COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080188

Amending Chapter 64, Code of Ordinances, by repealing subsection (a) of Section 64-119, Deposit for restoration expenses; Section 64-422, Definitions; Section 64-423, Regulated activities; Section 64-424, Exceptions; subsections (a) and (b) of Section 64-426, Permit fee; and Section 64-434, Enforcement Policy, and enacting in lieu thereof new subsections and sections of like designation and subject matter for the purpose of limiting street plate permits to 30 calendar days, modifying the permit fees, establishing requirements for the embedding of street plates, and granting the Director of Public Works enforcement powers; enacting a new Section 64-436, Restoration deposit, for the purpose of incorporating the restoration deposit on excavation permits into the street plate bridging regulations; and establishing an effective date.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 64, Code of Ordinances, is hereby amended by repealing subsection (a) of Section 64-119, Deposit for restoration expenses, and enacting in lieu thereof a new subsection of like designation and subject matter, to read as follows:

Section 64-119. Deposit for restoration expenses.

(a) As a condition for the issuance of an excavation permit, the applicant shall furnish and maintain the restoration deposit(s) under the provisions of this section, to be held by the city treasurer. If the work being performed by the applicant pursuant to the excavation permit will include the placement of street plate bridging in any location for which a street plate permit is separately required by this Chapter, the restoration deposit(s) furnished and maintained by the applicant under the provisions of this section shall further guarantee the applicants compliance with the provisions of Article XII, Street Plate Bridging Regulations.

Section 2. That all other subsections of Section 64-119 not specifically repealed and reenacted above shall remain in effect.

Section 3. That Chapter 64, Code of Ordinances, is hereby amended by repealing Section 64-422, Definitions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Section 64-422. Definitions.

For purposes of this Article, the following terms, phrases, words and their derivations shall have the following meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is mandatory and may is permissive. Words not defined shall be given their common and ordinary meaning.

(a)    Adopted standards - any design or construction specification adopted in writing by the director of public works.

(b)    Applicant the person who places street plates or the persons authorized agent who submits or is required to submit an application to the director of public works for a street plate permit.

(c)    Central business district the area encompassed by the interstate highway system commonly known as the downtown loop.

(d)    Code the Code of Ordinances for the city.

(e)    Director the director of public works of the city or the directors authorized representative.

(f)      Emergency a condition, as defined by the director, that poses a clear and immediate danger to life or health, or a significant loss of property, or requires immediate repair or replacement in order to restore service to a customer.

(g)    Excavate the removal of materials.

(h)    Fill the deposit or stockpiling of materials.

(i)      Grading any excavating or filling of earth materials or any combination thereof.

(j)      Inspection the periodic field review of street plate bridging for the purposes of determining compliance.

(k)    Other streets those roadways that are not shown on the major street plan.

(l)      Nuisance any act or situation as defined in Section 48-3 of the Code.

(m)  Person any individual, firm, partnership, corporation, association, organization or legal entity of any kind including governmental entities.

(n)    Streets and roadways an area of land designated and reserved for public travel such as streets, medians, parkways, and their associated curbs and gutters.

(o)    Winter months the period of time commencing on the first day of December and continuing through the last day of February of the next succeeding year.

(p)    Work any activity that involves construction or preparation for construction of an improvement.

Section 4. That Chapter 64, Code of Ordinances, is hereby amended by repealing Section 64-423, Regulated activities, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Section 64-423. Regulated activities.

(a)     Except as provided in Section 64-424, no person shall:

a.                   place street plate bridging without first applying for and obtaining a street plate bridging permit from the director;

b.                  allow street plate bridging to remain in place in excess of thirty calendar days;

c.                   place (or allow to remain in place) street plate bridging on concrete streets and roadways during the Winter months.

