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
Sec. 64_4. Construction
or repair by property owner of facilities in adjacent right_of_way.
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
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
(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
(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
(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.
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
gutters, sidewalks and driveways: two years.
cement concrete and asphaltic concrete pavement: two years.
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.
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
injury, each person: $100,000.00;
injury, each occurrence: $300,000.00;
damage, each occurrence: $50,000.00; and
damage, aggregate: $100,000.00;
with the bond or insurance
sureties to be approved by the director of finance.
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.
(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.
as to form and legality: