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HomeMy WebLinkAbout1991-3345 Permit fees 3345 ORDINANCE NO. AN ORDINANCE relating to streets and sidewalks; authorizing fees for permits relating to excavations and obstruc- tions in streets and other public places; and amending Section 8.72.010 of the City of Yakima Municipal Code. BE IT ORDAINED BY 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. A. Permit Required - Admin- istration of Chapter. (1) It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine or in any way obstruct or disturb any street, alley, sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or deposit in or upon any 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. The issu- ance of such permits and the administration and enforcement of provisions of this chapter shall be performed by the officer of the director of public works. (2) In case of an emergency arising outside of office hours when an immediate excavation may be necessary for the protection of life and property, it shall be reported to the director of public works on the first working day thereafter. The permit for said work shall be obtained at that time of reporting. (3) Classification. For the above - described purpose of regulating excavations and obstructions by permits, there are hereby established two classifications of permits one to be known as the "utility classification ", and the other to be known as the "non- utility classification ". The utility classification shall include all such permits issued to franchise utilities or their subcontractors for such work incidental to installation, repair, modification, or removal of utility lines or related components. The non - utility classification shall include all other permits issued. B. Fee • (1) Basic Fee. A basic fee shall be paid by the appli- cant for each permit issued pursuant to this chapter. Effec- tive May 1, 1991, there are hereby imposed the following • permit fees: (Ord /Permit) - 1 - y i (a) Utility Classification: $50 per permit for the first hour or part thereof which shall in- clude (1) onsite in- spection and (2) one- half of the Street Inspector's time trav- eling to and from each site. Provided that each hour of inspection after the initial hour shall be charged at $50 per hour or prorated to the nearest one - quarter hour if less than one hour. (b) Non - Utility Classification: $50 per permit (2) Additional Fee. (a) In the event a permit issued pursuant to this chapter allows the digging up, breaking, excavation or under- mining of any city street within a period of five years following its initial construction or following a major reconstruction of its driving surface, then an additional permit fee shall be paid by the applicant, the amount of which additional fee shall be equal to the estimated cost of restoring the street to its original condition prior to the performance of the work for which the permit is issued. The additional fee required by this subsection is separate from, but equivalent to such cost of restoration; and payment of the additional fee does not relieve the permit holder from complying with requirements of this chapter to restore the street to its original condition at the expense of the permit holder. (b) The "additional fee" shall not apply when an emer- gency exists because of unforeseen disruption of utility services which is located in public rights -of -way requiring immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the director of public works that the necessity to dig up, break, excavate, or undermine a newly constructed or reconstructed street within the five -year period could not reasonably have been foreseen. (c) Prior to the new construction or major reconstruc- tion of any street, the owners of record of all property abutting on the street and all utility service firms oper- ating pursuant to a city franchise will be notified in ad- vance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of under- ground lines and associated structures. (d) Revenue from the additional fee required by this subsection shall be deposited in the street maintenance 411 (Ord /Permit) - 2 - account of the street division for general city street main- tenance purposes." Section. 2. This ordinance shall be in full force and effect thirty (30) days after its passage, approval, and publication as provided by law and by City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of March, 1991. QqAt Mayor ATTEST K 2 City Clerk Publication Date • Effective Date ° - /- 6 1 1 • (Ord /Permit) - 3 1