HomeMy WebLinkAbout2025-009 Ordinance amending Yakima Municipal Code Chapters 8.01, 8.20 and 8.72 relating to work in the right of way ORDINANCE NO. 2025-009
AN ORDINANCE amending the City of Yakima Municipal Code Chapters 8.01, 8.20, and
8.72 relating to working in and use of the right-of-way.
WHEREAS, the Yakima Municipal Code establishes requirements for the use of the right-
of-way and for working within the public right-of-way; and
WHEREAS, the code is hereby amended to assign the City Engineer or their designee as
the responsible party to review and issue right-of-way use permits; and
WHEREAS, permits for small wireless facilities are processed by the Planning Division in
contrast to other right-of-way use permits found in YMC 8.20 and follow a distinct review process,
therefore warranting its own chapter (YMC 8.21); and
WHEREAS, the penalties for violating YMC Title 8 in relation to working in or using the
right-of-way is hereby consolidated under YMC 8.01.010 unless otherwise specified; and
WHEREAS, an application fee for appealing the revocation of a right-of-way use permit
has not previously been established and is now hereby authorized to be established in the amount
of five hundred dollars ($500) upon passage of a Resolution to amend the Master Fee Schedule;
and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to amend the municipal code relating to working in and use of the right-of-
way; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 8.01.010. Violations — Penalties, of the Yakima Municipal Code,
shall be amended to read as follows:
8.01.010 Violations — Penalties.
A. General—Authority of City. Whenever the city finds probable cause to believe violation of
any of the provisions of Title 8 exists, the city shall notify the person responsible for the alleged
violation in writing and shall order the necessary corrections to be made. If such violation is not
corrected within the period of time established by the city, the city may invoke the remedies set
forth in this section and/or any other remedy available under state law or city code. The
provisions in this section are not exclusive remedies. The city reserves the right to take any, all,
or any combination of these actions against any person violating the provisions of this title,
together with any other action available under state law or city code.
B. Procedure—Notification of Violation—Effect of Violation—Appeals. The city shall notify any
person found to be in violation with this title of the scope of violation, the provisions violated, the
date of violation (if known), and the required correction.
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(1) Said notice of violation and correction shall be in writing and may be hand-delivered, faxed
or emailed to the person or persons responsible for the violation. The notice shall advise such
person(s): (a) that failure to correct the violation within the time specified will subject the
violator(s) to imposition of a civil penalty fee up to five hundred dollars per violation for each day
the violation remains uncorrected; (b) that all violations shall be corrected and all assessed
penalties paid prior to issuance of another permit of the same kind to such persons(s); (c) that
the city reserves the right to invoke any other remedy available under state law and city code;
and (d) appeal rights available to the person or persons receiving the notice of violation and
correction as set forth in subsection (B)(4) of this section.
(2) Should that person fail to correct the violation within the period of time directed, the
community development director or their designee is authorized to assess against the person or
persons causing such violation a civil penalty fee up to five hundred dollars per violation for
each day the violation remains uncorrected. Written notice of the assessed penalty fee shall be
hand-delivered, faxed or emailed to each person determined to be responsible for such
violation.
(3) All violations shall be corrected and all penalties assessed must be paid prior to the city's
issuance of another permit of the same kind to such person.
(4) Appeal of Administrative Decision. Any person aggrieved by a decision of the administrator
denying a permit, revoking a permit, imposing any condition on a permit not authorized by this
chapter, or issuance of a notice of violation and correction under this chapter shall have the right
to appeal in accordance with the procedure set forth in YMC 16.08.
Section 2. Section 8.20.010: Use of public right-of-way without permit prohibited, of
the Yakima Municipal Code, shall be amended to read as follows:
8.20.010 Use of public right-of-way without permit prohibited.
It is unlawful for any person to use, for a private purpose, any public right-of-way without first
obtaining a permit therefor pursuant to this chapter and without otherwise complying with
provisions of this chapter applicable to such occupancy or use; provided, the provisions of this
chapter shall not apply to work in public right-of-way performed by the city, its agents or
contractors, or to occupancy and use of public right-of-way under the authority of any franchise
granted by the city, or to persons using or occupying public right-of-way pursuant to some other
permission or authority granted by the city.
This chapter shall not apply to sidewalk cafes or street beautification projects placed in the
public rights-of-way as regulated under YMC Chapter 5.80 of this code. This chapter does not
apply to temporary signs placed in the right-of-way, which are regulated under YMC 15.08.110.
Further, this chapter does not apply to those uses of rights-of-way falling under other code
sections, such as special event permits or uses that are permitted as part of construction
permits.
Section 3. Section 8.20.020: Definitions, of the Yakima Municipal Code, shall be
amended to read as follows:
8.20.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the
following words, phrases, and terms shall have the following meanings ascribed to them:
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1. "Person" means a natural person, partnership, corporation or any other legal entity.
2. "Public right-of-way" means all public streets, alleys, and property granted or reserved for,
or dedicated to, public use for streets and alleys, together with public property granted or
reserved for, or dedicated to, public use for walkways, sidewalks, trails, shoulders, drainage
facilities, bike ways and horse trails, whether improved or unimproved, including the air rights,
subsurface rights, and easements related thereto.
3. "Use" means to construct, erect or maintain in, upon, over or under any public right-of-way
any structure, item(s), materials, goods, machinery, container, dumpster, storage unit or
equipment, for the private use of the adjoining property owner or occupant or their authorized
agent.
