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HomeMy WebLinkAbout1974-1672 USE OF PUBLIC RIGHT-OF-WAY WITHOUT PERMIT PROHIBITED. ORDINANCE NO. /4,72, AN ORDINANCE relating to streets and sidewalks; prohibiting the use of public right-of-way for private purposes without obtaining a permit therefor; providing for the appli- cation, issuance and revocation of such permits; pro- , viding a penalty for violations; and enacting Chapter 8.20, "Right-of-way Use Permits", as a new chapter of 111 the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 8.20, "Right-of-way Use Permits", is hereby enacted as a new chapter of the City of Yakima Municipal Code which chapter, and its various sections, shall read as follows: "Chapter 8.20 Right-of-way Use Permits 8.20.010 Use ofpublic right-of-way without permit pro- hibited. It shall be unlawful for any person to use any public right-of-way for private purposes 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. 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, alleys, sidewalks, planting strips, and other public squares, places and rights- of-way open to the use of the public including the space above and beneath the surface of such public rights-of-way. 3. "Use" means to construct, erect or maintain in, upon, over or under any public right-of-way any structure for the private use of the adjoining property owner or occupant. 1 1 1 8.20.030 Amslication for 'emit-Fee. A. Applications for permits to be issued pursuant to this chapter shall be filed with the Chief of Code Administration upon a form supplied by him, and shall be 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 light and traffic signal poles, street furniture and similar features of the area. 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 pur- suant 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 other- wise administer the provisions of this chapter. B. All applications shall be accompanied by an applica- tion fee of Ten Dollars ($10.00), which fee shall not be refunded to the applicant regardless of whether or not the application is granted. 8.20.040 Processing of application. The Chief of Code Administration shall examine each application for compliance with requirements of this chapter and for compliance with any applicable provisions of the City's Building Code and shall endorse his findings on the application form and transmit it to the City Clerk for consideration by the City Council. 8.20.050 Grant or denial of permit. Upon consideration by the City Council o t e app ication or a permit, the Council shall, by motion, approve or deny the application. Upon approval by the Council of an application, the Chief of Code Administra- tion shall issue the permit upon applicant's compliance with requirements of Section 8.20.060 of this chapter. 8.20.060 Liability insurance required. Prior to the issuance of any permit pursuant to this chapter, applicant shall file with the Chief of Code Administration Evidence of comprehensive public liability insurance, with limits of not less than One Hundred Thousand Dollars ($100,000) for each incident of personal injury or death, Three Hundred Thousand Dollars ($300,000) aggregate coverage for any single accident or occurrence and Fifty Thousand Dollars ($50,000) property damage coverage, with the City of Yakima named as an insured party, insuring against liability from injury or damage result- ing from applicant's occupancy of or activities on public right- of -way under the permit to be issued, which insurance shall be maintained in effect during the term of the permit. 8.20.070 Term of permit -- Renewal. Permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be subject to renewal annually on application therefor, and on payment of an application fee, as .provided by this chapter for application and issuance of an original permit; provided, permits granted prior to and • in existence on the effective date`of the enactment of 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. -2- 8.20.080 Revocation of permits. No permit granted pur- suant to this chapter shall vest any permanent right in the permit holder; and any such permit may be revoked by resolu- tion or motion of the City Council, followed by notice to the permit holder given by the Chief of Code Administration 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 per- mit holder at its address specified in the application provided, in the event the City Council 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 revoked by resolution'or motion of the City Council, such revocation to be immediately effective on written notice delivered to the permit holder in person or by mail as provided by this section. 8.20.090 Discontinuance of use on termination or revoca- tion of permit. Upon the termination, unless renewed, or revocation of any permit issued pursuant to this chapter, the person to whom that permit was originally issued shall forth- with 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 any such structure or obstruction is not so removed, the Chief of Code Administration 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. 8.20.100 Permit not transferrable. The privilege to use public right -of -way granted by any permit issued pursuant to this chapter shall be a personal privilege of the person to whom the permit is issued, and no such permit shall be transferrable without the consent of the Yakima City Council first being obtained. Any attempted transfer of any such per- mit without City Council approval shall automatically render the permit null and void. 8.20.110 Safety and building code compliance. All work performed by the authority of a permit issued pursuant to this chapter shall be accomplished in compliance with all applicable city building codes and other city ordinances, and with the Washington Industrial Safety and Health Act, and shall be diligently pursued so as to cause the least possible inconvenience to the public. 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 ($250) or by imprisonment in the City Jail faci- lity 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 separate offense of this section." -3- a: Section 2. 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 /add day of - , 1.974. r # Mayor ATEST: • - 0.- C t 'Clerk • -4-