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HomeMy WebLinkAbout2005-071 Cleaning & Maintaining Sidewalks / Right-of-Ways A. ORDINANCE NO 2005- 71 AN ORDINANCE relating to cleaning and maintenance of sidewalks and right -of- ways within the city; establishing a specific duty upon the abutting property owner to remove debris, vegetation, leaves and any other obstructive materials that may accumulate on the abutting sidewalk and /or right -of -way; establishing a civil penalty for failure to comply with this requirement; and adding a new section 8 76 025 to Chapter 8 76 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 8 76 025 is hereby added as a new section to Chapter 8 76 of the City of Yakima Municipal Code and shall read as follows "8.76.025 Cleaning and maintenance of sidewalks and right -of -ways. Whenever any street, lane, square, place or alley in the City shall have been improved by the construction of a sidewalk, and upon city right -of -ways, to include any part of the right -of -way Tying between the curb line of the street, or if there is no curb line, then between the adjacent edge of the traveled portion of the street and abutting property line, the duty, burden and expense of the maintenance and cleaning of abutting sidewalk surfaces and said right -of -ways (including the removal of litter, leaves, weeds and other debris) belongs to the owner or occupant of the private property directly abutting on the sidewalk and /or right -of -way described herein This duty includes maintaining a clear path of travel, unobstructed by over - hanging vegetation, for the entire width and up to and including seven feet above any abutting sidewalk surfaces Provided, said maintenance, cleaning, weed and debris removal shall not result in litter, leaves and /or refuse (or any other material removed from the sidewalk and right -of -way areas as described heretofore) being dumped, deposited or discharged onto any other part of the city streets or right -of -ways It shall be unlawful for any owner or occupant to fail to maintain and clean such abutting sidewalk and /or right -of -way pursuant to the duties created above A violation of this section shall be a civil infraction subject to a maximum penalty of $250 00 per violation Each day in which any violation shall continue shall be deemed a separate offense " (jc) ord /sidewalk cleaning /page 1 of 2 Section 2 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, signed and approved this 6 day of December ,2005 6 ATTEST Paul P George, Mayor City Clerk Publication Date 12 -9 -2005 Effective Date 1 -8 -2006 (j c)ord /sidewalk cleaning /page 2 oft BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 c,� 1 For Meeting of December 6, 2005 ITEM TITLE. Legislation amending the Yakima Municipal Code (YMC) relating to Sidewalks: A. Cleaning and Maintaining Sidewalks and Rights -of -Way free of weeds, litter, and debris (enacting YMC 8 76.025) B Sidewalk Construction and Repair (amending YMC 8.76 040, 8.76.050, 8 756.060 and enacting 8.76.056) C. Duty of Property Owner or Occupant for Sidewalk Snow Removal (amending YMC 8.88 020 Snow and Ice Removal) SUBMITTED BY Chris Waarvick, Director of Public Works Jeff Cutter, Assistant City Attomey CONTACT PERSON/TELEPHONE. Shelley Willson/575 6005 Joan Davenport/575.6005 SUMMARY EXPLANATION: The City of Yakima has received comment related to the condition of the rights -of -way and sidewalks. Concerns were raised not only due to the appearance of these areas, but also out of safety and mobility concerns, especially for those individuals covered under the Americans with Disabilities Act. Council requested that staff members review ordinances and outline a program that would be responsive to the needs of citizens. A staff report was presented to the City Council Transportation Sub - Committee during their October 20, 2005 meeting. The Council Subcommittee (Council Members Place, McClure, and Edler) requested that a report with legislative solutions be brought to the full City Council for deliberation and action. This report details the revisions and new additions to the YMC A. Addition YMC 8.76.025 — Cleaning and maintenance of sidewalks and right -of- ways establishes property owner responsibility to maintain sidewalks and right -of- ways dean and free of weeds, litter and debris. B Amendment of YMC 8.76 040, 8.76.050, 8.76.060 and Addition of 8.76 065 — Sidewalk construction and repair authorizes the Director of Public Works to (Continued on next page) Resolution_Ordinances X Other Staff Report, Transportation Sub - Committee Report Contract Mail to (name and address) Phone: Funding Source: None Necessary APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION: Staff recommends City Council approve all Ordinances Amendments and Additions as contained in this report. BOARD /COMMISSION RECOMMENDATION: Transportation Sub - Committee of the City Council requested revisions and/or additions to the YMC to address areas noted. COUNCIL ACTION: (A) Ordinance passed. ORDINANCE NO. 2005-71 (B) Amended Ordinance passed. ORDINANCE NO 2005 -72 (C) Ordinance passed. ORDINANCE NO. 2005-73 Sidewalk Agenda Item December 5, 2005 Page two determine when sidewalks are in need of repair and to issue the final notice to the property owner, including the authority to lien a property for the cost of repairs The existing YMC sections require Council determination through a formal, legislative resolution. C Amendment YMC 8 88 020- Duty of owner or occupant to remove snow from sidewalks — amends YMC to prohibit placing snow and ice from private property onto public streets, sidewalks or rights -of -way The amendment removes the section stating that responsibility of the property owner or occupant is removed when public snow removal operations place the snow on the sidewalk. Enforcement