HomeMy WebLinkAbout06/17/2014 15 Public Right-of-Way Excavation Regulations ProposalBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 15.
For Meeting of: June 17, 2014
ITEM TITLE: Proposed Ordinance regulating excavations in public rights-of-
way.
Tony O'Rourke, City Manager
SUBMITTED BY:
SUMMARY EXPLANATION:
See attachments
Resolution: Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
Description
City Manager
Upload Date
D Cover memo from City Manager 6/11/M14
Proposed ordinance 6/11/M14
Map of utility service areas 6/11/M14
Type
Cover IMleirttno
Cover IMleirttno
Cover IMleirttno
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Tony O'Rourke, City Manager
Date: June 11, 2014
RE: Proposed ordinance regulating excavations in public rights-of-way
The City of Yakima has 800 lane miles of roads with a replacement value of $450
million. Unfortunately, the quality of our City roads is not good. The City's current
Paving Condition Index (PCI) is a 54 on a 100 point scale. Three percent of the City's
streets are technically failed, with 24% projected to be in a failed state by 2020 if they
are not improved. It costs 300% more to rebuild a road versus maintaining adequate
roads through scheduled grind and asphalt overlay. The potential cost to reconstruct
24% or 190 lane miles of failed roads is $102 million dollars.
The importance of the City's roads is reflected in the 2013 Citizen Survey where 75% of
the respondents believe investment in the City's infrastructure is essential. This opinion
was validated in August 2013 when 72% of Yakima voters supported a City Charter
amendment mandating the City to invest at least $2 million annually in road construction
and rehabilitation.
In response to the public's demand for road improvements, the City Council invested $5
million in 2013 to resurface 28 lane miles and $15 million in 2014 to resurface 92 lane
miles.
In the interest of protecting and preserving the City's road asset, the City, in 1983,
adopted Ordinance 2719 requiring a street restoration fee to restore the street to its
original condition after excavating any public street. Unfortunately, despite the adoption
of Ordinance 2719, no street restoration fee related to street excavations has been
imposed or collected in the past 30 years. In that same period, the condition of the
City's roads have continued to deteriorate due to street excavations, heavy loads, and
insufficient road investments.
Currently, entities needing to excavate City streets to install utility lines and conduit
simply pay an administrative permit fee to be in the public right-of-way. This fee and the
patching of the street cut does not compensate the public for the long-term damage
caused by street cuts. Over seventeen nationwide studies have produced compelling
evidence that no matter how well a street cut is patched, there is permanent damage to
the road beyond the street excavation. Street cuts simply degrade and shorten the life
of streets.
Staff believes the reduction of our streets' quality and lifespan beyond normal wear
should be paid by the entity that inflicts the street damage. Currently, utility taxes,
property taxes, and franchise fees pay for general city services and do not cover the
cost of replacing or repaving city streets. Therefore, a street excavation fee is an
equitable means of paying to repair damaged city streets related to multiple street
excavations.
A street excavation restoration fee is also an effective incentive for utility companies and
the City utilities to coordinate their street cuts with the City's road repaving schedule,
given there is no required street restoration fee within 12 months of a planned
resurfacing or reconstruction of a city street. The city of Sacramento, California has
experienced an 80% increase in coordination between utility companies' road cuts and
Sacramento's road repaving schedule since the passage of their street cut restoration
fee ordinance, thereby mitigating unnecessary road damage.
The restoration fee will be used to pay for street resurfacing where there is permanent
damage beyond the area of the street cut. This is particularly critical given the City will
have invested $20 million over the past two years to improve City streets. It would be
counterproductive to see these improved streets degraded and service life diminished
by allowing street cuts without a restoration fee policy in place to protect the quality and
service life of our roads.
In partnership with the City's public and private utility enterprises (gas, electric, water,
waste water, irrigation, cable tv), the attached ordinance has been drafted for City
Council review and consideration. The public and private utility companies recognize
the importance of protecting and preserving Yakima's roadway infrastructure and
investment given it is the backbone to our local economy and public mobility.
