HomeMy WebLinkAbout08/03/2026 07.F. Ordinance amend YMC 8.01 Streets and Sidewalks_violations and penalties S 'V i'ii
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.F.
For Meeting of: August 3, 2026
ITEM TITLE: Ordinance amending Yakima Municipal Code Title 8 Streets and
Sidewalks relating to violations and penalties
SUBMITTED BY: Bill Preston, Community Development Director
*Robert Washabaugh, City Engineer
SUMMARY EXPLANATION:
PROPOSAL: The attached ordinance proposes the authority to issue civil infractions. This enforcement
tool is better suited for addressing work being done in the right-of-way without an issued permit, which
continues to be an issue. The civil infraction of$250 is the maximum allowed penalty under RCW
7.80.120. The court would collect other statutory assessments, bringing the penalty imposed on the
responsible party closer to $500.
The attached ordinance retains the option to assess a civil penalty of$500 when a notice of violation and
correction has been issued and the time period for correction has lapsed. An example of using this
enforcement method would be when work is being done contrary to the conditions of the permit that was
issued, the permit holder was notified of the need to correct, a time period was given to make the
correction and the permit holder did not make the correction. Under the proposed language, the
Community Development Director or designee determines the time period for correction depending on
the nature of the violation. This allows public health and safety to be considered when determining the
timeframe for correction.
BACKGROUND: Chapter 8.01 General Provisions was last updated around March of 2025, at which
time the language for penalties and violations in Title 8 Streets and Sidewalks was consolidated into
Chapter 8.01. The ordinance also changed the reviewing authority for right-of-way use permits from the
Code Administration to the Engineering Division, while maintaining the ability for the Code Administration
to be in charge of enforcement at the delegation of the Community Development Director.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ordinance_YMC Title 8 Violations & Penalties.docx
Track Changes_Chapter 8.01 Violations.pdf
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ORDINANCE NO. 2026-
AN ORDINANCE amending the City of Yakima Municipal Code Chapters 8.01, 8.20, and
8.72 relating to penalties and violations for work in the public right-of-way
WHEREAS, the City Council previously adopted Ordinance No. 2025-009, consolidating
the penalties and violations language for Title 8 Streets and Sidewalks into Chapter 8.01; and
WHEREAS, the current code authorizes a civil penalty fee to be assessed per violation
and per day while the violation remains, if there is a violation of Title 8 that is not corrected within
the time period specified; and
WHEREAS, there are situations in which providing a time period of correction is not
applicable, such as when work has already been completed without an issued permit, which is a
recurring issue; and
WHEREAS, the ability to issue civil infractions is a necessary enforcement tool; now,
therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.01: General Provisions under Title 8 Streets and Sidewalks, of
the Yakima Municipal Code is hereby renamed to Violations and Penalties.
Section 2. Section 8.01.010: Authority to issue Notice of Violation under Chapter 8.01
General Provisions, is hereby amended to read as follows:
8.01.010 Authority to issue Notice of Violation.
A. General—Authority of City. Whenever the community development director or their
designee determines a violation of any of the provisions of Title 8 exists, the city may 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 and Correction—Effect of Violation—Appeals.
The notice of violation shall include the scope of the 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 or sent by certified and regular mail addressed to the last known address
of 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
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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) The time period for correction shall be dependent on the nature of the violation
and as determined by the community development director or their designee.
(3) 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 delivered personally, or sent by
certified and regular mail addressed to the last known address of each person
determined to be responsible for such violation.
(4) 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.
(5) 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 Chapter 16.08 YMC.
Section 3. Section 8.01.020: Authority to issue civil infraction under Chapter 8.01
General Provisions, is hereby amended to read as follows:
8.01.020. Authority to issue civil infraction.
The community development director or their designee shall hereby have the authority to
issue a civil infraction on behalf of the city for violations of the Yakima Municipal Code that
shall be punishable pursuant to this title.
(A) Chapter 7.80 RCW sections adopted by reference.
The following sections of the Revised Code of Washington ("RCW"), as now or
hereafter amended, are hereby adopted by reference as part of this title in all
respects as though such sections were set forth herein in full:
RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060,
7.80.070, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130,
and 7.80.160.