Section 4. Section 8.20.030: Application for permit—Fee, of the Yakima Municipal
Code, shall be amended to read as follows:
8.20.030 Application for permit—Fee.
A. Applications for permits to be issued pursuant to this chapter shall be filed with the city
engineer or their designee upon an approved form, and shall be accompanied by a description
and detailed scale drawing depicting the public right-of-way in the vicinity of the area for which
the permit is sought, including existing utilities, street lights and traffic signal poles, street
furniture and similar features of the area, as well as the dimensions and locations of the
proposed use of the right-of-way. The city engineer may require a traffic control plan or other
documents, which shall be provided by the applicant and approved by the city engineer before a
permit is issued.
B. All applications shall be accompanied by a fee. The fee shall be set forth in the city of
Yakima master fee schedule adopted via resolution by the city council.
Section 5. Section 8.20.040: Processing of application, of the Yakima Municipal Code,
shall be amended to read as follows:
8.20.040 Processing of application.
The city engineer or their designee shall examine each application for compliance with
requirements of this chapter and for compliance with any applicable provisions of the city's
municipal code.
A. For business/commercial uses the application shall be transmitted to the city clerk for
consideration by the city council, except as authorized in YMC 8.20.075 for short-term permits
and permits to place signs in city-owned right-of-way, including sidewalk signs as described in
YMC 8.20.055, which shall be transmitted to and approved or denied by the city engineer or
their designee; or
B. For uses within the residential zones, applicants shall also submit a variance application to
the planning division for review pursuant to YMC 15.21. The applications must be accompanied
by the fees required in YMC 8.20.030(B), and the fee required for the variance in accordance
with the Master Fee Schedule adopted by city council. Schools in residential zones are exempt
from the variance application requirement.
Section 6. Section 8.20.050: Grant or denial of permit, of the Yakima Municipal Code,
shall be amended to read as follows:
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8.20.050 Grant or denial of permit.
Permits which have been reviewed by the city engineer or their designee shall be approved,
approved with conditions, or denied.
Upon consideration by the city council of the application for a permit, the council shall, by
motion, approve or deny the application. Upon approval of an application by the council, the city
engineer shall issue the right-of-way use permit upon the applicant's compliance with the
requirements of this chapter. Any other permits required shall meet the requirements of
applicable codes.
The applicant or other interested persons may appeal the decision in accordance with the
procedures set forth in YMC Chapter 16.08.
Section 7. Section 8.20.052: Criteria for residential right-of-way use permit
consideration, of the Yakima Municipal Code, shall be amended to read as follows:
8.20.052 Criteria for residential right-of-way use permit consideration.
A right-of-way use permit shall be granted by the engineering division only when the applicant
demonstrates that the permit will not be contrary to the public interest and that practical difficulty
and unnecessary hardship will result if it is not granted. The applicant shall meet the
requirements of YMC Chapter 15.21.
Section 8. Section 8.20.055: Sidewalk and projecting sign right-of-way use permit, of
the Yakima Municipal Code, shall be amended to read as follows:
8.20.055 Sidewalk and projecting sign right-of-way use permit.
A right-of-way use permit shall be granted by the city engineer or their designee for a sidewalk
sign or projecting sign if it meets the following conditions:
A. The business/commercial use has a current and valid business license from the city of
Yakima, and is located in a commercial or industrial zoning district;
B. The sign complies with all the requirements found in YMC Chapter 15.08, et al.;
C. A site plan has been filed with the application, as required in YMC 8.20.030, which
identifies the proposed location of the sidewalk sign and ensures that an area of the sidewalk at
least four feet in width is maintained at all times for compliance with the Americans with
Disabilities Act of 1990 standards which will not be impeded by the sidewalk sign;
D. Sidewalk and projecting signs must comply with all provisions of this chapter including but
not limited to application requirements, fees and renewal, liability insurance, appeals and safety
compliance.
Section 9. Section 8.20.057: Small wireless facilities, of the Yakima Municipal Code,
shall hereby be struck.
Section 10. Section 8.20.060: Liability insurance required, of the Yakima Municipal
Code, shall be amended to read as follows:
8.20.060 Liability insurance required.
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Prior to the issuance of any permit pursuant to this chapter, the applicant shall file with the city
engineer or their designee evidence of comprehensive public liability insurance, with limits of not
less than five hundred thousand dollars combined single limit for bodily injury and property
damage for residential uses and one million dollars combined single limit for bodily injury and
property damage for business uses, with the city of Yakima named as an insured party, insuring
against liability from injury or damage resulting from applicant's occupancy of or activities on
public right-of-way under the permit to be issued, which insurance shall be effective during the
entire term of the permit.
Section 11. Section 8.20.070: Term of permit—Renewal, of the Yakima Municipal
Code, shall be amended to read as follows:
8.20.070 Term of permit—Renewal.
Permits issued pursuant to this chapter shall be valid through the period as shown on the
Certificate of Insurance up to a maximum of one year from the date of issuance and shall be
subject to renewal annually on application therefor, and on payment of the fee set forth in the
city of Yakima master fee schedule adopted via resolution by the city council and submittal of an
updated Certificate of Insurance, provided permits granted under authority other than this
chapter shall remain in full force and effect according to their terms without the necessity for
application therefor or renewal thereof and without the payment of a permit fee, unless any such
permit is terminated or revoked as provided by that permit.
Section 12. Section 8.20.075: Short-term permits, of the Yakima Municipal Code, shall
be amended to read as follows:
8.20.075 Short-term permits.
For uses of a right-of-way for less than thirty days, the following process shall be followed in lieu
of the process outlined in YMC 8.20.030 through 8.20.052 and YMC 8.20.070.
A. Purpose. Short-term right-of-way permit uses are for those uses of the public right-of-way for
less than thirty days, and include, but are not limited to, placement of limited-term container-type
storage units, placement of limited-term dumpsters, use and occupation of the right-of-way for
construction projects for less than thirty days, or use and occupation of the right-of-way to
temporarily store landscaping materials or other equipment being used in a project.
