ORDINANCE NO. 010278

Amending Chapter 64, Code of Ordinances, by repealing Section 64-4, Construction or repair by property owner of facilities in adjacent right-of-way, and enacting in lieu thereof a new Section 64-4, increasing certain fees in that section.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 64, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 64-4, Construction or repair by property owner of facilities in adjacent right-of-way, and enacting a new Section 64-4, to read as follows:

Sec. 64_4. Construction or repair by property owner of facilities in adjacent right_of_way.

(a) Permit required; issuance of permit. The director of public works is hereby authorized to issue special permits, upon request, to owners of private property, or their representatives or contractors, to grade, construct, repair or reconstruct pavements, curbs, gutters, driveways from curb to property line, sidewalks, sewers, street lighting systems and appurtenances, at their own expense, in the public streets or alleys adjacent to or running through their property, when such facilities are, in his judgment, reasonably necessary. No person shall begin any such improvement until such permit shall have been issued.

(b) Authorization of work under building permit. Authorization for construction of such sidewalks and driveways within street rights_of_way adjacent to any lot on which a residential building is proposed may, at the option of applicant, be included in the building permit for that structure.

(c) Plans and specifications.

(1) Plans for the work shall be prepared by such owners and submitted to the director of public works for his approval. The plans shall indicate the location, extent and character of the work proposed to be done, with an estimate of the amount of the various materials, installation and services to be incorporated in the work. The plans shall have cross sections, profiles and other information as are ordinarily included in plans prepared in the office of the director of public works for like work. The plans shall conform to and the work shall be done according to the standard specifications of the city for public work of like character.

(2) All such work shall be done under the direction and supervision and to the satisfaction of the director of public works.

(d) Sewer construction.

(1) The granting of this special permit and the construction of the sewers or appurtenances does not exempt the property served by it from being taxed for the construction by the city of sewers in the districts or in the joint districts now or hereafter established in which such sewerage facilities may be constructed, and the city shall not be bound by the construction of any such sewerage improvements to consider that the properties served by it constitute a separate sewer district or districts. All sewers authorized by this special permit shall become the property of the city, and the city shall have the right and power to make use of, to reconstruct or to change the sewers to provide for the proper sewering of the drainage area.

(2) Nothing in this subsection shall be construed to mean that the property owner or his assigns shall be denied the right to use the sewers up to the approved designed capacities, as approved by the director of health and the director of public works. Acceptance of the completed facility by the director of public works shall be made only after receipt of reproducible as_built plans.

(3) The director of public works is hereby authorized to refuse the issuance of building permits or sewer construction permits for any residence, building or structure where such an addition, as determined by the director of public works, would result in exceeding the design capacities of the sewers or sewerage facilities authorized in the special permit.

(e) Performance and maintenance bond.

(1) The director of public works shall require the permittee to furnish a performance and maintenance bond, approved by the director of finance, equal to the estimated cost of the work; except where authorization for the construction of sidewalks and driveways within street rights_of_way, required by ordinance, has been granted by their inclusion in the building permit; and except where the requirement is waived as provided in subsection (e)(2) of this section. The bond shall guarantee performance and completion of the work to the satisfaction of the director of public works, within a time limit specified on the special permit. The bond shall also guarantee maintenance of various types of work for the following periods:

a. Grading: one year.

b. Curb, gutters, sidewalks and driveways: two years.

c. Portland cement concrete and asphaltic concrete pavement: two years.

d. Sewers and appurtenances: three years.

(2) Where the permit is for sidewalks, curbs or driveways and the estimated cost of the work is $2,000.00 or less, the director may waive the requirement for a bond provided the owner of the abutting property requests such waiver in writing on forms to be provided by the director.

(f) Indemnification of city during construction. Before any permit is issued under this section, the permittee shall file a bond conditioned to protect and save harmless the city from all claims for damage or injury or death to other persons by reason of such construction work; or in lieu of such bond the permittee may file with the city a certificate of public liability insurance in favor of the city, indemnifying the city for claims for damage or injury. The limits and liability of the bond or insurance shall not be less than the following:

(1) Personal injury, each person: $100,000.00;

(2) Personal injury, each occurrence: $300,000.00;

(3) Property damage, each occurrence: $50,000.00; and

(4) Property damage, aggregate: $100,000.00;

with the bond or insurance sureties to be approved by the director of finance.

(g) Permit fee; other fees.

(1) As a condition for issuance of any permit under this section for construction of streets, alleys, street lights, storm sewers, and sanitary sewers, the applicant shall pay a fee in the amount of eight percent of the estimated cost of the construction to cover the cost of supervision and inspection services, but in no case shall the fee be less than $10.00.

(2) As a condition for issuance of any permit under this section for the repair or replacement of existing sidewalks, driveways, curbs and gutter sections, the fee for supervision and inspection services shall be eight percent of the estimated cost of the repair or replacement, but in no case shall the fee be less than $10.00.

(3) The estimated cost of construction shall be an estimate based on the costs of similar construction, current at the time of application for permit. This estimate of cost shall be subject to the approval of the director of public works.

(4) Where authorization for the construction of sidewalks and driveways within street rights_of_way, required by ordinance, adjacent to any lot for which a residential building is proposed, is included in a building permit, such fee shall be $70.00 for interior lots and $105.00 for corner lots. Such fees shall be collected as part of the building permit fee.

(h) Penalty.

(1) Any person, whether owner, representative, contractor, subcontractor or foreman, who shall grade, construct, repair, reconstruct or alter any public street, pavement, curb, gutter, driveway, sidewalk or sewer within any public way, or any public sewer adjacent to or running through any private property within a public right_of_way, without first securing a special permit therefor, issued by the director of public works, shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be fined in a sum not less than $50.00 and not more than $500.00.

(2) For every day after the conviction of any person for the violation, failure, neglect or refusal to comply with any provision, regulation or requirement of this section, that such violation is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense, for which he may be again arrested and tried, and, upon conviction, be punished as in the first offense.

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Approved as to form and legality:

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Assistant City Attorney