Key elements of the proposed street excavation ordinance include:
• Requires a $100 excavation permit — Type A for work 1-30 days and Type B
for work greater than 30 days
• Separate inspection fee of $60 per hour
• Requires appropriate insurance and bonding
• Requires conformance with federal and state safety regulations when working
in the City right-of-way
• Permittee is encouraged to perform street work outside normal commute
times
• Permittee street restoration patch shall require 2 -year warranty
• Road restoration fee shall be:
o $4.05/square foot of trench area and additional three foot zone on
each side of cut
o Roads less than five years old will cost 150% of restoration fee with the
exception of emergency cuts
• Road restoration fee will be adjusted or discounted based on road PCI
condition. For example, the restoration fee of a road with a PCI of 40 would
be discounted 60% from $4.05 to $1.62 per square foot.
• Roads less than five years, regardless of the reason for the cut will not be
adjusted or discounted by a PCI
While neither private utility companies, or our own City utilities are enamored with the
prospect of a street restoration fee, I believe they understand that protection and
preservation of our roads is critical to our agricultural based economy and mobility.
While an argument could be made this street cut fee is simply an additional expense
that will be passed onto both public and private utility customers, it will ensure the
equitable cost distribution of repairing our streets when our streets are damaged by
excavation. In addition, the street cut fee does not "double tax" City of Yakima residents
and businesses since many of the utilities do not have a contiguous customer base with
the City. For example, the gas, electric, and private water and irrigation utilities all have
customers in both the city and county. Accordingly, why should a City of Yakima
resident assume 100% of the cost associated with utility generated street cuts, when a
significant portion of the utility customer base resides outside the City. The costs for
utility street cuts should be borne by the utilities' entire customer base; not just city of
Yakima customers.
Finally, the argument that a street cut is not business friendly denies the necessity for
the fee to begin with — to protect and preserve the most fundamental asset of all
businesses — roads. Without adequate road infrastructure and mobility, goods,
services, and customers cannot access businesses.
The City has clearly been very pro-business as exemplified by the following recent
investments to enhance business success in Yakima:
• $20 million in arterial street overlay improvements
• $11 million for airport taxiway improvements
• $14.6 industrial wastewater line for food and beverage processing
• $2.4 million in Mill Site environmental restoration and infrastructure
improvements
• $3.0 million for North First Street improvements
• $300,000 in Downtown Master Plan and Retail Strategy Plans
• 13% increase in building permits over 2013
]Chapter 8.72
EXCAVATIONS IN PUBLIC RIGHTS-OF-WAY
Sections:
8.72.010 Purpose.
8.72.020 Definitions.
8.72.030 Excavation permit required.
8.72.040 Conditions of permit.
8.72.050 Execution of work.
8.72.060 Review of Ordinance
8.72.070 Fees.
8.72.080 Violations.
8.72.010 Purpose.
The purpose of the chapter is to preserve the safety of the public and to preserve,
protect and improve the quality of city roadway infrastructure by regulating the uses of and
construction in the public right-of-way.
8.72.020 Definitions.
To be completed
8.72.030 Excavation permit required.
A. It is unlawful for any person to dig up, break, excavate, tunnel, or undermine, any street,
alley, sidewalk, highway, thoroughfare or other public place, without first obtaining an
excavation permit from the City and thereafter complying with the requirements of the permit.
B. Nothing in this chapter shall be construed to prevent any person from maintaining any
utility facilities in or under any right-of-way by virtue of any law, ordinance or permit as may be
necessary for the preservation of life or property in the case of an emergency, provided that the
person shall obtain an excavation permit in arrears, within two (2) business days following the
conclusion of the emergency situation and any required response.
1) Emergency excavations shall be subject to all fees and requirements of this
chapter.
C. Permits are not transferable. All contractors excavating or tunneling in the public right-
of-way must obtain their own excavation permit, insurance and bonding. All other
subcontractors may work under their general contractor's permit. All contractors working in the
same area or job site are encouraged to coordinate their work within the same traffic control
plan if possible.
