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HomeMy WebLinkAbout1968-994 ORDINANCE NO. / f `7`- AN ORDINANCE relating to and regulating excavations in and obstructions to streets and sidewalks; requiring a permit therefor and specifying conditions for the issuance of such permit; amending Sections 8.72.010, .020, .030, .040, .050, and .060; adding Section 8.72.045 as a new section; and repealing Section 8.72.070, all of the City of Yakima Municipal Code. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Section 8.72.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.010 PERMIT REQUIRED - FEE. It shall be unlawful for any person, firm or corporation to dig up, break, exca- vate; use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thorough- fare or other public place, or fill in, place, leave or deposit in or upon any such public street, highway, alley, thoroughfare, sidewalk or public place any article, material or thing whatsoever tending to obstruct, disturb or interfere with the free use of the same, without first having obtained a permit therefor. All permits issued under the authority of this chapter shall be issued by the Director of Public Works and the charge for same shall be Four Dollars ($4.00) for each permit." Section 2. Section 8.72.020 of the City of Yakima Municipal Code • is hereby amended to read as follows: "8.72.020 PERMIT APPLICATION - CONDITIONS. The Director of Public Works shall grant such permit only upon compliance with the following terms and conditions: The party requesting such permit shall make application therefor . in writing, and if requested so to do by the Dir- ector of Public Works, shall file with the said Director of Public Works a plat showing the location and plan of the work, obstruction or other thing desired to be done or con- structed and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of such work, obstruction or other thing; the said Director of Public Works shall thereupon examine such appli- cation and plat and if he shall approve the same, may issue a permit therefor, which permit shall require the replacing in its former condition, the portion of the street, alley, side- walk, highway or other public place which may be obstructed, disturbed or affected in any way. Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk, or other public place, together with description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion thereof. The acts and works permitted under such permit shall be at all times under the supervision and control of said Dir- ector of Public Works, but at the expense of the party pro- curing such permit, and in case any such place referred to in this chapter is disturbed in any way, the placing thereof in its former condition shall be at all times subject to t''e direction of said Director of Public Works and the same shall be replaced and restored to its former condition within the time by him stated and specified. At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the said Director of Public Works shall, if he deems advisable, have a right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition, and the saidIparty obtaining said permit shall be liable for the expense thereof; Provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction. I Provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition." Section 3. Section 8.72.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.030 NOTICE TO FIRE CHIEF AND DIRECTOR OF PUBLIC WORKS. Before doing any of the acts authorized by the per- mit, written notice thereof must be given to the Chief of the Fire Department, who shall also be notified of the com- pletion of the act or acts allowed under such permit when the public street, alley, sidewalk, highway or other public place affected thereby been Placed in the condition re- quired by this chapter. Immediately upon the completion of 41 ) the act or acts allowed under such permit required by this chapter, written notice thereof shall also be given to the said Director of Public Works. Any delay in giving such written notice after the completion of said work shall render the app- licant for said permit liable for all damages done or suffered by the City of Yakima or any person, firm or corporation, by such delay." Section 4. Section 8.72.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.040 PURPOSE OF PERMIT - BACKFILLING - REPAIR OF SIDEWALK. The Director of Public Works is authorized to grant permits when appropriate to such persons as may apply therefor to use, occupy and obstruct streets, alleys and sidewalks adjacent to a construction project as pro- vided for and limited by the Building Code of the City of Yakima for the purpose of storing building materials. Any work done under a permit authorized by this chapter or the building code, and which work involves excavation through or undermining of, any sidewalk, curb or paving shall have • such excavation backfilled, tamped and settled in such a manner that the sidewalk, curb or paving may be replaced within thirty days following the backfilling, and should said patched sidewalk, curb or paving settle within a period of two years, it shall be repaired again atthe expense of the original permit holder." Section 5. Section 8.72.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.050 BARRICADES - LIGHTS. In the event any public street, alley, sidewalk, highway or other public place shall -2- 7 ti be excavated, undermined, disturbed or obstructed in any manner pursuant to a permit issued under this chapter, the permit holder shall erect and maintain barricades, lights or flares and other warning and control signals and devices in accordance with the rules and regulations adopted by the Director of Public Works pursuant to Section 8.72.045 of this chapter." Section 6. Section 8.72.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.060 BOND - INSURANCE. (a) No permit shall be issued pursuant to this chapter unless the applicant shall file with the Director of Public Works a bond issued by a surety company authorized to do business in the State of Washington, which bond shall be in an amount estimated by the Director of Public Works to be the cost of replacing to its original condition any public street, alley, side- walk, highway or other public place to be disturbed by applicant under the permit applied for, and conditioned that the applicant will immediately on completing Mork under the permit replace to its original condition any portion of any public street, alley, sidewalk, highway or other public place disturbed or affected by the appli- cant under the permit applied for, and that applicant shall correct any defects which occur within two years after the completion of any such replacement work. Provided, that cash or certified check may be deposited with the City by applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the City subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the expiration of 2 years from the completion of all work performed under the permit. (b) No permit shall be issued pursuant to this chapter unless applicant shall furnish to the Director of Public Works a policy or certificate of public liability and pro- perty damage insurance covering the operations of applicant under the permit applied for in an amount not less than One Hundred Thousand Dollars ($100,000.00) for each person and Three Hundred Thousand Dollars ($300,000.00) for each incident for personal injury, and Fifty Thousand Dollars ($50,000.00) for property damage for each incident of liability, naming the City of Yakima as an additional in- sured in such policy which shall provide that the same shall not be cancelled without ten (10) days written notice being given by the insurance company to the Director of Public Works . " Section 7. There is hereby added a new section to the City of Yakima Municipal Code to be numbered Section 8.72.045 which shall read as follows: • "8.72.045 BARRICADING - RULES AND REGULATIONS. The Director of Public Works is hereby authorized and directed to adopt written rules and regulations requiring the erection and maintenance of barricades, lights or flares and other warning and control signals and devices for the safe movement of traffic through and around street construction and mainten- ance work which will require any excavating or undermining, or other disturbance of or obstruction to, any public street, alley, sidewalk, highway or other public place, for which construction or maintenance work a permit is required by the provisions of this chapter. Such rules and regulations -3- a • may be repealed, amended or supplemented from time to time as deemed necessary or desirable by the Director of Public Works. When any permit is issued pursuant to this chapter, the Director of Public Works shall furnish a copy of the then current rules and regulations to the person, firm or corporation to whom such permit is issued." • Section 8. Section 8.72.070 of the City of Yakima Municipal Code is hereby repealed in its entirety. - Section 9. This ordinance shall be in full force and effect thirty 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 22nd day of January, 1968. r` } Mayor ATTEST : City Clerk