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all other subsections of Section 64-119 not specifically repealed and reenacted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.
____________________________________________
Approved as to
form and legality:
______________________________
Brian T.
Rabineau
Assistant City Attorney