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HomeMy WebLinkAboutORD. NO. 2026-028 amend YMC 8.01 Streets and Sidewalks_violations and penaltiesORDINANCE NO. 2026-028 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 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, 77,80.020, 7,80,030, 7,80,040, 7,80.050, 7,80,060, 7.80,070, 7.80.080, 7.80.0.090, 7, 80.1©0, 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 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 8.01.02.0, 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: „-' " Mitt Brown, Mayor Publication Date: August 6, 2026 Effective Date: September 5, 2026 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: August 3, 2026 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 95