A. “Citation and notice” means a written document initiating a criminal proceeding after an arrest and issued by an authorized peace officer, in accordance with the Justice Court Criminal Rules.

B. “City inspector” means the designated employee(s) of the department responsible for inspecting the installation of warning and safety devices in the public right-of-way and restoration of public rights-of-way disturbed by work.

C. “City” means the city of Bellevue, Washington.

D. “Complaint” means a written document certified by the prosecuting attorney initiating a criminal proceeding in accordance with the Justice Court Criminal Rules.

E. “Department” means the transportation department or other department designated by the city manager.

F. “Directive memorandum” means a letter from the city to a right‑of‑way use permittee notifying the recipient of specific nonconforming or unsafe conditions and specifying the date by which corrective action must be taken.

G. “Director” means the director of the transportation department, or his/her designated representative, or other person designated by the city manager.

H. “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, but not limited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars.

I. “Franchised utilities” means utilities that have city approval to use city rights-of-way for the purpose of providing their services within the city, whether by written franchise granted by the city or otherwise.

J. “Nonprofit” means not for a monetary gain unless for charitable purposes.

K. “Notice of violation” means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition.

L. “Oral directive” means a directive given orally by city personnel to correct or discontinue a specific condition.

M. “Permit” means a document issued by the city granting permission to engage in an activity not allowed without a permit.

N. “Permit center” means the central location for applying for permits.

O. “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

P. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians.

Q. “Procedure” means a procedure adopted by the director to implement this code, or to carry out other responsibilities as may be required by this code or by other codes, ordinances, or resolutions of the city or other agencies.

R. “Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, sub‑surface rights and easements related thereto.

S. “Stop work notice” means a notice posted at the site of activity that requires all work to be stopped until the city approves continuation of work.

T. “Telecommunications carrier” means every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering and providing telecommunications services.

U. “Telecommunications facilities” means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, electronics, poles, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

V. “Telecommunications provider” means every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.

W. “Telecommunications service(s)” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

X. “Traffic engineering services division” means the traffic engineering services division of the transportation department or other city division designated by the city manager.

Y. “Underground location service” means the underground utilities location center that will locate all underground utilities prior to an excavation.

Z. “Unsafe condition” means any condition which the director determines is a hazard to health, or endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. (Ord. 5009 § 1, 1997; Ord. 3533 § 1, 1985.)