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HomeMy WebLinkAbout1986-2938 PROHIBITING THE USE OF PUBLIC RIGHT-OF-WAY WITHOUT A PERMIT ORDINANCE NO. 29 2 8 • AN ORDINANCE relating to streets and sidewalks; prohibiting the use of public right-of-way without a permit; setting conditions 410 for granting right-of-way use permits; prescribing permit application and renewal fees; declaring it to be a public nuisance to violate Chapter 8.20; enacting Section 8.20.130 as a new section, and amending Sections 8.20.010, 8.20.070 and Subsection P of Section 8.20.030, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Section 8.20.010 of the City of Yakima Municipal Code is hereby amended to read as follows: 8.20.010 Use of public right-of-way without permit prohibited. It is unlawful for any person to use, for a private purpose, any public right-of-way utilized for a public purpose without first obtaining a permit therefor pursuant to this chapter and without otherwise complying with provisions of this chapter applicable to such occupancy or use; provided, the provisions of this chapter shall not apply to work in public right-of-way performed by the city, its agents or contractors, or to occupany and use of public right-of-way under the authority of any franchise granted by the city, or to persons using or occupying public right-of-way pursuant to some other permission or authority granted by the city." Section 2. Subsection B of Section 8.20.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "B. All applications shall be accompanied by an application fee according to the schedule below, which fee shall not be refunded to the applicant regardless of whether or not the application is granted. • Application Fee Schedule Commencing March 15, 1986 through DeceMber 31, 1986 - twenty-five • dollars Commencing January 1, 1987 through DeceMber 31, 1987 - forty dollars Commencing January 1, 1988 and thereafter - fifty dollars." - , Section 3. Section 8.20.070 of the City of Yakima Municpal Code is hereby amended to read as follows: • "8.20.070 Tenn of Permit - Renewal, A. Permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and shall be subject to renewal annually on application therefore, and on payment of renewal fee according to the schedule in subsection B of this section; provided, permits granted under authority other than this chapter shall remain in full force and effect according to their terms without the necessity for application therefor or renewal thereof and without the payment of a permit fee, unless any such permit is terminated or revoked as provided by that permit. ORDI EE1 B. Renewal Fee Schedule Commencing March 15, 1986 through December 31, 1986 - fifteen dollars Commencing January 1, 1987 through December 31, 1987 - twenty dollars Commencing January 1, 1988 and thereafter - twenty-five dollars." Section 4. Section 8.20.130 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: 1 111 "8.20.130 Violations as nuisances. Any private use of public right-of-way contrary to the provisions of this Chapter or other lawful authority is a public nuisance, subject to prevention or abatement by injunction or other appropriate remedy in an action brought by the City in the Superior Court of the State of Washington in and for Yakima County." Section 5. 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. -c--5- . PASSED BY THE CITY COUNCIL, signed and approved this Caa, day of • , 1986. 1 All MAYOR ill, ',.,..: ATTEST: CITY CLERK Publication date 3 1 1986 Effective date MAR 3 1986 III ORDI EE2