8.72.040 Conditions of permit.
A. The permit covers the subcontractors as long as they are not excavating in the public
right of way.
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B. The excavation permit application form and submittal requirements shall be in such form
as prescribed by the City. At a minimum, the following information shall be required for
application:
1) General
i. The name and residence or business address of the applicant;
ii. The location and approximate area of the excavation;
iii. The purpose, a plan or drawing, and a schedule for the proposed period of
excavation;
iv. A traffic control plan;
v. Insurance and bond;
vi. A plan showing the specific location and area of the excavation, including the
dimensions of its length and width, and any other information that may be
deemed by the City to clearly explain the work.
2) The applicant shall pay fees as determined by Section 8.72.070 of this code.
i. No fee or requirement authorized or imposed pursuant to this chapter shall be
construed to affect or alter in any way any obligation of public and private
utilities with facilities installed in any public right-of-way to relocate the
facilities at no cost to the city, in the event that relocation is required by the
city to accommodate public safety within the public right-of-way. Any
directive must comply with RCW 35.99.060 Relocation of Facilities — Notice —
Reimbursement.
C. The permittee shall, at a minimum, be responsible for public safety as follows:
1) Comply with all current federal, state and local safety regulations and all federal
and state disability laws including those requiring an accessible path of travel.
2) Utilize appropriate traffic control, per the Manual on Uniform Traffic Control
Devices (MUTCD), at all times for the duration of the permit.
3) Traffic control plans shall be included with all permit applications by the general
contractor or by subcontractor unless a traffic control plan has already been submitted
and approved.
i. Traffic control plans shall be designed and drawn, using MUTCD standards,
by an American Traffic Safety Services Association (ATSSA), or equivalent
certifying entity, certified Traffic Control Supervisor.
a) A "training" grace period of 90 days, from the date this ordinance is
enacted, will be allowed for persons designing and drawing traffic
control plans to be certified.
Traffic control plans shall be site specific.
a) The use of appropriate computer software is encouraged as illegible
plans will not be accepted.
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b) Generic plans are not acceptable.
iii. The level of complexity required for traffic control shall be commensurate with
the duration of work and location of work as defined in the MUTCD.
4) Excavations shall not be left unprotected at the end of a shift unless continuous
shifts are planned.
i. Backfill, steel plates, security fencing and other safety options may be
considered on a case-by-case basis by the City.
ii. Barricades, warning tape and plastic fence are not acceptable alternatives.
D. The permittee shall designate an employee responsible for the installation, maintenance and
removal of barricades and warning signs, as required by the approved traffic control plan.
1) Barricades shall not be placed on sidewalks, pedestrians or bike paths, or dedicated
bike lanes unless said pathways are permitted to be closed.
2) Barricades, including supports, shall be moved outside the clear zone when not in
use.
3) The city will inspect barricading for compliance with approved traffic control plans as
it deems necessary.
4) Barricades and warning signs shall be removed from the right-of-way promptly at the
completion of the work.
E. All flaggers shall be trained and certified by a training agency normally engaged in the
business of flagger training. Flaggers must show certification cards on request. Approved
safety wear is required.
F. The permittee shall be responsible for the utility location service, surface (asphalt, concrete,
other) cut, excavation, backfill, compaction, surface replacement, testing, any necessary
remedial work, and materials incorporated in the work.
G. Indemnification, hold harmless, insurance and bond.
1) Indemnification and hold harmless.
i. Applicant agrees to protect, defend, indemnify, and hold harmless the city, its
elected officials, officers, employees, agents, and volunteers from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including
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reasonable attorneys' fees and disbursements) resulting from death or bodily
injury to any person or damage or destruction to a third party or third parties
to the extent caused by any negligent act and/or omission of the applicant, its
officers, employees, agents, volunteers and/or subcontractors, arising out of
or relating to the issuance of a permit to applicant pursuant to Chapter 8.72
YMC or the work done by applicant or its subcontractors after receiving the
permit, and/or the performance of work done pursuant to a contract with the
city.
ii. Nothing contained in this section or this contract shall be construed to create
a liability or a right of indemnification in any third party.
