or insect infestation.
(e) 
"Minor pruning"
means pruning or cutting of water sprouts, suckers, twigs, or branches less than three inches in diameter and which constitute less than 15 percent of the tree's foliage-bearing area. The work shall retain the natural form of the tree. Removal of dead wood, broken branches and stubs is included within the definition of minor pruning. Minor pruning may be performed by the property owner without obtaining a street tree permit from the city.
(f) 
"Nonconforming tree"
means any street tree, or tree located in a park or on other public property, or part thereof, that is not of a type or species included in the approved street tree palette, in accordance with Chapter 22.65 FMC.
(g) 
"Parks"
includes all parks to which names have been given by action of the city council.
(h) 
"Person"
as used herein means individuals, firms, associations and corporations, and agents, employees or representatives thereof.
(i) 
"Plant"
as used herein includes all other plant material, nonwoody, annual or perennial in nature, not necessarily hardy.
(j) 
"Planting strip"
as used herein shall mean that area of city right-of-way lying between the sidewalk and the installed curb or edge of the city street or alley.
(k) 
"Public places"
includes all grounds, other than streets or parks, owned by or leased to and under the control of the city of Fircrest.
(l) 
"Right-of-way"
includes streets, alleys, planting strips, sidewalks and platted but unconstructed streets and alleys within the city.
(m) 
"Shrub"
as used herein includes any woody perennial plant, normally low, several-stemmed, adaptable to shaping, trimming and pruning without injury, within the area planted.
(n) 
"Street"
includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys and walks.
(o) 
"Street tree"
as used herein includes any tree, shrub, bush, or other woody vegetation planted in a planting strip or in a city street or alley right-of-way.
(p) 
"Substantial pruning"
means the pruning or cutting out of branches three inches in diameter or greater, root pruning, or cutting out of branches and limbs constituting greater than 15 percent of the tree's foliage-bearing area. The work shall retain the natural form of the tree.
(q) 
"Topping"
means the severe cutting back of limbs leaving stubs beyond the branch collar within the tree's crown or to such a degree as to remove a substantial portion of the normal canopy and disfigure the tree.
(Ord. 1637 § 2, 2019)
This chapter applies to all planting or removing of any tree, bush, or shrub on any public parking strip, right-of-way or other public place. The city shall have the power and authority to remove, plant, care for, restrict and maintain any such plantings in the right-of-way.
(Ord. 244 § 2, 1954; Ord. 1637 § 3, 2019)
The city public works department or designee shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public places, parks and streets of Fircrest and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof.
(Ord. 1637 § 4, 2019)
(a) 
The city may plant, prune, maintain and remove any street tree or tree located in a city park, as may be necessary to ensure public safety or to preserve or enhance the appearance of public places. Existing trees shall be retained unless they are deemed to be seriously unhealthy or to cause hazards to public safety in the judgment of the city.
(b) 
The city endorses and encourages the planting of appropriate trees within planting strips by abutting property owners. In order to ensure that street trees are appropriate for the particular space, are properly maintained, and, when necessary, are replaced, trees must be in the approved street tree palette, in accordance with Chapter 22.65 FMC. A private property owner may be granted permission to remove a nonconforming tree or trees by the city; provided, that said owner pays for the removal of the nonconforming tree or trees and for the purchase and planting in the same or nearby location of appropriate trees which are listed on the city street tree palette. Hazardous trees removed by utility companies do not require replacement.
(c) 
It is unlawful for any person other than an authorized city employee, or designee, to destroy, plant, move, remove or replace any tree, shrub, hedge or plant in any public place, park or along any street designated as an arterial or collector, or to cause the same to be done, unless and until a written permit to do so has first been obtained. This requirement shall extend to the street trees planted along San Juan Avenue.
(d) 
Spacing of street trees, on average, shall be 30 feet on center. Generally, trees should be planted at least 10 feet from utility or light poles or fire hydrants, 20 feet from street corners, and 10 feet from driveways.
(e) 
Street trees shall be deciduous and should have a caliper of at least one and three-quarters inches at the time of planting.
(f) 
Street trees shall be high-branching with a canopy that starts at least six feet above finished grade, and have roots which will not break up sidewalks or roadbeds or invade utility lines. For areas without overhead power lines, tree types shall be planted which will achieve a minimum height of 30 feet at maturity.
(g) 
Street tree types shall be selected in accordance with the approved street tree palette contained in Chapter 22.65 FMC. Tree types and locations shall take into consideration lighting requirements for streets, parking, and pedestrian circulation areas, and signage requirements. The tree type shall not bear fruit or release sticky substances.
(h) 
Root deflectors or other planting specifications may be required if recommended by a professional landscape architect or arborist.
(Ord. 244 § 3, 1954; Ord. 1637 § 5, 2019)
It shall hereafter be unlawful for any person to damage, destroy or mutilate any tree, shrub or plant growing on any public parking strip, right-of-way or other public place, or to attach thereto any sign, poster, handbill or other thing, or to attach or place any rope or wire thereto, or to cause or permit any wire charged with electricity to come in contact therewith, or in any other way to mutilate or cause the mutilation of any such tree, shrub or plant; provided, that nothing herein contained shall prevent the owner or occupant of any abutting property from trimming or pruning trees, shrubs or plants in a parking strip, or placing proper support on or around a young or broken tree.
(Ord. 244 § 4, 1954)
(a) 
The city may inspect any tree upon or which overhangs any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the city official endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within 14 days after receipt of written notice thereof from the public works director, or designee, the city shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.
(b) 
The city may inspect any tree which appears to be, or has been reported to be, dead or suffering from an infectious disease or insect infestation condition, whether said tree is in a public place or on private property. The city shall have the right to cause the removal of any dead, diseased or infected tree located within the city, whether located in a public place or on private property, when the city determines that such tree constitutes a hazard to life or property, or harbors insects or disease which constitutes a potential threat to other trees within the city. This subsection shall apply to any tree upon private property, whether or not the tree interferes with or endangers the use of a public right-of-way.
(Ord. 244 § 5, 1954; Ord. 1637 § 6, 2019)
If any tree which appears to be, or has been reported to be, dead or suffering from an infectious disease or insect infestation condition is located on private property, the owner(s) shall be notified of such tree in writing of the city's determination that such tree must be removed. Removal of such tree shall be done by said owners at their own expense within 14 days after the date of mailing of the notice. In the event that the owner(s) fails to remove such trees within 14 days, and fails to file a written notice of appeal pursuant to FMC § 14.08.070, the city shall have the authority to remove such tree, and the costs of removal shall be assessed against the owner(s) and a lien filed against the property.
(Ord. 244 § 6, 1954; Ord. 1637 § 7, 2019)
Any person aggrieved by any act or determination of a city official in the exercise of the authority herein granted shall have the right of appeal to the hearing examiner whose decision, after a public hearing, on the matter shall be final and conclusive. Notice of appeal must be filed in writing with the city manager within 14 days from the act or determination complained of. The public hearing before the hearing examiner shall be set no later than 30 calendar days following the receipt by the city administrator of the written notice of appeal. The city manager shall notify the appellant in writing of the date, time and location of the public hearing at least 10 calendar days prior to the hearing.
(Ord. 244 § 8, 1954; Ord. 1637 § 8, 2019)
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor for each offense.
(Ord. 244 § 11, 1954; Ord. 834 § 37, 1986; Ord. 987 § 37, 1991; Ord. 1637 § 12, 2019)