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HomeMy WebLinkAbout1957-B-2037 527 ORDINANCE NO. B -2037 AN ORDINANCE relating to the obstruction of streets, alleys, highways and public places in the City of Yakima; providing a penalty for the violation hereof; repeal- ing ordinances A -272 and B -2008 and all other ordinances and parts of ordin- andes in conflict herewith; and declaring an emergency. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF YAKIMA: Section 1. That it shall be 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 such public street, highway, alley, thoroughfare, sidewalk or public place any article, material or thing whatsoever tending to obstruct, distrub or interfere with the free use of the same, without first having obtained a permit' therefor. All permits issued under the authority of this ordinance shall be issued by the building Inspector and the charge for same shall be TWO AND 50 /100 DOLLARS ($2.50) fob each permit. Section 2. The Building Inspector shall grant such permit only upon com- pliance with the following terms and conditions: The party requesting such permit shall make application therefor in writing and if requested so to do by the Building Inspector, shall file with the said Building Inspector 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 bo obstructed, together with a full description of the nature of such work, obstruction or other thing; the said Building Inspector shall thereupon examine such application and plat and if he shall approve the same, may issue a permit therefor, 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, distrubed 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 descr- iption 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 said Building Inspector, bu at the expense of the party procuring such permit, and in case any such place referred to in this ordinance is dis- turbed in any way, the placing thereof in its former condition shall be at all times sub- ject to the direction of said Building Inspector and the same shall be replaced and re- stored to its former condition within the time by him stated and specified. At the ex- piration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the said Building Inspector 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 said party obtaining said per - mit shall be liabll for the expense thereof; PROVIDED, that the City shall have a cause of action for all 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 dut of the one acting under such permit to guarantee and maintain the area distrubed for two years after returning it to its original condition. Section 3. Before doing any of the acts authorized by said permit, written notice thereof must be given to the Chief of the Fire Department, who shall also be noti- fied of the completion of the act or acts allowed under such permit when the public stree• alley, sidewalk, highway or other public place affected thereby has been placed in the condition required by this Ordinance. Immediately upon the completion of the act or acts allowed under such permit required by this Ordinance, written notice thereof shall also be given to the said Building Inspector. Any delay in giving such written notice after the completion of said work shall render the applicant for said permit liable for all damages done or suffered by the City of Yakima or any person, firm, or corporation, by such delay. Section 4. The Building Inspector is authorized and empowered to grant per- mits in his discretion to such persons as may apply therefor to use, occupy and obstruct streets, alleys, and sidewalks, adjacent to a construction project as limited by Chapter 44 of the Yakima Building Code, being Ordinance No. B -1827, (Uniform Building Code, 1955 Edition), for the purpose of storing building materials. Any work done under a permit authorized by this ordinance or the building code, and which worl$nvolves excavation through or undermining of, any sidewalk, curb or paving shall have such excavation back - filled, tamped and settled in such a manner that the sidewalk, curb or paving may be re- placed within thirty (30) days following the backfilling, and should said patched side- walk, curb or paving settle within a period of two (2) years, it shall be repaired again at the expense of the original permit holder. Section 5. In case any public street, alley, sidewalk, highway or public place shall be dug up, excavated, undermined, disturbed or obstructed, or an obstruction placed thereon, the persons, firm or corporation causing the same shall erect, and so long as the said condition exists and any danger may continue, maintain around the said portion of the street, sidewalk, or other public place, agood and substantial barrier and shall also cause to be maintained during every night from sunset to sunrise at each end of such obstruction such red lights or flares as meets the approval of the Building Inspector. Section 6. The Building Inspector may, as a condition precedent to the granting of the permit as herein provided, require the execution and delivery to the City of Yakima of a good and sufficient bond in an amount to be fixed by said Inspector cond- itioned that the applicant for such permit will keep and save harmless the said City from any and all claims, liability, judgment, costs, damages and expenses arising from any act - which he may do or duffer to be done under the said permit, or which may be done by any of his agents, servants, or employees, or which may arise from any negligence of himself, his agents, servants, contractors or employees, or any of them, in obstructing or in any way disturoing such street, alley, highway or other public place, or by reason of the Aii �g ORDINANCE NO. B -2037 violation of any of the provisions of this ordinance. Said bond shall be further condit ioned that in case the act or acts permitted necessitate the cutting into any sidewalk, street, pavement, thoroughfare or other public place in the City of Yakima, the person, firm or corporation applying for and acting under said permit, shall replace the portion of said street, sidewalk, avenue, pavement, alley or other public place affected thereby shall put the same in the condition it was in prior thereto, and within the time specified by the said Inspector, shall maintain it in condition for a period of two years there after. Provided, further, that the said Inspector may allow a separate bond to be given to secure the maintenance of said street, alley, highway or other public place as here - inbefore provided. (As amended by Ord. No. B -219, passed and approved August 9, 1937.) Section 7. The. Building Inspector may as a further condition precedent to the granting of said permit require the furnishing of public liability and property damage insurance in such amounts as he may determine, naming the City of Yakima as an additional named insured. Such insurance shall provide that the same shall not be can- - celled without giving the City thirty (30) days written notice. . Section 8. No permit shall be issued to any person,.firm, or corporation who is delinquent in the payment of any fees or charges fixed by this ordinance or who refuses or neglects to comply with any of the provisions of this ordinance. Section 9. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not to exceed three hundred dollars (8300.00), or by imprisonment in the City Jail for not to exceed sixty (60) days , or by both such fine and imprisonment. Section 10. Ordinances A -272 and B -2008 and all other ordinances and parts of Ordi antes in conflict herewith be and the same are hereby repealed. Section 11. This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and the City Charter. PASSED BY THE CITY COMMISSION, signed and approved this 10th day of June, 1957. • ATTEST: J.A. SMITH ( SEAL) JOE K. ALDERSON CITY CLERK MAYOR I hereby certify that the foregoing is a true, full and correct copy of Ordinance No. B -2037 entitled "AN ORDINANCE relating to the obstruction of streets, alleys, high- ways and public places in the City, of Yakima; providing a penalty for the violation here- of; repealing ordinances A -272 and B -2008 and all other ordinances and pa its of Ordin- ances in conflict herewith; and declaring an emergency." as passed on the 10th day of June, 1957, and that the same has been published as required by law. % � ! `TfY C L E R K