HomeMy WebLinkAbout1990-3322 Streets and sidewalks ORDINANCE NO. b 32
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 engineering and utilities.
(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 engineering and utilities 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 February 1, 1991, there are hereby imposed the following
permit fees:
(Ord /Permit)
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Utility Classification: $75 per hour for the first hour
or part thereof during onsite
inspection and (2) one -half of
the Street Inspector's time
traveling to and from each site.
Provided that each hour of
inspection after the initial
hour shall be charged at $75 per
hour or prorated if less than
one hour.
Non - Utility Classification: $75 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 located in public right -of -way requires immediate
repair to protect life and property. Further, the "addition-
al fee" shall not apply when it can be reasonably determined
by the director of engineering and utilities that the neces-
sity to dig up, break, excavate, or undermine a newly con-
structed 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
account of the street division for general city street main-
tenance purposes."
411
(Ord /Permit)
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6
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
1 day of DQCQ Y bQr , 1990.
Qat
Mayor
ATTEST
City Clerk
Publication Date: ) - a )- 9 )
Effective Date - C/
(Ord /Permit)
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