B. Application. Applications for short-term right-of-way use permits shall be filed with the city
engineer or their designee upon an approved form and accompanied by a detailed scale drawing
depicting the public right-of-way in the vicinity of the area for which the permit is sought, including
existing utilities, street lights and traffic signal poles, street furniture and similar features of the
area, as well as the dimensions and locations of the proposed use of the right-of-way. The
application shall be filed no less than fifteen business days before the proposed start-date of the
permit. The city engineer may require a traffic control plan or other documents, which all shall be
provided by the applicant and approved by the city engineer before a permit is issued. Such
application shall contain an accurate description of the public right-of-way or portion thereof
desired to be used under the authority of the permit sought, the use desired to be made of the
public right-of-way by the applicant pursuant to the permit, the plans and specifications for any
utility or structure desired in or on a public right-of-way, evidence showing the applicant to be the
owner of, or entitled to the possession and use of, the property adjacent to the right-of-way
concerning which the permit is sought and such other information deemed necessary or desirable
by the city engineer to enforce compliance with or to otherwise administer the provisions of this
chapter.
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C. Fee. The fee for a short-term right-of-way use permit shall be set forth in the city of Yakima
master fee schedule adopted via resolution by the city council. Additional fees based on the
location and use may be required.
D. Processing. The city engineer or their designee, shall examine applications for compliance.
Other city staff may examine applications if deemed appropriate by the city engineer. If the short-
term right-of-way use permit is in a residential area, the city engineer shall evaluate the request
in light of the requirements of YMC 8.20.052. Upon review, the city engineer may issue the permit
based thereon, after receiving proof of insurance and the receipt of any other documents deemed
necessary by the city.
E. Insurance. The provisions of YMC 8.20.060, including but not limited to the liability limits,
shall apply to short-term right-of-way use permits.
F. Expiration. Short-term right-of-way use permits shall expire on the date listed on the permit.
G. Renewal. Short-term right-of-way use permits may be renewed one time upon completion of
a new application and the payment of the application fee.
Section 13. Section 8.20.080: Revocation of permits, of the Yakima Municipal Code,
shall be amended to read as follows:
8.20.080 Revocation of permits.
No permit granted pursuant to this chapter shall vest any permanent right to the permit holder;
and any such permit may be revoked by the city engineer, followed by notice to the permit holder
given by the city engineer that such permit is revoked, which notice shall be given not less than
thirty days prior to the effective date of revocation specified in such notice. The notice shall be in
writing and personally delivered to the permit holder or mailed to the permit holder at its address
specified in the application. In the event the city engineer or their designee determines that the
continued use of public right-of-way pursuant to a permit constitutes an immediate hazard to the
public, such permit may be immediately suspended and further use thereof terminated pending
the city engineer's written notice to permanently revoke the permit. Permanent revocation shall
be immediately effective upon written notice delivered to the permit holder in person or by mail as
provided by this section. The permittee may appeal revocation of the permit in accordance with
the procedure set forth in YMC Chapter 16.08. Fees shall be paid in accordance with the Master
Fee Schedule adopted by City Council.
Section 14. Section 8.20.090: Discontinuance of use on termination or revocation of
permit, of the Yakima Municipal Code, shall be amended to read as follows:
8.20.090 Discontinuance of use on termination or revocation of permit.
Upon the (1) termination of a permit, unless renewed, (2) suspension of the permit by the city
engineer or their designee, or (3) revocation of any permit issued pursuant to this chapter, the
person to whom that permit was originally issued shall forthwith discontinue the use of public right
-of-way authorized by such permit, and shall forthwith remove all structures and right-of-way
obstructions authorized by such permit. In the event the city engineer or their designee suspends
the permitted use on the basis of an articulable hazard presented by said use, the permittee shall
immediately remove the hazardous condition. If any such structure, obstruction or hazard is not
so removed, the city engineer or their designee may cause the same to be removed and perform
any repair work to public right-of-way necessitated by such removal in order to render the public
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right-of-way safe for public use, and the person to whom the permit was originally issued shall be
liable to the city for all expenses of such removal and repair.
Section 15. Section 8.20.120: Penalty for violation—Each day a separate offense, of
the Yakima Municipal Code, shall be amended to read as follows:
8.20.120 Penalty for violation—Each day a separate offense.
Violations to this chapter shall follow the procedures found in YMC Chapter 8.01.010.
Section 16. Section 8.20.130: Violations as nuisances, of the Yakima Municipal Code,
shall be amended to read as follows:
8.20.130 Violations as nuisances.
Any private use of public right-of-way contrary to the provisions of this chapter or other lawful
authority is a public nuisance, subject to prevention or abatement by injunction or other
appropriate remedy. Any items left in a public parking area, lane of travel, street, sidewalk or right-
of-way may be removed after a five-day notice is posted on site and sent via regular and/or
electronic mail (if such an address is provided) to the applicant or person or entity violating this
code. Items remaining after the notice period shall be considered abandoned. Cost of such
removal shall be paid by the applicant or person or entity violating this code. Nothing in this
chapter shall inhibit the city from enforcing YMC 6.75 (Obstructing Passage on Streets and
Sidewalks), RCW 9A.84.030 (Blocking streets and sidewalks) or removing items from public
rights-of-way in cases of emergency or an immediate threat to the public health and safety.
Section 17. Section 8.72.020: Definitions, of the Yakima Municipal Code, shall be
amended to read as follows:
8.72.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number, and words in
the singular number include the plural number. The word "shall" is always mandatory and not
merely directory.
"Administrator" means the city's community development director or their designee.