2) Insurance.
i. General Requirements.
a) The applicant shall obtain the insurance described in this section from
insurers approved by the State Insurance Commissioner pursuant to
RCW Title 48. The insurance must be provided by an insurer with a
rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which
is licensed to do business in the state of Washington (or issued as a
surplus line by a Washington surplus lines broker). The city reserves
the right to approve or reject the insurance provided, based on the
insurer (including financial condition), terms and coverage, the
certificate of insurance, and/or endorsements.
b)
The applicant shall keep this insurance in force during the term of the
affected work and for thirty days after the physical completion date,
unless otherwise indicated (see subsection (c) below).
If any insurance policy is written on a claims -made form, its retroactive
date, and that of all subsequent renewals, shall be no later than the
effective date of this permit. The policy shall state that coverage is
claims -made, and state the retroactive date. Claims -made form
coverage shall be maintained by the applicant for a minimum of thirty-
six months following the final completion or earlier termination of this
permit, and the applicant shall annually provide the city with proof of
renewal. If renewal of the claims -made form of coverage becomes
unavailable, or economically prohibitive, the applicant shall purchase
an extended reporting period ("tail") or execute another form of
guarantee acceptable to the city to assure financial responsibility for
liability for services performed.
d) The applicant's and all subcontractors' insurance coverage shall be
primary and noncontributory insurance as respects the city's
insurance, self-insurance, or insurance pool coverage.
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e) The applicant shall provide the city and all additional insured's with
written notice of any policy cancellation, within two business days of
their receipt of such notice.
f) Upon request, the applicant shall forward to the city a full and certified
copy of the insurance certificate.
g)
The applicant shall not begin work under the permit until the required
insurance has been obtained and approved by the city.
h) Failure on the part of the applicant to maintain the insurance as
required shall constitute a material breach of permit, upon which the
city may, after giving five business days' notice to the applicant to
correct the breach, immediately terminate the permit.
i) All costs for insurance shall be the responsibility of the applicant.
ii. Additional Insured. All insurance policies, with the exception of workers'
compensation, shall name the following listed entities as additional
insured(s):
a) The city and its elected and appointed officials, officers, employees,
agents and volunteers.
b) The above -listed entities shall be additional insured(s) for the full
available limits of liability maintained by the applicant, whether
primary, excess, contingent or otherwise, irrespective of whether such
limits maintained by the applicant are greater than those required by
this permit, and irrespective of whether the certificate of insurance
provided by the applicant pursuant to subsection D of this section
describes limits lower than those maintained by the applicant.
iii. Subcontractors. Applicant shall ensure that each subcontractor of every tier
obtains and maintains at a minimum the insurance coverages listed in
subsection E of this section. Upon request of the city, the applicant shall
provide evidence of such insurance.
iv. Evidence of Insurance. The required certificates of insurance in subsection F
of this section shall clearly state who the provider is, the coverage amount,
the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this contract or permit. The
policy shall name the city, its elected and appointed officials, officers,
employees, agents and volunteers as additional insured's, and shall contain a
clause that the insurer will not cancel or change the insurance without first
giving the city prior written notice. A copy of the additional insured
endorsement will be included with the certificate. The insurance shall be with
an insurance company or companies rated A-: VII or higher in Best's Guide
and admitted in the state of Washington (or issued as a surplus line by a
Washington surplus lines broker).
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v. Coverages and Limits.
a) Insurance.
b)
a. At all times during performance of the services, applicant shall
secure and maintain in effect insurance to protect the city from
and against all claims, damages, losses, and expenses arising
out of or resulting from the performance of this contract or
permit. Applicant shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The city
reserves the right to require higher limits should it deem it
necessary in the best interest of the public.
b. Commercial General Liability Insurance. Before this contract or
permit is fully executed by the parties, applicant shall provide
the city with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance
with a total minimum liability limit of one million dollars per
occurrence combined single limit bodily injury and property
damage, and two million dollars general aggregate. The
aggregate limit will apply "per job" or "per project." The policy
will include Washington stop gap (employer's liability)
coverage.