(B) Monetary penalty.
Unless otherwise specifically provided in connection with particular sections,
chapters, or titles of the City code, violations of this chapter shall be Class 1 civil
violations and shall carry a maximum penalty of$250.00 per offense, not
including statutory assessments. Each and every calendar day during any portion
of which any violation of this chapter is committed, continued or permitted by any
such person shall constitute a separate offense.
(C) Enforcement officer defined.
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For purposes of this title and RCW 7.80.040, as now or hereafter amended,
"enforcement officer" shall include the community development director, or their
designee.
Section 4. Section 8.20.120: Penalty for violation—Each day a separate offense under
Chapter 8.20 Right-of-Way Use Permits, is hereby amended to read as follows:
8.20.120 Penalty for violation—Each day a separate offense.
Violations of this chapter shall follow the procedures found in YMC Chapter 8.01. Work
commenced without a permit may be cause for issuance of a civil infraction per YMC
8.01.020.
Section 5. Section 8.72.080: Violations-Penalties-Appeals under Chapter 8.72
Excavations in Public Rights-of-Way, is hereby 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. Work
commenced without a permit may be cause for issuance of a civil infraction per YMC
8.01.020.
Section 6. 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 7. 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 3rd day of August, 2026.
ATTEST: Matt Brown, Mayor
Rosalinda Ibarra, CMC, City Clerk
Publication Date:
Effective Date:
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Chapter 8.01
Violations and Penalties
Sections:
8.01.010 Violation—Penalties.Authority to issue Notice of Violation.
8.01.020 Authority to issue civil infraction.
8.01.010 .Authority to issue Notice of Violation.
A. General—Authority of City. Whenever the city community development director or
theirhis or her designee finds probable cause to believedetermines a violation of any of the
provisions of Title 8 exists, the city shall may 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 and Correction—Effect of Violation—Appeals.The
notice of violation shall include city shall notify any person found to be in violation of this
title of the scope of the 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 or;sent by certified and regular mail addressed to the last known address;
faxed or emailed to of 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)The time period for correction shall be dependent on the nature of the violation
and as determined by the community development director or their designee.
(32) 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
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five hundred dollars per violation for each day the violation remains uncorrected.
Written notice of the assessed penalty fee shall be delivered personally, or sent by
certified and regular mail addressed to the last known address of hand-delivered,
faxed or emailed to each person determined to be responsible for such violation.
(49) 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.
(5 ) 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 Chapter 16.08 YMC. (Ord. 2025-009§ 1, 2025; Ord. 1533 § 1, 1973).
8.01.020.Authority to issue civil infraction.
The community development director or their designee shall hereby have the authority to
issue a civil infraction on behalf of the city for violations of the Yakima Municipal Code that
shall be punishable pursuant to this title.
(A) Chapter 7.80 RCW sections adopted by reference.
The following sections of the Revised Code of Washington ("RCW"), as now or
hereafter amended, are hereby adopted by reference as part of this title in all
respects as though such sections were set forth herein in full:
RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060,
7.80.070, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160.
(B) Monetary penalty.
Unless otherwise specifically provided in connection with particular sections,
chapters, or titles of the City code,violations of this chapter shall be Class 1 civil
violations and shall carry a maximum penalty of$250.00 per offense, not including
statutory assessments. Each and every calendar day during any portion of which
any violation of this chapter is committed, continued or permitted by any such
person shall constitute a separate offense.
(C) Enforcement officer defined.
For purposes of this title and RCW 7.80.040, as now or hereafter amended,
"enforcement officer" shall include the community development director, or
theirhis or her designee.
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8.20.120 Penalty for violation—Each day a separate offense.
Violations of this chapter shall follow the procedures found in YMC Chapter 8.01 0. Work
commenced without a permit may be cause for issuance of a civil infraction per YMC 8.01.020.
8.72.080 Violations—Penalties—Appeals.
Violations to this chapter shall follow the procedures found in YMC Chapter 8.010-19. Work
commenced without a permit may be cause for issuance of a civil infraction per YMC 8.01.020.
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