"Applicant" means any person making written application to the administrator for an excavation
permit hereunder.
"City" means the city of Yakima.
"City council" or"council" means the city council of the city of Yakima.
"City manager" means the city manager of the city of Yakima or their designee.
"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.
"Excavation work" means the excavation and other work permitted under an excavation permit
and required to be performed under this chapter.
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"Paving condition index" or "PCI" means a written rating measuring pavement condition using a
numerical index between zero and one hundred, where one hundred equals no defects, that is
calculated from a visual survey of street distress based upon principles or practices reasonably
accepted within the civil engineering or traffic engineering profession. Principles or practices
reasonably accepted within the civil engineering or traffic engineering profession include, but are
not limited to, the Washington State Department of Transportation (WSDOT) extended method in
determining paving distress ratings, the WSDOT pavement distress manual, the WSDOT local
agency pavement management guide, and/or methodologies recommended by the American
Association of State Highway and Transportation Officials (AASHTO) and American Society for
Testing and Materials (ASTM).
"Permittee" means any person who has been granted and has in full force and effect an
excavation permit issued hereunder.
"Person" means any person, firm, partnership, association, corporation, company or organization
of any kind.
"Street" means and includes any street, highway, sidewalk, alley, avenue, easement granted to
or held by the city for public use, or other public way or public grounds in the city.
Section 18. Section 8.72.030: Excavation permit required—Administration, of the
Yakima Municipal Code, shall be amended to read as follows:
8.72.030 Excavation permit required—Administration.
A. It is unlawful for any person to dig up, break, excavate, tunnel, or undermine any street, alley,
sidewalk, highway, thoroughfare or other public place, without first obtaining an excavation permit
from the city and thereafter complying with the requirements of the permit. The review and
approval of such permit applications shall be performed by the engineering division. Receipt of
applications and fees, issuance of approved permits, administration and enforcement of the
provisions of this chapter shall also be performed by the engineering division under the authority
of the community development director.
B. Nothing in this chapter shall be construed to prevent any person from maintaining any utility
facilities in or under any right-of-way by virtue of any law, ordinance or permit as may be
necessary for the preservation of life or property in the case of an emergency; provided, that the
person shall obtain an excavation permit in arrears, within two business days following the
conclusion of the emergency situation and any required response.
Section 19. Section 8.72.080: Violations—Civil penalties—Appeals, of the Yakima
Municipal Code, shall be amended to read as follows:
8.72.080 Violations—Penalties—Appeals. •
Violations to this chapter shall follow the procedures found in YMC Chapter 8.01.010.
Section 20. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 21. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this 18th day of March, 2025.
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ATTEST: =1p0mA `��t1 Patricia Byer , Mayor
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Brandy Br ord, Depu�►� City Clerk ►''`‘y'gSHINC'hs'
Publication Date: March 22, 2025
Effective Date: April 21, 2025
9
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.B.
For Meeting of: March 18, 2025
ITEM TITLE: Ordinance amending Yakima Municipal Code Chapters 8.01, 8.20 and
8.72 relating to work in the right of way
SUBMITTED BY: Bill Preston, Community Development Director/Interim City Engineer
SUMMARY EXPLANATION:
On August 20, 2024, City Council passed Ordinance No. 2024-023 which effectively moved the
Engineering Division under the umbrella of the Community Development Department. Community
Development staff later reviewed Title 8 (Streets and Sidewalks) of the Yakima Municipal Code, wherein
it is referenced that the Code Administration processes right-of-way use permits. It was determined that
the Engineering Division was the more suitable reviewing authority for such permits. The ordinance
brought to you today for your consideration enacts this change as well as other clerical fixes,
clarifications, etc.
Additionally, this ordinance proposes the allowance of a $500 fee for appealing the revocation of a right-
of-way use permit. If approved, staff intends to implement this fee into the Master Fee Schedule via
Resolution at a later date.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ordinance_YMC Title 8 Changes.docx
YMC 8.01.010 Redline-Final.pdf
YMC 8.20 Redline-Final.pdf
YMC 8.72 Redline-Final.pdf
306
I 8.01.010 Violation—Penalties.
It is unlawful for any person to violate any provision or fail to comply with any requirement of
Title 8 of this code. Any person convicted of violating any provision or of failing to comply with
any requirement of this titic shall be punished by a fine not to exceed two hundred fifty dollars or
by imprisonment in the city jail facility for not more than ninety days for each such conviction. If
the violation of or failure to comply with provisions or requirements of this title is of a continuing
duration, then each day shall constitute a separate offense.
A. General—Authority of City. Whenever the city finds probable cause to believe violation of
any of the provisions of Title 8 exists, the city shall notify the person responsible for the alleged
violation in writing and shall order the necessary corrections to be made. If such violation is not
corrected within the period of time established by the city, the city may invoke the remedies set
forth in this section and/or any other remedy available under state law or city code. The
provisions in this section are not exclusive remedies. The city reserves the right to take any, all,
or any combination of these actions against any person violating the provisions of this title,
together with any other action available under state law or city code.
B. Procedure—Notification of Violation—Effect of Violation—Appeals. The city shall notify any
person found to be in violation with this title of the scope of violation, the provisions violated, the
date of violation (if known), and the required correction.
(1) Said notice of violation and correction shall be in writing and may be hand-delivered, faxed
or emailed to the person or persons responsible for the violation. The notice shall advise such
person(s): (a) that failure to correct the violation within the time specified will subject the
violator(s) to imposition of a civil penalty fee up to five hundred dollars per violation for each day
the violation remains uncorrected; (b) that all violations shall be corrected and all assessed
penalties paid prior to issuance of another permit of the same kind to such persons(s); (c) that
the city reserves the right to invoke any other remedy available under state law and city code;
and (d) appeal rights available to the person or persons receiving the notice of violation and
correction as set forth in subsection (B)(4) of this section.