Commercial Automobile Liability Insurance.
c)
3) Bond.
If the applicant owns any vehicles, before this contract or
permit is fully executed by the parties, applicant shall provide
the city with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability
insurance with a total minimum liability limit of one million
dollars per occurrence combined single limit bodily injury and
property damage. Automobile liability will apply to "any auto"
and be shown on the certificate.
If the applicant does not own any vehicles, only "non -owned
and hired automobile liability" will be required and may be
added to the commercial liability coverage at the same limits
as required in that subsection above entitled "Commercial
General Liability Insurance."
Workers' Compensation. The applicant shall comply with workers'
compensation coverage as required by the industrial insurance laws
of the state of Washington.
i. The applicant shall provide a minimum of $10,000 bond to assure successful
completion of the permitted work. The city may use this bond to complete
unfinished work or to correct any damage to existing infrastructure that is
caused by the permittee.
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ii. The bond may be written for a single event, a specific duration or it may be
evergreen.
iii. The city reserves the right to request additional bonding should it be
determined that the amount of the work or risk exceeds the capacity of the
bond.
iv. If the bond is for a single event, the bond shall be returned to the permittee
upon successful completion of the work, as determined by the City.
v. This requirement is not in addition or instead of the bonding/insurance
requirements for a city capital improvement project.
H. Roads less than five years old can be cut, but will cost 150% of restoration fee with no PCI
discount.
I. _The permittee shall notify the City upon completion of the work.
J. _The city will provide any necessary inspections, during normal business hours, inclusive
in the permit fee. Should the permittee request inspections outside normal business hours,
or should additional inspections are necessary to ensure public safety, the permittee shall
pay for all additional inspection costs, including overtime costs.
K. Except as otherwise expressly provided herein, all costs of complying with this chapter shall
be borne by the applicant/permittee.
L. Upon receipt of a complete excavation permit application package, the City shall determine
and set forth all requirements, approve or disapprove the application, and, if approved, sign
and return it to the applicant with a permit number.
1) Each permit will state the estimated start and completion date of the permitted work.
i. Type A 1-30 days ($100)
ii. Type B 30 additional days ($100)
2) The City may grant extensions of time (Type B permit) if requested by the permittee.
i. The permittee must request the time extension at least 24 hours prior to the
stated completion date of the permit.
ii. Additional fees required by the requested extension must be paid prior to the
issuance of the extension.
3) The City may modify the permit if circumstances or conditions appearing after the
work is started make it impossible, dangerous or excessively inconvenient to the
travelling public for the permittee to comply with the requirements of the permit.
4) No person in violation of any requirement of this chapter shall be issued an
excavation permit, nor shall any contractor or agent apply for or be issued an
excavation permit on the person's behalf, until the outstanding violation is corrected.
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i. The foregoing requirement is in addition to any penalty or remedy for violation
that may be imposed or sought by the city at law or equity.
8.72.050 Execution of work.
A. Work hours.
1) The permittee is encouraged to perform the work outside of normal commute times,
however, the permittee may make its case to the City for when the work needs to be
done.
i. Alternate hours, including nights or weekends, may be required for operations
that unduly disrupt traffic flows or represent potential safety hazards.
B. A copy of the approved excavation permit shall be kept at the work site all times while such
work is in progress.
C. Permittee shall conform to any public notification requirements included in the permit,
contract documents, or approved plans.
D. Right-of-way crossings shall not unreasonably interfere with or unduly impair the proper and
safe use of the right-of-way or adjacent properties.
E. All persons performing work shall take reasonable precautions not to damage or destroy
existing facilities.
