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Legislation #: 070529 Introduction Date: 4/26/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
4/26/2007 Filed by the Clerk's office
4/26/2007 Referred to Transportation and Infrastructure Committee
5/2/2007 Hold On Agenda (5/16/2007)
5/16/2007 Hold On Agenda (5/30/2007)
5/30/2007 Advance and Do Pass as a Committee Substitute, Debate
5/31/2007 Passed as Substituted

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070529.pdf Authenticated 151K Authenticated
fact sheet street cut ordinance.xls Other 58K fact sheet

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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