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HomeMy WebLinkAbout1990-3243 Permits - excavations ORDINANCE NO. 3243 AN ORDINANCE relating to excavations and obstructions in streets and other public places, establishing differential classification of permits regulating the same; and authorizing fees therefor; 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 Muni- cipal Code is hereby amended to read as follows: "8.72.010 Permit required - Fee. A. Permit Required - Administration of Chapter. (1) It is unlawful for any person, firm or cor- poration 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 111 permit therefor. The issuance 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 neces- sary 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 classifica- tion," and the other to be known as the "non- utility classification." The utility classification shall in- clude all such permits issued to franchise utilities or their subcontractors for such work incidental to instal- lation, 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 applicant for each permit issued pursuant to this chap- ter. Effective March 22, 1990, there are hereby imposed the following permit fees: - 1 - (ord /permit.1) Utility Classification: $50 per hour for the first hour or part thereof 1111 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 $50 per hour or prorated if less than one hour. 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 undermining 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 emergency exists because of unforeseen disruption of utility services located in public right-of-way requires immediate repair to protect life and property. Further, the "additional fee" shall not apply when it can be reasonably determined by the director of engineering and utilities 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 recon- struction of any street, the owners of record of all property abutting on the street and all utility service firms operating pursuant to a city franchise will be notified in advance of commencement of the work so as to allow reasonable time for the installation, adjustment or extension of underground lines and associated struc- tures. (d) Revenue from the additional fee required by this subsection shall be deposited in the street main- tenance account of the street division for general city street maintenance purposes." - 2 - (ord/permit.1) 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 20th day of February , 1990. ‘(`:;) Mayor ATTEST: cimc_ City Clerk Publication Date: 02/23/1990 Effective Date: 03/26/1990 - 3 - (ord/permit.1)