F. Excavation requirements.
1) Except for requirements subject to the exclusive jurisdiction of another regulatory
agency, the location, depth and other physical characteristics of any facilities for
which an excavation permit is issued shall be subject to approval of the City and all
backfilling, compaction and pavement restoration performed for any excavation shall
comply with the city's current design standards, as posted on the Department of
Utilities and Engineering's webpage.
i. Permittee shall coordinate their installation with existing facilities to minimize
damage to, and avoid undue disruption and interference with the public use
of such rights-of-way.
ii. The use of directional drilling or other guided tunneling processes may be
required.
2) No trench shall be opened in any street for the purpose of laying pipes, conduits or
ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts
being placed in the trench.
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3) The excavated pavement and other rubble shall be removed, together with any
surplus excavated material, within one working day from the time such material is
placed upon the street.
4) Whenever a pavement cut is required, pavement shall be sawcut to neat, true lines
parallel and perpendicular to the centerline of the road.
i. Width of pavement cut shall be sufficient to remove any broken or cracked
pavement and to allow for the equipment required to obtain the required
compaction.
ii. Edges of pavement cuts shall receive an application of tack coat prior to
placing the new pavement. All asphalt patches shall match existing road
sections, including base depth and material.
iii. Whenever any caving occurs in the sidewalls of any excavation, the
pavement above such caving shall be cut away.
a) In no case shall any void under a pavement be filled by any side or
lateral tamping.
5) Restoration.
i. Any disturbance of pavement (including damage caused by dumpsters or
construction drop boxes), sidewalk, driveways, landscaping, striping or other
marking, traffic loops or other devices, or any other feature shall be restored,
repaired or replaced to City standards or to the condition existing prior to the
disturbance, as modified by the requirements herein, if no restoration
standard exists.
) Destructive cuts for utility locates shall be as small as possible and
shall be restored with flo-fill or low PSI concrete as approved by the
director.
ii. Replacement of roadway in lieu of restoration fee, may be requested by the
permittee and is permissible if agreed to by the City.
iii. Work areas, including adjacent areas that were cleared/grubbed or damaged,
shall be stabilized and reseeded within 14 calendar days, weather permitting
and seasonally adjusted, after the permit completion date.
iv. All excavations within the right-of-way shall be backfilled with consecutive lifts
not exceeding eight inches of loose material and shall require a two (2) year
warranty.
v. Sidewalks, curbs, gutters or combination curbs and gutters shall be removed
to nearest joint. All concrete used to replace curbs and gutters shall obtain a
minimum compression strength of 3,000 p.s.i. at 28 days. Curbs and gutters
shall be replaced to conform to the same shape, size and continuous gradient
as existing curbs and gutters.
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vi. After backfilling is completed, and prior to repaving the cut, the contractor or
permittee shall remove all loose paving material and trim the edges of the
excavation at the street surface.
vii. Roads and sidewalks shall be restored to a safe, passable condition prior to
the work area being opened for public use.
a) Temporary surfaces may be in place for no more than 72 hours
unless weather or other mitigating circumstances are present.
i. The City's written approval, with conditions and
allowable duration, is required to leave temporary
surface in place for longer than 72 hours.
ii. Failure to comply with the City's conditions will
constitute a violation under this chapter.
iii. Maintenance of temporary surface will require a
separate encroachment permit if not completed as part
of the original work.
iv. If the temporary surface is not maintained in a safe and
acceptable manner, and the permittee does not
respond or is not able to respond in a timely manner to
maintain the temporary surface as required by the city,
the city may cause the work to be done.
1. The cost thereof, including any inspection costs
and administrative overhead incurred by the
city, shall be assessed against the permittee.
Permanent restoration shall require a separate permit if not completed
as part of the original work within six (6) months.
6) Repair of failed surface over excavation.
Should the pavement or sidewalk surface over any excavation sink or break
within two years after the excavation has been completed the permittee shall,
upon written notice from the City, immediately repair the installation or backfill
and have the pavement restored as specified by the City, within such time
period as may be specified by the City.
a) If the permittee does not respond or is not able to respond in a timely
manner as required by the City, the City may cause the work to be
done.
b) The cost thereof, including any inspection costs and administrative
overhead incurred by the city, shall be assessed against the
permittee.
