16.60.030 - Permits for use of waterways.
A. Authorization. The Director of Transportation may authorize the use and occupancy of all of or any portion of a waterway, including land and water parts, by a written use and occupation permit as provided in this section, and may issue an interim permit pending the final determination regarding the permit application. Such a permit may authorize use of either a specific area of waterway or use of a particular waterway by specified vessels or obstructions, and shall be processed in the same manner as permits pursuant to SMC Title 15, Subtitle I unless otherwise specified in this chapter. The issuance or denial of any such permit shall be appealable to the Street Use Appeals Board.
B. Application. Any person seeking the use and occupation of a waterway or a portion thereof for a period in excess of twenty-one (21) consecutive days, a longer period than that allowed by regulations or posted notice of the Chief of Police for a particular waterway, or an occupancy for a vessel or obstruction in excess of seven (7) consecutive days within sixty (60) days of a prior occupancy, shall apply in writing to the Director of Transportation therefor. The application shall be accompanied by a deposit to cover the cost of publishing notice when required by subsection D of this section. If the application be for a specific vessel or obstruction, the application shall state the owner and master's name, address and telephone number, the type and size of vessels or obstruction, the waterway(s) in which anchorage or moorage is requested, the reason for the application, and the length of time for which the permit is desired.
C. Processing. The Director of Transportation shall investigate the application; give notice to the owner, managing agent or principal lessee of property, which may have water access affected by the use sought by the application; and make recommendation to the Director of Administrative Services. In the event that the application shall request a use for a period in excess of 365 days, the application shall be referred to the Seattle Department of Construction and Inspections, which shall make its recommendations thereon.
D. Notice. In the event that the application shall seek a usage in excess of three hundred sixty-five (365) days the Director of Transportation shall mail notice of the application and the date, time and place at which such official will consider such application, at least ten (10) days prior thereto to the State of Washington, Commissioner of Public Lands, and the Port of Seattle, publish such notice in a newspaper of general circulation in the county and post a copy of the same in prominent places in the immediate vicinity of the waterway. The cost of such publication shall be borne by the applicant.
E. Issuance. The Director of Transportation may issue a permit for the use and occupancy of a waterway with appropriate terms and conditions upon finding that the use and occupation sought is compatible with use of the waterway as public ways for vessels and the convenience of commerce, is consistent with the City's land use planning in the immediate vicinity, and does not deprive adjacent properties of reasonable water access. The Director of Transportation may waive compliance with the terms and conditions of this section with permit applications by the United States of America and its agencies, by the state and by municipal corporations, and in the case of an application for moorage of a vessel listed upon the national historic register maintained by the United States, with the bond requirements in subsection G of this section.
Among other terms and conditions, the Director of Transportation may, but need not require that the vessel connect its plumbing system to the nearest available City sanitary sewers; that the vessel permit the anchorage or fastening of vessels alongside and access thereto; or that the vessel be removed as soon as privately owned or privately controlled moorage space becomes available. The applicant shall comply with the terms and conditions of the permit, shall pay the fees prescribed in advance of each month, and shall cease the use and occupancy of the waterway on expiration of the permit, unless an additional permit be issued.
F. Insurance. An applicant for a permit shall, prior to issuance of the permit, provide and maintain in full force and effect while the permit is in force, public liability insurance in an amount specified by the Director of Transportation sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to the applicant's use of the waterway, naming the City as an additional insured.
G. Bond. An applicant for a permit shall provide prior to issuance of the permit and thereafter maintain during the period of the permit, a bond or cash deposit in an amount specified by the Director of Transportation sufficient to cover the potential cost of removal of vessel(s), or obstruction(s) to be located therein in the event of sinking, and in the event of adjacent publicly owned structures, the cost of repair thereof in event of collision; and in the event of fixed structures, the estimated cost of removal upon expiration of the permit.
H. Indemnity. The applicant shall execute and deliver to the City upon a form supplied by the Director of Transportation an agreement in writing and acknowledged by the applicant to hold and save harmless the City from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the use and occupation of the waterway by the permit holder.
(Ord. 124919, § 64, 2015; Ord. 120023 § 94, 2000; Ord. 118409 § 133, 1996; Ord. 118397 § 104, 1996; Ord. 118369 § 20, 1996; Ord. 115994 § 58, 1991; Ord. 115958 § 18, 1991; Ord. 109250 § 1, 1980; Ord. 101820 § 1, 1973; Ord. 100171 § 12, 1971; Ord. 87983, § 68, 1959.)