authority of Items A and C currently would fall under the Police Department. It is the intent of the Code Enforcement Division to request the authorization for the power to issue infraction citations for items such as these and litter abatement. The revisions presented today for the YMC are written to be in line with the enforcement of civil matters that are currently under development. Staff Report Revisions to Yakima Municipal Code Pertaining to Right -of Way and Sidewalk Maintenance TO Honorable Mayor and Members of the City Council Dick Zais, City Manager FROM Shelley Willson, Street and Traffic Operations Manager Joan Davenport, Supervising Traffic Engineer DATE. December 6, 2005 SUBJECT Amendments and Revisions of YMC Related to the Maintenance and Operation of Sidewalks and Rights -of -Way The condition of the street rights -of -way impacts not only the appearance of the City of Yakima, but may result in safety hazards, especially for those individuals covered under the Americans with Disabilities Act. During public meetings with citizens regarding the update of the Comprehensive Plan Transportation Element, it became evident that existing sections of the Yakima Municipal Code were not adequate to deal with maintaining the condition of public rights -of -way and sidewalks. City Council members requested that staff members review ordinances from other agencies within Washington to outline a program that will be responsive to the needs of the citizens of Yakima On October 20, 2005, the City Council Transportation Sub- Committee met to discuss the sidewalk and rights -of -way issues (A copy of that Packet is included for council reference) The Council Sub - committee requested revisions and /or additions to the Yakima Municipal Code to address the following areas A. Cleaning and Maintenance of Sidewalks and Rights -of -Way - Addition YMC 8.76.025 Section 8 76 025 is an addition to the existing Yakima Municipal Code This section deals with weeds, litter and debris on sidewalks and rights -of -way The existing YMC only addresses these areas when there is a sight obstruction, such as a Clearview violation or a fire hazard. It does not clearly state that these areas are to be kept clean of litter and weeds The new section defines private property owners' responsibility to take care of the rights -of -way adjacent to their property, excluding the street and alley travel surfaces. This will improve the over all appearance of the city and provide a safer walking environment for citizens. B. Maintenance and Repair of Existing Sidewalks and Public Areas — Amendment of YMC 8.76.040, 8.76.050, 8.76.060 and addition YMC 8.76.065 Yakima Municipal Code Section 8 76 states that adjacent property owners are responsible for the repair of sidewalks adjacent to their property The process for notifying property owners required a resolution of the City Council prior to notification The attached amendment to YMC 8 76 provides the Public Works Director with the authority to identify areas where sidewalk repair, replacement or installation is required; to issue the property preliminary; and final notices to property owners and establishes an appeal of the final notice to the City Council. The amendments to this Section of the YMC are consistent with revisions the City Council requested for the processing of Intersection Clearview violations in 2005 Council's preference was to have staff members to administratively handle the process to the point of a citizen appeal The 50/50 Sidewalk Program is available to property owners to offset the expense of repairs /reconstruction of existing sidewalks The notification letters will inform property owners that there are funds available on a "first come — first served" basis as a city contribution toward the cost of the repairs We will also work with the Office of Neighborhood Development Services to provide information to citizens for assistance that may be provided through their services. Sidewalk tripping hazards result in physical injuries to citizens each year and are considered obstacles under the American with Disabilities Act. Active enforcement of the existing Municipal Code is "responsible actions" by the City of Yakima to address these hazards for the citizens that may only have the option of walking or using their wheel chair for public access C. Snow and Ice On Public Rights -of -Way — Amendment of YMC 8.88.020 The amendment also clarifies that vacant lots are required to follow the requirements of Section 8 88 The term "premises" led some to believe that this ordinance did not apply to vacant lots or buildings The term "property" should clarify the intent of this YMC to maintain a safe and accessible pedestrian system The amendment also deletes the section of the existing code removing the responsibility for removal if the accumulation of snow and ice is the "result of public snow removal operations " It is not reasonable to expect the City to maintain the forces necessary to clear the 197 8 miles of sidewalks in the city's system Individuals should be instructed to move snow and ice back away from the city streets and sidewalks, not to move snow toward the public system In addition, the City of Yakima receives numerous complaints each winter from citizens reporting incidences of snow from cleared parking lots, driveways, sidewalks or Tots being pushed /placed onto the city's streets This may create a hazardous condition as vehicles encounter piles of snow or unsuspected icy areas and may create obstacles to pedestrians on sidewalks. The existing Yakima Municipal Code does not specifically address this issue Construction of New Sidewalks The Council Transportation Sub - Committee referred this matter to the City's Pedestrian and Bicycle Committee for additional analysis, recommendations and financial altematives.