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G. Maintenance.
1) The permittee shall maintain the work site in a clean and orderly manner.
H. Failure to complete work.
1) If any part of the work referred to in this chapter is not completed within the time set
forth in the permit, the City may provide written notice to the person performing the
work to complete the work within forty-eight (48) hours thereafter.
i. If the work is not completed within this time period, the city may cause the
work to be performed, including such work as will restore the work area to a
safe and passable condition until the work can be completed.
ii. The cost thereof, including any inspection costs and administrative overhead
incurred by city, shall be paid by the permittee within thirty (30) days of notice
of the cost.
8.72.060 Review of Ordinance
This ordinance will be reviewed and revised as necessary, at least annually, by the City.
8.72.070 Fees.
A. All applicants and permittees subject to this chapter shall pay permit fees and be subject to
penalty fees if they violate the requirements of this chapter, except as provided below.
1) City projects or crews that are funded out of the general fund may be exempt from
jpaying permit fees, depending on the original source of the project funding, but must
comply with the remainder of this chapter.
2) City projects or crews that are funded from Fund 142, Arterial Streets Fund, may be
exempt from paying restoration fees, depending on the original source of the project
funding, but must comply with the remainder of this chapter.
3) Roads that the City plans to resurface or reconstruct within the following
12 months are exempt from the resurfacing fee.
4) Restoration fee area shall be calculated in square feet, as follows:
i. $4.05/square foot of trench area, including an additional 3' zone of influence
on each side of the trench.
Roads less than 5 years old will cost 150% of restoration fee except in the
case of emergency excavation they will be charged only 100% of the
restoration fee.unless
a. The City is requesting utilities to move thcir facilities co thcrc
will be no restoration fee.
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b. The excavation is dccmcd to be an cmcrgcncy so thcrc will bo
no restoration fee.
c. The city determined 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 so there will be no restoration fee.
ii. Adjusted by the road PCI, represented in decimal form, to compensate for the
existing condition of the road when cut.
• Example: the restoration fee of a road with a PCI of 40 would be
discounted by 60% ®®®®®®®®®
iii. Roads less than 5 years old, regardless of the reason for the cut will not be
adjusted by the PCI.
5) Revenues collected for restoration fee shall be deposited in the street reconstruction
account.
6) The following fees shall apply to right-of-way use permits:
i. Base administration fee = $100.00 (renewable monthly)
ii. Inspection fee - $60.00/hour with a one hour minimum.
iii. Penalty fees — Failure to comply with this chapter: $500/violation/day.
8.72.080 Violations.
A. General — Authority of City
Whenever the City finds probable cause to believe violation of any of the provisions of this
chapter exists, the City shall notify the person responsible for the alleged violation in writing and
shall order the necessary corrections to be made. If such violation is not corrected within the
period of time established by the City, the City may invoke the remedies set forth in this section
and/or any other remedy available under state law or city code. The provisions in this section
are not exclusive remedies. The City reserves the right to take any, all, or any combination of
these actions against any person violating the provisions of this chapter, together with any other
action available under state law or city code.
B. Procedure — Notification of Violation — Effect of Violation.
The City shall notify any person found to be in violation with this chapter of the scope of
violation, the provisions violated, the date of violation (if known), and the required correction.
(1) Said notice of violation and correction shall be in writing and may be hand -delivered,
faxed or e-mailed to the person or persons responsible for the violation. The notice
shall advise such person(s): (a) that failure to correct the violation within the time
specified will subject the violator(s) to imposition of a civil penalty fee up to $500 per
violation for each day the violation remains uncorrected; (b) that all violations shall be
corrected and all assessed penalties paid prior to issuance of another right-of-way use
permit to such persons(s); and (c) that the city reserves the right to invoke any other
remedy available under state law and city code, including but not limited to, filing of
criminal charges pursuant to subsection D of this section.
12
(2) Should that person fail to correct the violation within the period of time directed, the
director is authorized to assess against the person or persons causing such violation a
civil penalty fee up to $500 per violation for each day the violation remains uncorrected.
