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HomeMy WebLinkAbout2007-005 Excavations, Obstructions, Streets, Sidewalks; YMC Amendment ORDINANCE NO 2007 - 05 AN ORDINANCE relating to Excavations and Obstructions, Streets and Sidewalks, and amending sections 8 72.010; 8 72.020; 8 72.045, 8 72.050, and 8 72.060 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 — Administration 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 therefore. 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 folic -Works Community and Economic Development or designee. (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 Community and Economic Development or designee on the first working day thereafter The permit for said work shall be obtained at the time of reporting. (3) Classification For the above - described purpose of regulating excavations and obstructions by permits, there are 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 applicant for each permit issued pursuant to this chapter Effective May 1, 1991, there are imposed the following permit fees (a) Utility Classification. Fifty dollars per permit for the first hour or part thereof which shall include (1) 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 fifty dollars per hour or prorated to the nearest one - quarter hour if less than one hour Ordinance to Amend YMC 8.72, Excavations and Obstructions Page 1 of 4 (b) Non- utility Classification. Fifty dollars 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 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 reconstruction 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 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 maintenance purposes." Section 2. Section 8.72.020 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.72.020 Permit application -- Conditions. The director of Public-Works Community and Economic Development or designee shall grant such permit only upon compliance with the following terms and conditions. The party requesting such permit shall make application therefore in writing, and if requested so to do by the director of Publis -Works Community and Economic Development or designee, shall file with the director of RIztblis -Works Community and Economic Development or designee a plat showing the location and plan of the work, obstruction or other thing desired to be done or constructed and the street, alley, sidewalk or public place to be so obstructed, together with a full description of the nature of such work, obstruction or other thing, the director of Public Works Community and Economic Development or designee shall thereupon examine such application and plat and if he shall approve the same, may issue a permit therefore, which permit shall require the replacing in its former condition, the portion of the street, alley, sidewalk, highway or other public place which may be obstructed, disturbed or affected in any way Such permit shall specify the location of the street, sidewalk, alley, pavement or public place in front of, through, under, on or near which such acts are to be performed or done, and the name of the street, alley, sidewalk or other public place, together with description of the proposed work or acts to be done under such permits, and the length of time allowed for the completion thereof The acts and works permitted under such permit shall be at all times under the supervision and control of the director of Public Works Community and Economic Development or designee, but at the expense of the party procuring such permit, and in Ordinance to Amend YMC 8.72, Excavations and Obstructions Page 2 of 4 case any such place referred to in this chapter is disturbed in any way, the placing thereof in its former condition shall be at all times subject to the direction of the director of Public eg% Community and Economic Development or designee and the same shall be replaced and restored to its former condition within the time by him stated and specified At the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the director of Pub lic Works Community and Economic Development or designee shall, if he deems advisable, have a right to do all work and things necessary to restore such street, alley, sidewalk or public place to its original and proper condition, and the party obtaining said permit shall be liable for the expense thereof Provided, that the city shall have a cause of action for all of its expenses and amounts paid out upon said work to be collected in a civil action in any court of competent jurisdiction. Provided further, that nothing herein stated shall affect in any way the duty of the one acting under such permit to guarantee and maintain the area disturbed for two years after returning it to its original condition." Section 3. Section 8 72.045 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.72.045 Barricading - -Rules and regulations. The director of Public -Works Community and Economic Development or designee is authorized and directed to adopt written rules and regulations requiring the erection and maintenance of barricades, lights or flares and other warning and control signals and devices for the safe movement of traffic through and around street construction and maintenance work which will require any excavating or undermining, or other disturbance of or obstruction to, any public street, alley, sidewalk, highway or other public place, for which construction or maintenance work a permit is required by the provisions of this chapter Such rules and regulations may be repealed, amended or supplemented from time to time as deemed necessary or desirable by the director of Public Wo*ka Community and Economic Development or designee When any permit is issued pursuant to this chapter, the director of public works shall furnish a copy of the then current rules and regulations to the person, firm or corporation to whom such permit is issued." Section 4. Section 8.72.050 of the City of Yakima Municipal is hereby amended to read as follows. "8.72.050 Barricades—Lights. In the event any public street, alley, sidewalk, highway or other public place shall be excavated, undermined, disturbed or obstructed in any manner pursuant to a permit issued under this chapter, the permit holder shall erect and maintain barricades, lights or flares and other warning and control signals and devices in accordance with the rules and regulations adopted by the director of Pulalis -Works Community and Economic Development or designee pursuant to YMC 8 72.045 " Section 5. Section 8 72.060 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.72.060 Bond—Insurance. (a) No permit shall be issued pursuant to this chapter unless the applicant files with the director Public Works Community and Economic Development or designee a bond Ordinance to Amend YMC 8.72, Excavations and Obstructions Page 3 of 4 issued by a surety company authorized to do business in the state of Washington, which bond shall be in an amount estimated by the director of Pula lis -Works Community and Economic Development or designee to be the cost of replacing to its original condition any public street, alley, sidewalk, highway or other public place to be disturbed by applicant under the permit applied for, and conditioned that the applicant will immediately on completing work under the permit replace to its original condition any portion of any public street, alley, sidewalk, highway or other public place disturbed or affected by the applicant under the permit applied for, and that applicant shall correct any defects which occur within two years after the completion of any such replacement work; provided, that cash or certified check may be deposited with the city by applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the city subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the expiration of two years from the completion of all work performed under the permit. (b) No permit shall be issued pursuant to this chapter unless applicant shall furnish to the director of Public Works Community and Economic Development or designee a policy or certificate of public liability and property damage insurance covering the operations of applicant under the permit applied for in an amount not less than one hundred thousand dollars for each person and three hundred thousand dollars for each incident for personal injury, and fifty thousand dollars for property damage for each incident of liability, naming the city of Yakima as an additional insured in such policy which shall provide that the same shall not be cancelled without ten days' written notice being given by the insurance company to the director of Public WoFkc Community and Economic Development or designee " Section 6. 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 David Edler, Mayor ATTEST City Clerk Publication Date. 2/23/07 Effective Date. 3/25/07 Ordinance to Amend YMC 8.72, Excavations and Obstructions Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No /` I L i - For Meeting Of February 20, 2007 ITEM TITLE Consideration of Ordinances amending the Yakima Municipal Code regarding the authority to enforce various 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 72, /,/ 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 authority 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 transfemng 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 amved 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