(2) Should that person fail to correct the violation within the period of time directed, the
community development director or their designee is authorized to assess against the person or
persons causing such violation a civil penalty fee up to five hundred dollars per violation for
each day the violation remains uncorrected. Written notice of the assessed penalty fee shall be
hand-delivered, faxed or emailed to each person determined to be responsible for such
violation.
(3) All violations shall be corrected and all penalties assessed must be paid prior to the city's
issuance of another permit of the same kind to such person.
(4) Appeal of Administrative Decision. Any person aggrieved by a decision of the administrator
denying a permit, revoking a permit, imposing any condition on a permit not authorized by this
chapter, or issuance of a notice of violation and correction under this chapter shall have the right
to appeal in accordance with the procedure set forth in YMC 16.08.
316
8.20.010 Use of public right-of-way without permit prohibited.
It is unlawful for any person to use, for a private purpose, any public right-of-way
public purpose without first obtaining a permit therefor pursuant to this chapter and without
otherwise complying with provisions of this chapter applicable to such occupancy or use;
provided, the provisions of this chapter shall not apply to work in public right-of-way performed
by the city, its agents or contractors, or to occupancy and use of public right-of-way under the
authority of any franchise granted by the city, or to persons using or occupying public right-of-
way pursuant to some other permission or authority granted by the city.
This chapter shall not apply to signs regulated under YMC Chapter 15.08 of this code, or
sidewalk cafes or street beautification projects placed in the public rights-of-way as regulated
under YMC Chapter 5.80 of this code. This chapter does not apply to temporary signs placed in
the right-of-way, which are regulated under YMC 15.08.110.
Further, this chapter does not apply to those uses of rights-of-way falling under other code
sections, such as special event permits or uses that are permitted as part of construction
permits.
8.20.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the
following words, phrases, and terms shall have the following meanings ascribed to them:
1. "Person" means a natural person, partnership, corporation or any other legal entity.
2. "Public right-of-way" means streets, alloy: i`Jewalks plan+inn c+rip€ an`J righ+c_nf_
way open to the use of the public including the space above and beneath the surface of
such public rights of way. all public streets, alleys, and property granted or reserved for, or
dedicated to, public use for streets and alleys, together with public property granted or
reserved for, or dedicated to, public use for walkways, sidewalks, trails, shoulders,
drainage facilities, bike ways and horse trails, whether improved or unimproved, including
the air rights, subsurface rights, and easements related thereto.
3. "Use" means to construct, erect or maintain in, upon, over or under any public right-of-
way any structure, item(s), materials, goods, machinery, container, dumpster, storage unit
or equipment, for the private use of the adjoining property owner or occupant or their
authorized agent.
8.20.030 Application for permit—Fee.
A. Applications for permits to be issued pursuant to this chapter shall be filed with the city
engineer or their designeecommunity development director upon an approved form, and shall
be accompanied by a description and detailed scale drawing depicting the public right-of-way in
the vicinity of the area for which the permit is sought, including existing utilities, street lights and
traffic signal poles, street furniture and similar features of the area, as well as the dimensions
and locations of the proposed use of the right-of-way. The city engineercommunity development
director may require a traffic control plan or other documents, which shall be provided by the
applicant and approved by the city engineercommunity development director before a permit is
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issued. Such application shall contain an accurate description of the p iblic right-of-way or
portion thereof desired to be used under the authority of the permit sought, the use desired to
be made of the public right of way by the applicant pursuant to the permit, the plans and
specifications for any utility or structure desired in or on a public right-of-way, evidence showing
the applicant to be the owner of, or entitled to the possession and use of, the property adjacent
to the right of way concerning which the permit is sought and such other information deemed
necessary or desirable by the chief of code administration to enforce compliance with or to
otherwise administer the provisions of this chapter.
B. All applications shall be accompanied by a fee. The fee shall be set forth in the city of
Yakima master fee schedule adopted via resolution by the city council.
8.20.040 Processing of application.
The city engineer or their desiqneecode administration manager shall examine each application
for compliance with requirements of this chapter and for compliance with any applicable
provisions of the city's municipal building code, and shall endorse his/her findings on thc
application form and transmit it:
A. For business/commercial uses the application shall be transmitted to the city clerk for
consideration by the city council, except as authorized in YMC 8.20.075 for short-term permits
and permits to place signs in city-owned right-of-way, including sidewalk signs as described in
YMC 8.20.055, to the city clerk for consideration by the city council; except that applications for
permits to place signs in city owned right of way, including sidewalk signs as described in
YMC 8.20.055, which shall be transmitted to and approved or denied by the ci�t rr
enqineercommunity development director or their his/her designee; or
B. For uses within the residential zones, applicants shall also submit a variancethe application
to the planning division for the permit to the planning division for review pursuant to under thc
procedures established for an administrative adjustment, YMC 15.21 15.10.030. The
applications must be accompanied by the fees required in YMC 8.20.030(B), and the fee
required for the variance administrative adjustmentin accordance with the Master Fee Schedule
adopted by city council. Schools in residential zones are exempt from the variance application
requirement.
8.20.050 Grant or denial of permit.
Permits which have been reviewed by the city engineer or their designee shall be approved,
approved with conditions, or denied.
Upon consideration by the city council of the application for a permit, the council shall, by
motion, approve or deny the application. Upon approval of an application by the council, the city
engineer shall issue the right-of-way use permit upon the applicant's compliance with the
requirements of this chapter. Any other permits required shall meet the requirements of
applicable codes.ln ^aces whore a building permit or other approval is also required in
accordance with Scction 8.20.052, the applicant shall first make application for such permit with
the community development department prior to the right performing the work as approved by
the permit issued in accordance with this chapter.
