HomeMy WebLinkAbout1983-2719 REQUIRING A PERMIT TO EXCAVATE OR OBSTRUCT A PUBLIC STREET OR SIDEWALK, FIXING PERMIT FEES ORDINANCE NO. 2719
AN ORDINANCE relating to streets and sidewalks; requiring a
permit to excavate or obstruct a public street
or sidewalk; fixing permit fees; and amending
Section 8.72.010 of the City of Yakima Municipal
Code.
411" 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 -- Administration of Chapter.
(1) It shall be 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
4110 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 ob-
tained a permit therefore. The issuance of such permits
and the administration and enforcement of provisions of
this chapter shall be performed by the office of the
Director of Engineering and Utilities.
(2) In case of an emergency arising outside of
office hours when an immediate excavation may be nec-
essary 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.
B. Fee.
(1) Basic Fee. A basic fee of $25.00 shall be paid
by the applicant for each permit issued pursuant to this
chapter.
4111 (2) Additional Fee.
(a) In the event a permit issued pursuant to this
chapter allows the digging up, breaking, excavating 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 orig-
inal condition prior to the performance of the work for
which the permit is issued. The additional fee required
by this sub section is separate from, but equivalent to
4110 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 an 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
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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, adjust-
ment or extension of underground lines and associated
structures. •
(d) Revenue from the additional fee required by
this sub section shall be deposited in the street
maintenance account of the street division for general
City street maintenance purposes."
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 11th'
4110
day of October ,- 1983.
.• 1,wvv\A)e,P.cte_P
Mayor
ATTEST:
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/
City Clerk
Publication Date 10-13-83
Effective Date 11-13-83
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