Written notice of the assessed penalty fee shall be hand -delivered, faxed or e-mailed to
each person determined to be responsible for such violation.
(3) All violations shall be corrected and all penalties assessed must be paid prior to the
city's issuance of another right-of-way use permit to such person.
C. Corrective actions — Appeal.
(1) Failure to obtain an encroachment permit, failure to comply with an approved
encroachment permit including compliance with traffic control plan, failure to comply
with excavation or trench safety requirements or any other violation that creates an
imminent public safety hazard shall be corrected immediately, and all work shall stop,
and necessary safety precautions shall be taken until the violation is corrected.
i. Failure to immediately comply with the above paragraph shall justify the
assessment of a penalty fee.
ii. Repeat offences shall justify the immediate issuance of penalty fees, filing of
criminal charges pursuant to subsection D below, and/or initiation of any
other remedy available to the city under state law or city code.
(2) Any other violation of nonconformance that does not constitute, in the determination
of the City, an imminent public safety hazard, shall be corrected within 10 working days
of issuance of the notice of violation.
i. Failure to comply with the above paragraph shall justify the assessment of
fii.penalty fees.
Repeat offences shall justify the immediate assessment of penalty fees, filing
of criminal charges pursuant to subsection D below, and/or initiation of any
other remedy available to the city under state law or city code.
(3) Appeals of administrative corrective actions. Any person receiving a notice of
violation under this chapter shall have the right to an administrative hearing to contest
the city's determination of violation or assessment of penalty fees.
Any hearing pursuant to this section must be requested by the appellant
in writing within ten (10) days after the appellant receives notice of
violation. The appellant's written request for hearing shall be filed with
the City. Failure to submit a timely notice shall be deemed to be a failure
to exhaust administrative remedies and shall preclude any further review.
The city will conduct the hearing within twenty days of the receipt of the
request.
ii. The administrative hearing authorized by this section will be held before
the city manager or the city manager's designee. Formal rules of
evidence will not apply but the appellant and the city shall have the right
to present witnesses and documentary evidence. The city manager or the
13
city manager's designee will issue a written decision within ten (10) days
of the conclusion of the hearing.
Any appellant requesting a hearing shall have the right to make an
electronic or stenographic record of the proceedings. Such record shall
be made at the discharger's expense.
iv. Except as otherwise provided, all decisions by the city manager or city
manager's designee other than the Director of Utilities & Engineering)
shall be final and conclusive on all parties unless within twenty (20) days
from the date of final action, the appellant files a petition for review in a
court of competent jurisdiction in the manner prescribed by law.
(4) Notwithstanding the provisions above, the city reserves the right to file criminal
charges or pursue any other available remedy without first assessing penalty fees or
pursuing administrative remedies set forth above, when, in the sole determination of the
city, the violation cannot be effectively remedied by assessment of penalty fees or
imposition of any other administrative remedy set forth above.
D. Criminal penalties. Any person who willfully, knowingly, recklessly or negligently violates
any provision of this chapter through any act or omission shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment not
to exceed ninety (90) days, or by both such fine and imprisonment. Each violation and each day
of each violation shall constitute a separate offense.
14
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COMBINED SERVICES AREAS MAP
-- — — CITY LIMITS
CITY OF YAKIMA WATER SVC AREA
NOB HILL WATER SERVICE AREA
1
CHARTER COMM. SERVICE AREA
(SERVICE AVAILABLE - NOT ALL PROPERTIES ARE CUSTOMERS)
CASCADE NATURAL GAS SERVICE AREA
(OVERLAYS CHARTER, PACIFIC POWER & CENTURYLINK)
r"
s.
t is unlawful for any person to
ncroach within public rights-
-way or other city property, to
use [occupy] ... any street,
alley, sidewalk, highway,
t oroughfare or other public
place ... without first obtaining
an encroachment permit from
the d i rector. (3.10.2014 Draft YMC Revision 8.72)