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Home My WebLink About2007-006 Trees, Shrubs, Streets, Sidewalks; YMC Repeal ORDINANCE NO. 2007 - 06 AN ORDINANCE relating to Trees and Shrubs, Streets and Sidewalks, repealing sections 8 80 010; 8 80 020; 8 80 030; 8 80 040; 8 80 050; 8 80 060; 8.80 070 of the City of Yakima Municipal Code in their entirety; and amending section 8 80 080 of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 8 80 010 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. way. Section 2. Section 8 80 020 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. «., •••- -t. - - 1 - .. Ordinance to Amend YMC 8.80, Trees and Shrubs Page 1 of 4 •- . f rope 'J " Section 3. Section 8 80 030 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. ff 1 • -- - u Section 4. Section 8 80 040 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. - _- -- - •_ - _ _ -- - __ - - - -- e, - - * = • - - e _ 1 engineef:" Ordinance to Amend YMC 8.80, Trees and Shrubs Page 2 of 4 Section 5. Section 8 80 050 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. e. . -. -- -..,. „ Section 6. Section 8 80 060 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. ii �. . -.... . Section 7. Section 8 80 070 of the City of Yakima Municipal Code is hereby repealed in its entirety as follows. {i _ • • n Section 8. Section 8 80 080 of the City of Yakima Municipal is hereby amended to read as follows "8.80.080 Summary removal of hazardous vegetation from public right -of -way the The Director of Public Works is authorized to trim or remove any shrub, tree, plant or other vegetation which grows or has grown and died within, along or above any public street, alley or sidewalk in such a manner so as to actually or potentially obscure any traffic - control sign or signal or so as to otherwise constitute an actual or potential hazard to persons on such public street, alley or sidewalk. Such trimming or removal is authorized without the necessity for prior Ordinance to Amend YMC 8.80, Trees and Shrubs Page 3 of 4 notice to the owner or occupant of property adjacent to such public street, alley or sidewalk on which such shrub, tree, plant or other vegetation is growing or has grown, provided, such trimming or removal shall be performed only to the extent deemed necessary by the Director of Public Works to abate an actual or potential traffic- control sign or signal obstruction or other actual or potential hazard to persons on such public street, alley or sidewalk; and provided further, the cost of trimming and removal work performed pursuant to the authority of this section, -- • -• .. -- - _. ... . s.:...-e, s......, _ _._.. •, shall not be charged to the owner of, nor constitute a lien against, the property on which any such shrub, tree, plant or other vegetation grows or has grown and died." Section 9. Effective Date This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20th day of February, 2007 AIL David Edler, Mayor ATTEST A s2-1,trxo-L, Oritk City Clerk Publication Date. 2/23/07 Effective Date. 3/25/07 Ordinance to Amend YMC 8.80, Trees and Shrubs Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No l` I 9- For Meeting Of February 20, 2007 ITEM TITLE- Consideration of Ordinances amending the Yakima Municipal Code regarding the authority to enforce vanous provisions related to Streets and Sidewalks, including. (a) Driveway Approaches and Curb Cuts, amending section 8 64 of the Yakima Municipal Code, (b) Excavations and Obstructions, amending section 8 72 of the Yakima Municipal Code, (c) Trees and Shrubs, amending section 8 80 of the Yakima Municipal Code SUBMITTED BY Chris Waarvick, Director of Public Works William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE- Jeff Cutter, Sr Assistant City Attorney SUMMARY EXPLANATION The following three ordinance amendments transfer the authority for several programs from the Department of Public Works to the Department of Community and Economic Development. In part, these three ordinances represent "house - cleaning" measures. In 2002 the Street Break, Curb - cut, and excavation permit programs and staff (1 FTE) was transferred from Public Works to Community and Economic Development. However, the Municipal Code has not yet been updated to reflect the administrative authority These programs are authorized in Yakima Municipal Code Sections 8 64 and 8 72 (items "a" and "b ") The purpose of this programmatic and staff change was to streamline the process for citizens doing business with the city, as well as utilize the staff person in the Engineering Division for inspections and coordination with city projects. (Continued) Resolution Ordinances X (3) Contract Other (Specify Funding Source None necessary APPROVAL FOR SUBMITTAL . . t City Manager STAFF RECOMMENDATION Approve the three Ordinance Amendments BOARD RECOMMENDATION The Council Transportation Planning Committee reviewed these ordinances in concept on January 12, 2007 and endorsed the transfer of administrative authonty from the Departments of Public Works to Community and Economic Development. COUNCIL ACTION SUMMARY EXPLANATION (Continued from Page 1) The third ordinance (item "c ") would eliminate the redundant intersection clearview triangle now regulated by Yakima Municipal Code Section 8 80, Trees and Shrubs. Two conflicting intersection clear -view triangles now exist within the Municipal Code. These redundant and conflicting provisions of the Municipal Code have created confusion and staff over -lap on many occasions. The Yakima Urban Area Zoning Ordinance 15 05 040 Vision Clearance has broad authority for prohibiting obstructions at street intersections created by buildings, walls, fences, signs and vegetation. The provisions of the Zoning Ordinance should be the sole regulation for intersection clearviews. Proposed zoning amendments in 2007 may modify the existing 80' by 80' clearview area. One last item not included for action at this time is the sidewalk repair program authorized in Yakima Municipal Code 8 76, and the supporting cost sharing program, (sometimes called the "50/50 Program) is currently listed under the Director of Public Works. Administration of this program is actually shared between the Community Development and Public Works Departments resulting in a cumbersome process. Staff has been discussing transferring the program to the Department of Community and Economic Development, in which the Engineering Division and the Neighborhood Service Divisions could work collaboratively on various sidewalk repair options No decision has yet been arrived at concerning this transfer of program authority The Council Transportation Planning Committee requested that the ordinance be amended to devolve the "final notice" appeal provision to the Committee Review Board or a sub - committee of Council. This issue is still under legal review