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The applicant or other interested persons may appeal the decision in accordance with the
procedures set forth in YMC Chapter 16.08. to the city ,rind within thirty days „f the iceuance
of the written decision concerning an application for a permit. City council decisions must be
app alcd to thc Yakima County superior court.
application, cxccpt that applications for permits to place signs in city owned right of way,
including sidewalk signs as described in YMC 8.20.055, shall be considered and approved or
denied by the community development director, or his/her designee. Upon approval of an
application by the council, planning division or, in the cas
a sign in city owned right of way, thc community development director shall issue the permit
upon applicant's compliance with requirements of this chapter.
The applicant or other interested persons may appctial to thc city council within thirty days of thc
issuance of the director's written decision or the planning division's decision concerning an
application for a permit. City council decisions may be appealed to the Yakima County superior
court.
8.20.052 Criteria for residential right-of-way use permit consideration.
A right-of-way use permit shall be granted by the engineering planning division only when the
applicant demonstrates that the permit will not be contrary to the public interest and that
practical difficulty and unnecessary hardship will result if it is not granted. The applicant;shall
meet the in addition to the requirements of YMC Chapter 15.21. 15.10.030, must clearly
establish and substantiate that thc request for permit conforms to all of the requirements and
standards listed below:
A. That granting the right of way use permit will be consistent with the general purpose and
intent of the underlying zoning district and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare;
B. That granting the right of way use permit will not authorize the establishment of any use not
permitted in a particular zoning district;
C. That a unique circumstance, special circumstance or condition exists, fully described in thc
permit is sought. The special circumstance or condition must be peculiar to such land or
structures and not generally applicable to land or structures in the neighborhood. The special
circumstance or condition must also be such that the strict application of the right of way
provisions would deprive the applicant of reasonable use of applicant's land or structure;
D. That an unavoidable hardship exists. It is not sufficient proof of hardship to show that lesser
cost would result if the right of way use permit were granted. Furthermore, the hardship
complained of cannot be self created; nor can it be established on this basis by one who
r„4rnhacec without knowledge of the restrictions It m,,ct roc,,14 from the application of thc
desired use to the land or structure. It must be suffered directly by the applicant for the property
considered. Neither nonconforming uses nor neighboring lands or structures, nor buildings in
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other zoning districts, shall be considered as factors relevant to the issuance of a right of way
use permit; and
E. That the requested right of way use permit is the minimum remedy that will accomplish this
purpose.
8.20.055 Sidewalk and projecting sign right-of-way use permit.
A right-of-way use permit shall be granted by the city engineercommunity development director
or their his/her designee for a sidewalk sign or projecting sign and shall endorse the application
form if it meets the following conditions:
A. The business/commercial use has a current and valid business license from the city of
Yakima, and is located in a commercial or industrial zoning district;
B. The sign complies with all the requirements found in YMC Chapter 15.08, et al.;
C. A site plan has been filed with the application, as required in YMC 8.20.030, which
identifies the proposed location of the sidewalk sign and ensures that an area of the sidewalk at
least four feet in width is maintained at all times for compliance with the Americans with
Disabilities Act of 1990 standards which will not be impeded by the sidewalk sign;
D. Sidewalk and projecting signs must comply with all provisions of this chapter including but
not limited to application requirements, fees and renewal, liability insurance, appeals and safety
compliance.
Q 20 057 Small wireless facilities
Small wireless facilities s-defined in YMC 1 F 2g,02g o€ed t�e-placed-Gn-aci-e7X-i- gor
new utility pole in the right of way and meeting all applicable criteria found in YMC 15.29.060(G)
and 15.29.070(B) shall be issued a right of way use permit aftcr complcting a small wireless
facility right of way use application. The FCC in '17 CFR Section 1.6003 has established
presumptively reasonable time periods for review of facilities for the deployment of small
environment to comply with these time periods to the fi llest extent possible
A. Applications. The public works director or their designee shall specify submittal
director may require additional mate; .-,map,7.tudics, or photographic simulation
when the director determines such material is needed to adequately assess the proposed
project. The director may waive specific submittal requirements determined to be unnecessary
for review of an application aftcr a writtcn request for such waiver is made to the director. The
director has the sole authority to grant or deny such a request and all waivers are granted on a
case by case basis, narrowly tailored to minimize deviation from the requirements outlined
herein.
B ompl pplicationsdpenial 4pplication mill he processe� an ootices of
,
incompleteness provided, in conformity with state, local and fcdcral law. If an application is
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incomplete, it may be rejected by the director by notifying thc applicant and idcntifying thc
material omitted from thc application. Applications may be dcnicd without prcjudicc whcn thc
applicant fails to providc a substantivc response to the city within one hundred eighty days after
applicablc fccs will be required for the same location.
C. Post Installation Inspection. All small cell permits rcqucsting use of a city owncd utility polc
require a post installation inspection by the public works department. Such inspection shall
occur prior to bringing the small cell facility online. The cost of that inspection, which shall be set
forth in the City of Yakima Master Fee Schedule adopted via resolution by the city council, shall
be paid by the applicant.
D. As-Built Drawings Required. After obtaining the permit and constructing the small cell
facility, the applicant shall provide to the public works director the as built drawings of the small
cell facility.
