10.04.260 Traffic control plan – Cost reimbursement.
A. As used in this section, a responsible person means a property owner, contractor, developer, event sponsor, or other person engaging in activity that is likely to impact public rights-of-way or likely to cause pedestrian, bicycle, or motor vehicle safety problems.
B. If, in the judgment of the City, construction activities, events, or other activities are likely to generate significant impacts on traffic, public safety, or public rights-of-way the City may require that responsible persons submit a traffic control plan (TCP), or City staff may generate its own TCP. If applicable, a TCP may be combined with an encroachment or excavation permit, as authorized by Section 13.08.090, special event permits under Title 4, or with other permits issued by the City.
C. TCP requirements may include, but are not limited to: flaggers; signage; parking restrictions; barricades; striping; altered speed limits; one-way streets; traffic signals; lighting; limitations upon access or turning movements; limitations on the timing of activities; or such other measures or requirements as may reasonably address the impacts of any activity within or adjacent to public rights-of-way.
D. The City Engineer may review, modify, or approve a TCP as dictated by the circumstances. An approved TCP shall be in writing and issued to the responsible person. Once approved, responsible persons performing activities within or adjacent to public rights-of-way shall comply with all requirements of the TCP.
E. Responsible persons performing activities within or adjacent to public rights-of-way shall procure and continuously maintain those traffic control measures mandated by the TCP. If a responsible person subject to a TCP should fail or refuse to comply with its terms the City, in addition to all other remedies provided in this chapter, may:
1. Elect to implement traffic control measures and the responsible person(s) shall be liable to reimburse the City for all such implementation costs; and/or
2. If applicable, issue notice and revoke other permits (e.g., building permits, special event permits, or the like) associated with the activity.
Prior to invoking such remedies the City shall deliver written notice to the responsible person(s) identifying the violation(s) and allowing that party a reasonable period of time of not less than five days in which to cure or abate the problem. No written notice or cure period is required in the case of conditions that present an immediate risk to public health or safety.
F. In addition to or in lieu of other remedies under this chapter, the City may maintain a civil action against all responsible persons to recover all of its actual costs associated with implementing or assuring compliance with a TCP. In any civil action the City shall be entitled to recover its reasonable attorney fees and court costs in addition to monetary or other relief. (Ord. 19-22, 2019)