COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 070529
Amending Chapter 64, Code of
Ordinances, by repealing subsections (a) and (e) of Section 64-118, Excavation
Permit Fees, and in enacting in lieu thereof new subsections of like letter and
subject matter for the purpose of adjusting the required fees; repealing
Section 64-426, Permit Fee, and enacting in lieu thereof a new section of like
number and subject matter for the purpose of adjusting the permit fees for
street plate bridging; and repealing Section 64-434, Enforcement Policy, and
enacting in lieu thereof a new section of like number and subject matter for
the purpose of granting the Director of Public Works additional powers to
remove street plate bridging.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 64, Code of Ordinances, is hereby amended by repealing subsections (a)
and (e) of Section 64-118, Excavation Permit Fees, and enacting in lieu thereof
new subsections of like letter and subject matter, to read as follows:
Sec. 64-118. Excavation Permit
Fees.
(a) Application
fee. A nonrefundable fee in an amount sufficient to defray the expenses of
investigating the application, issuing the permit and inspecting the excavation
site shall be charged. The minimum application fee for all excavations up to
100 lineal feet shall be $77.00, and for each additional 100 lineal feet of
excavation or portion thereof an additional $77.00 shall be charged. Effective
May 1, 2008, the minimum application fee shall be increased to $112.00 for all
excavations up to 100 lineal feet, and for each additional 100 lineal feet of
excavation or portion thereof an additional $112.00 shall be charged. Effective
May 1, 2009, the minimum application fee shall be increased to $143.00 for all
excavations up to 100 lineal feet, and for each additional 100 lineal feet of
excavation or portion thereof an additional $143.00 shall be charged.
(e) Adjustment of
fees. The city manager shall have the authority to adjust the application
fees listed above to reflect the change in the producer price index (all
commodities, Kansas City, Missouri Kansas) published by the United States
Department of Labor, Bureau of Labor Statistics. If the costs of processing
the excavation permit falls below the fees being charged, the fees shall be
reduced to an amount equal to or less than the costs. The adjustments, if any,
shall be made annually by the city manager in conjunction with the adoption of
the annual budget of the city by filing a notice with the city clerk. Notwithstanding
anything herein to the contrary, the council may modify or waive the imposition
of the fees established herein if the council determines that it is in the
public interest to do so.
Section 2. That
all other subsections of Section 64-118 not specifically repealed and reenacted
above shall remain in effect.
Section 3. That
Chapter 64, Code of Ordinances, is hereby amended by repealing
Section 64-426, Permit Fee, and
enacting in lieu thereof a new section of like number and subject matter, to
read as follows:
Section 64-426. Permit Fee.
(a)
The street plate bridging permit shall be a no fee permit for the first
60 days. After day 60, the permit fee shall be $3.00 per day. Street plates
placed in excess of 90 days may be subject to removal by the director pursuant
to the provisions of 64-434.
(b) Double
fees. Absent an emergency situation, as defined by the director in rules and
regulations which reflect the need for prompt action to protect the public
safety, the fees established by this section shall be doubled for any permit
and associated inspection if work is commenced prior to obtaining a permit.
(c)
Waiver of fees. At the sole discretion of the director, all or part of
the fee may be waived if unique or unusual circumstances, as determined by the
director, so warrant.
(d) Adjustment
of fees. The director shall have the authority to adjust the fees listed in
this section to reflect the change in the consumer price index (all items/all
urban consumers/Kansas City, Missouri Kansas) published by the United States
Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall
be made annually by the director in conjunction with the adoption of the annual
budget of the city by filing a notice with the city clerk.
(e)
Use of fees. All fees collected pursuant to this section shall be
allocated to the public works department to be used for traffic control
purposes.
Section 4. 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 through the normal routine activities that include
inspecting the site, communicating, negotiating, and written warnings to the
applicant to resolve issues of noncompliance. However, 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 of Public Works, revoke
the permit, remove the street plate, 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
collection of outstanding fees).
In the case of street
plate placement exceeding 90 days, 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.
____________________________________________
Approved as to form and legality:
______________________________
Brian Rabineau
Assistant City Attorney