8.20.060 Liability insurance required.
Prior to the issuance of any permit pursuant to this chapter, the applicant shall file with the city
engineer community development director or theirhis/her designee evidence of comprehensive
public liability insurance, with limits of not less than five hundred thousand dollars combined
single limit for bodily injury and property damage for residential uses and one million dollars
combined single limit for bodily injury and property damage for business uses, with the city of
Yakima named as an insured party, insuring against liability from injury or damage resulting
from applicant's occupancy of or activities on public right-of-way under the permit to be issued,
which insurance shall be effective during the entire term of the permit.
8.20.070 Term of permit—Renewal.
Permits issued pursuant to this chapter shall be valid throughfof thea period as shown on the
Certificate of Insurance up to a maximum of up to one year from the date of issuance and shall
be subject to renewal annually on application therefor, and on payment of the fee set forth in the
city of Yakima master fee schedule adopted via resolution by the city council and submittal of an
updated Certificate of Insurance, provided permits granted under authority other than this
chapter shall remain in full force and effect according to their terms without the necessity for
application therefor or renewal thereof and without the payment of a permit fee, unless any such
permit is terminated or revoked as provided by that permit.
8.20.075 Short-term permits.
For uses of a right-of-way for less than thirty days, the following process shall be followed in lieu
of the process outlined in YMC 8.20.030 through 8.20.052 and YMC 8.20.070.
A. Purpose. Short-term right-of-way permit uses are for those uses of the public right-of-way
for less than thirty days, and include, but are not limited to, placement of limited-term container-
type storage units, placement of limited-term dumpsters, use and occupation of the right-of-way
for construction projects for less than thirty days, or use and occupation of the right-of-way to
temporarily store landscaping materials or other equipment being used in a project.
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B. Application. Applications for short-term right-of-way use permits shall be filed with the city
engineer or their designeecommunity development director upon an approved form and
accompanied by a detailed scale drawing depicting the public right-of-way in the vicinity of the
area for which the permit is sought, including existing utilities, street lights and traffic signal
poles, street furniture and similar features of the area, as well as the dimensions and locations
of the proposed use of the right-of-way. The application shall be filed no less than fifteen seven
business days before the proposed start-date of the permit. The city engineercommunity
development director may require a traffic control plan or other documents, which all shall be
provided by the applicant and approved by the city engineercommunity development director
before a permit is issued. Such application shall contain an accurate description of the public
right-of-way or portion thereof desired to be used under the authority of the permit sought, the
use desired to be made of the public right-of-way by the applicant pursuant to the permit, the
plans and specifications for any utility or structure desired in or on a public right-of-way,
evidence showing the applicant to be the owner of, or entitled to the possession and use of, the
property adjacent to the right-of-way concerning which the permit is sought and such other
information deemed necessary or desirable by the city engineerchief of code administration to
enforce compliance with or to otherwise administer the provisions of this chapter.
C. Fee. The fee for a short-term right-of-way use permit shall be set forth in the city of Yakima
master fee schedule adopted via resolution by the city council. Additional fees based on the
location and use may be required.
D. Processing. The city engineerplanning manager or their his or her designee, shall examine
applications for compliance. Other city staff may examine applications if deemed appropriate by
the city engineerplanning manager or his or her designee. The planning manager will provide
findings and conclusions to the community development director. If the short-term right-of-way
use permit is in a residential area, the city engineerplanning manager shall evaluate the request
in light of the requirements of YMC 8.20.052. Upon review, the city engineercommunity
development director may issue the permit based thereon, after receiving proof of insurance
and the receipt of any other documents deemed necessary by the city.
E. Insurance. The provisions of YMC 8.20.060, including but not limited to the liability limits,
shall apply to short-term right-of-way use permits.
F. Expiration. Short-term right-of-way use permits shall expire on the date listed on the permit.
G. Renewal. Short-term right-of-way use permits may be renewed one time upon completion
of a new application and the payment of the application fee.
8.20.080 Revocation of permits.
No permit granted pursuant to this chapter shall vest any permanent right tow the permit holder;
and any such permit may be revoked by the city engineer resolution or motion of the city
council, followed by notice to the permit holder given by the city engineercode administration
manager that such permit is revoked, which notice shall be given not less than thirty days prior
to the effective date of revocation specified in such notice. The notice shall be in writing and
personally delivered to the permit holder or mailed to the permit holder at its address specified
in the application. In the event the city engineercommunity development director or their i '
designee determines that the continued use of public right-of-way pursuant to a permit
constitutes an immediate hazard to the public, such permit may be immediately suspended and
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further use thereof terminated pending city council's determination by resolution or motionthe
city engineer's written notice to permanently revoke the permit. Permanent revocation shall be
immediately effective upon written notice delivered to the permit holder in person or by mail as
provided by this section. The permittee may appeal revocation of the permit in accordance with
the procedure set forth in YMC Chapter 16.08. Fees shall be paid in accordance with the Master
Fee Schedule adopted by City Council.+„ city ncil within thirty Arnie of the iccuance of the
Yakima County superior court.
8.20.090 Discontinuance of use on termination or revocation of permit.
Upon the (1) termination of a permit, unless renewed, (2) suspension of the permit by the city
engineercommunity development director, or their his/her designee, or (3) revocation of any
permit issued pursuant to this chapter, the person to whom that permit was originally issued
shall forthwith discontinue the use of public right-of-way authorized by such permit, and shall
forthwith remove all structures and right-of-way obstructions authorized by such permit. In the
event the city engineercommunity development director or their his/her designee suspends the
permitted use on the basis of an articulable hazard presented by said use, the permittee shall
immediately remove the hazardous condition. If any such structure, obstruction or hazard is not
so removed, the city engineercommunity development director or their his/her designee may
cause the same to be removed and perform any repair work to public right-of-way necessitated
by such removal in order to render the public right-of-way safe for public use, and the person to
whom the permit was originally issued shall be liable to the city for all expenses of such removal
and repair.
