Loading...
HomeMy WebLinkAboutORD. NO. 2026-001 amend YMC 8.72_excavations in public rights of wayORDINANCE NO. 2026-001 AN ORDINANCE amending the City of Yakima Municipal Code Chapter 8.72, Excavations in Public Rights -of -Way. WHEREAS, excavations in the public right-of-way are governed by YMC Chapter 8.72; WHEREAS, damage to underground facilities may occur during excavations and must be addressed in a timely manner and with public safety in mind; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: and Section 1. Section 8.72.050 of the Yakima Municipal Code is hereby amended to read as follows: 8.72.050 Execution of work. A. Work Hours. 1) The permittee is encouraged to perform the work outside of normal commute times; however, the permittee may make its case to the city for when the work needs to be done. i. Alternate hours, including nights or weekends, may be required for operations that unduly disrupt traffic flows or represent potential safety hazards. B. A copy of the approved excavation permit shall be kept at the work site all times while such work is in progress. C. Permittee shall conform to any public notification requirements included in the permit, contract documents, or approved plans. D. All persons performing work shall take reasonable precautions not to damage or destroy existing facilities. E. An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the facility operator directly, if the facility operator is known, the City of Yakima Engineering Division, and a one -number locator service, and report the damage as required under RCW 19.122.053. If the damage causes an emergency condition, the excavator causing the damage shall also call 911 to alert the appropriate local public safety agencies and take all appropriate steps to ensure the public safety. F. No damaged underground facility may be buried until it is repaired or relocated. A permit from the City of Yakima for the repair or relocation of the facility shall be obtained prior to commencement of work or within two business days of performing the work in the case of an emergency. Only a person with a valid City of Yakima Side Sewer Installer's License shall be authorized to install a side sewer. G. Any damage caused to any property during the course of work shall be repaired and the property restored by permittee, and its successors or assigns, at its sole cost and expense, without delay or interruption and within the time period prescribed by the City of Yakima. The restoration shall leave the damaged property in an equal or better condition than existed prior to the damage, as determined by the City of Yakima. If the person damaging such property fails to timely effect and complete such repair and restoration, the City of Yakima shall have authority to repair and restore the same with the use of City labor and materials and charge all costs thereof against the person(s) or entit(ies) responsible for such damage plus a fifteen (15) percent to cover administrative expenses. H. Excavation requirements are referenced in the city's design standards, as posted on the department of utilities and engineering webpage and office. 1) Restoration. i. Any disturbance of pavement (including damage caused by dumpsters or construction drop boxes), sidewalk, driveways, landscaping, striping or other marking, traffic loops or other devices, or any other feature shall be restored, repaired or replaced to city standards or to the condition existing prior to the disturbance, as modified by the requirements herein, if no restoration standard exists. a) Destructive cuts for utility locates shall be as small as possible and shall be restored with flo-fill or low PSI concrete as approved by the director. ii. Replacement of roadway, in lieu of restoration fee, may be requested by the permittee and is permissible if agreed to by the city. iii. Work areas, including adjacent areas that were cleared/grubbed or damaged, shall be stabilized and reseeded within fourteen calendar days, weather permitting and seasonally adjusted, after the permit completion date. iv. All excavations within the right-of-way shall be properly backfilled and shall require a two-year warranty. v. Sidewalks, curbs, gutters or combination curbs and gutters shall be removed to nearest joint. All concrete used to replace curbs and gutters shall obtain a minimum compression strength of three thousand p.s.i. at twenty-eight days. Curbs and gutters shall be replaced to conform to the same shape, size and continuous gradient as existing curbs and gutters. vi. After backfilling is completed, and prior to repaving the cut, the contractor or permittee shall remove all loose paving material and trim the edges of the excavation at the street surface. vii. Roads and sidewalks shall be restored to a safe, passable condition prior to the work area being opened for public use. a) Temporary surfaces may be in place for no more than seventy-two hours unless weather or other mitigating circumstances are present. i. The city's approval, with conditions and allowable duration, is required to leave temporary surface in place for longer than seventy-two hours. ii. Failure to comply with the city's conditions will constitute a violation under this chapter. iii. Maintenance of temporary surface will require a separate encroachment permit if not completed as part of the original work. iv. If the temporary surface is not maintained in a safe and acceptable manner, and the permittee does not respond or is not able to respond in a timely manner to maintain the temporary surface as required by the city, the city may cause the work to be done. 1. The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. 2) Repair of Failed Surface over Excavation. Should the pavement or sidewalk surface over any excavation sink or break within two years after the excavation has been completed, the permittee shall, upon written notice from the city, immediately repair the installation or backfill and have the pavement restored as specified by the city, within such time period as may be specified by the city. a) If the permittee does not respond or is not able to respond in a timely manner as required by the city, the city may cause the work to be done. b) The cost thereof, including any inspection costs and administrative overhead incurred by the city, shall be assessed against the permittee. Maintenance. The permittee shall maintain the work site in a clean and orderly manner. .f. Failure to Complete Work. if any part of the work referred to in this chapter is not completed within the time set forth in the permit, the city may provide written notice to the person performing the work to complete the work within forty-eight hours thereafter. i. If the work is not completed within this time period, the city may cause the work to be performed at the expense of the applicant, including such work as restoring the work area to a safe and passable condition until the work can be completed. Section 2. 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 3. 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. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of January, 2026. osalinda Ibarra, City Clerk. Publication Date: January 10, 2026 Effective Date: February 9, 2026 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10.A. For Meeting of: January 6, 2026 ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 8.72, Excavations in Public Rights -of -Way SUBMITTED BY: Bill Preston, Community Development Director SUMMARY EXPLANATION: The attached ordinance addresses actions for permittees to take when underground facilities are damaged during excavation work. While applicants are required by code to take precautions to avoid damaging or destroying existing facilities, instruction is needed for instances where damage or destruction occurs. The modifications include notification procedures, responsibility to repair in a timely manner and reimbursement of city expenses to repair. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Ordinance clean YMC 8.72.O50_Redline.pdf