(b)    Street plates shall be embedded as follows:

a.                   During the Winter months, street plate bridging shall be embedded as of the date it is first placed on the street or roadway and shall remain embedded until such time as the work is complete and the street plate bridging has been removed. The requirement to embed shall not apply to street plate bridging placed on concrete streets and roadways if the director determines that an emergency exists sufficient to justify its placement during the Winter months.

b.                  During those portions of the calendar year not encompassed by the Winter months, street plate bridging shall be embedded as of the twenty-second calendar day from and including the date on which the permit was issued and shall remain embedded until such time as the work is complete and the street plate bridging has been removed. The requirement to embed shall not apply to street plate bridging placed on concrete streets and roadways.

c.                   Notwithstanding any of the foregoing provisions of this subsection, the requirement to embed street plate bridging until such time as the work is complete and the street plate bridging is removed shall not be construed as modifying or waiving the thirty calendar day period that street plate bridging may remain in place.

(c)    The street plate shall be conspicuously marked with the owners name and telephone number.

(d)   No permit issued under this Article shall be assignable, and no person shall allow his name to be used to obtain a permit for any other person.

Section 5. That Chapter 64, Code of Ordinances, is hereby amended by repealing Section 64-424, Exceptions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Section 64-424. Exceptions.

(a)    If an emergency exists, a person may place street plate bridging within any street or roadway under the control of city without first applying for and obtaining a permit. A permit is still required, however, and shall be applied for the next regular business day after the street plate bridging is placed.

(b)   If an emergency exists, the director may permit street plate bridging to remain in place in excess of the time limitations established by this Article or waive the prohibition on the placement of street plate bridging on concrete streets and roadways during the Winter months.

(c)    No permit shall be required if the street or roadway where the street plate bridging will be placed is closed to local and through traffic.

Section 6. That Chapter 64, Code of Ordinances, is hereby amended by repealing subsections (a) and (b) of Section 64-426, Permit Fee, and enacting in lieu thereof new subsections of like designation and subject matter, to read as follows:

Section 64-426. Permit Fees.

(a) The permit application fee shall be $25.00. There shall be no additional daily permit fee for the first twenty-one calendar days from and including the date on which the permit was issued. Commencing on the twenty-second calendar day and each day thereafter a daily permit fee of forty-three cents ($0.43) per square foot of street plate bridging shall be imposed.

(b)   The permit application fee shall be $100.00 and the daily permit fee shall be doubled if street plate bridging is placed prior to obtaining a permit, except in cases where such placement was required by an emergency.

Section 7. That all other subsections of Section 64-426, Permit Fee, not specifically repealed and reenacted above shall remain in effect.

Section 8. That Chapter 64, Code of Ordinances, is hereby amended by repealing Section 64-434, Enforcement Policy, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 64-434. Enforcement Policy.

The director shall handle enforcement and attempt to resolve issues of noncompliance through routine methods that include inspecting the site, communicating, negotiating, and issuing written warnings to the applicant. If these methods fail, the director may, upon three business days notice for non-emergencies and one (1) hour notice if deemed an emergency by the director, revoke the permit, remove the street plate bridging, fill any associated excavations, restore the driving surface, take possession of street plates, and assess all costs to the applicant, including but not limited to outstanding permit fees, the cost of hiring a private contractor, if necessary, and any costs associated with the collection of outstanding fees.

In cases where street plate bridging has been in place in excess of thirty calendar days, violates any other provision of this Article, including but not limited to the requirements for embedding, or otherwise fails in any regard to satisfy the adopted standards as determined by the director, the director may determine that the continued placement of the street plate is a nuisance. In such a case, the director shall give the applicant written notice that the continued placement of the street plate is a nuisance and stating that city will remove the plate if the nuisance is not remedied within three business days. The City may assess all costs to the applicant as provided for in this section.

Section 9. That Chapter 64, Code of Ordinances, is hereby amended by enacting a new Section 64-436, Restoration deposit, to read as follows:

Section 64-436. Restoration deposit.

If street plate bridging is placed in conjunction with work for which an excavation permit is required pursuant to Article IV of this Chapter, the restoration deposit furnished by the applicant as a condition for obtaining the excavation permit shall further guarantee the applicants compliance with the provisions of Article XII, Street Plate Bridging Regulations. No additional restoration deposit shall be required for the issuance of a street plate permit except as provided for herein.

Section 10. That this ordinance shall take effect on September 1, 2008.

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Approved as to form and legality:

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Brian T. Rabineau

Assistant City Attorney