8.20.120 Penalty for violation—Each day a separate offense.
Any person convicted of violating any provision or failing to comply with any requirement of this
chapter shall be subject to a fine in an amount not to exceed two hundred fifty dollars or by
imprisonment for a period not to exceed ninety days; and any such violation or failure to so
comply constitutes a continuing offense with each day constituting a scparatc offcnsc of this
chapter. The community development director shall enforce the penalty provisions of this code.
Violations to this chapter shall follow the procedures found in YMC Chapter 8.01.010.
8.20.130 Violations as nuisances.
Any private use of public right-of-way contrary to the provisions of this chapter or other lawful
authority is a public nuisance, subject to prevention or abatement by injunction or other
appropriate remedy. Any items left in a public parking area, lane of travel, street, sidewalk or
right-of-way may be removed after a five-day notice is posted on site and sent via regular and/or
electronic mail (if such an address is provided) to the applicant or person or entity violating this
code. Items remaining after the notice period shall be considered abandoned. Cost of such
removal shall be paid by the applicant or person or entity violating this code.—Nothing in this
chapter shall inhibit the city from enforcing YMC 6.75 (Obstructing Passage on Streets and
Sidewalks), RCW 9A.84.030 (Blocking streets and sidewalks) or removing items from public
rights-of-way in cases of emergency or an immediate threat to the public health and safety.
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8.72.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
"Administrator" means the city's community development director or their desiqnee.utilities and
cnginccring dcpartment.
"Applicant" means any person making written application to the administrator for an excavation
permit hereunder.
"City" means the city of Yakima.
"City council" or"council" means the city council of the city of Yakima.
"City manager" means the city manager of the city of Yakima or their his or her designee.
"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.
"Excavation work" means the excavation and other work permitted under an excavation permit
and required to be performed under this chapter.
"Paving condition index" or"PCI" means a written rating measuring pavement condition using a
numerical index between zero and one hundred, where one hundred equals no defects, that is
calculated from a visual survey of street distress based upon principles or practices reasonably
accepted within the civil engineering or traffic engineering profession. Principles or practices
reasonably accepted within the civil engineering or traffic engineering profession include, but
are not limited to, the Washington State Department of Transportation (WSDOT) extended
method in determining paving distress ratings, the WSDOT pavement distress manual, the
WSDOT local agency pavement management guide, and/or methodologies recommended by
the American Association of State Highway and Transportation Officials (AASHTO) and
American Society for Testing and Materials (ASTM).
"Permittee" means any person who has been granted and has in full force and effect an
excavation permit issued hereunder.
"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
"Street" means and includes any street, highway, sidewalk, alley, avenue, easement granted to
or held by the city for public use, or other public way or public grounds in the city.
8.72.030 Excavation permit required—Administration.
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A. It is unlawful for any person to dig up, break, excavate, tunnel, or undermine any street,
alley, sidewalk, highway, thoroughfare or other public place, without first obtaining an
excavation permit from the city and thereafter complying with the requirements of the permit.
The review and approval of such permit applications shall be performed by the utilities and
engineering departmen+engineering division. Receipt of applications and fees, issuance of
approved permits, administration and enforcement of the provisions of this chapter shall also be
performed by the utilities and engineering department engineering division under the authority of
the community development director.
B. Nothing in this chapter shall be construed to prevent any person from maintaining any utility
facilities in or under any right-of-way by virtue of any law, ordinance or permit as may be
necessary for the preservation of life or property in the case of an emergency; provided, that the
person shall obtain an excavation permit in arrears, within two business days following the
conclusion of the emergency situation and any required response.
8.72.080 Violations—Penalties—Appeals.
A. General Authority of City. Whenever the city finds probable cause to believe violation of
alleged violation in writing and shall ordcr the necessary corrections to be made. If such
violation is not corrected within the period of time established by the city, the city may invoke thc
remedies set forth in this section and/or any other remedy available under state law or city code.
,
all, or any combination of these actions against any person violating the provisions of this
chapter, together with any other action available under state law or city code.
B. Procedure Notification of Violation Effect of Violation Appeals. The city shall notify any
person found to be in violation with this chapter of the scope of violation, the provisions violated,
the '•late of violation (if known\ grid the reg,,ired correction
,
(1) Said notice of violation and correction shall be in writing and may be hand delivered, faxed
or emailed to the person or persons responsible for the violation. The notice shall advise such
person(s): (a) that failurc to corrcct thc violation within thc timc cpccificd will subject thc
violator(s) to imposition of a civil penalty fee up to five hundred dollars per violation for each day
the violation remains uncorrected; (b) that all violations shall be corrected and all assessed
penalties paid prior to issuance of another right of way use permit to such persons(s); (c) that
correction as set forth in subsection (B)('I) of this section.
(2) Should that person fail to correct the violation within thc period of timc directed, thc
director is authorized to assess against the person or persons causing such violation a civil
penalty fee up to five hundred dollars per violation for each day the violation remains
uncorrected. Written notice of the assessed penalty fee shall be hand delivered, faxed or
emailed to each person determined to he responsible for si ich violation
(3) All violations shall be corrected and all penalties assessed must be paid prior to thc city's
issuance of another right of way use permit to such person.
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('I) Appeal of Administrative Decision. Any person aggrieved by a decision of the administrator
denying a permit, revoking a permit, imposing any condition on a permit not authorizcd by this
to appeal to the legislative body in accordance with the procedure set forth in YMC 16.08
Yakima County superior court in accordance with the process and procedure set forth in YMC
15.16.060.
Violations to this chapter shall follow the procedures found in YMC Chapter 8.01.010.
411S)
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