ORDINANCE __________________

AN ORDINANCE relating to Street and Sidewalk Use, amending Sections 15.04.074, 15.17.020, 15.17.050, 15.50.040, 15.50.070 and 15.50.080 of the Seattle Municipal Code; repealing Sections 15.48.050, 15.50.050, and 15.50.060; adding new Sections 15.17.080 and 15.48.900 and Chapter 15.91 to Title 15 of the Seattle Municipal Code; and adopting a new Street Use Permit Fee Schedule.

WHEREAS, current city code disallows vending in the vicinity of the Kingdome, the Kingdome was demolished, and new sport stadiums have been constructed in the vicinity of where the Kingdome once stood that are attracting millions of fans to sporting events each year; and

WHEREAS, many entrepreneurs have established small businesses in the public right-of-way surrounding the new sports stadiums selling food and merchandise to sports fans attending games; and

WHEREAS, current city code strictly regulates street vending, does not permit street vending of merchandise from tables anywhere in the City, only allows street vending of food and flowers from a cart, and requires a Street Use Permit for anyone wishing to use the public right-of-way for vending or any other purpose; and

WHEREAS, the excitement of attending a professional sporting event begins before one enters the stadium, street vendors contribute to the festive atmosphere of ball games, provide consumer choices at a competitive price, contribute to Seattle's tax base through the payment of Sales and Business and Occupation Taxes, and could operate as legitimate small businesses in Seattle if granted the authority to vend in the public right-of-way; and

WHEREAS, street vending impacts the public health, safety and welfare and must be strictly regulated by Seattle Transportation in order to protect the public, a system of granting street use permits creates an easy and equitable means of regulating the activities of street vendors; and

WHEREAS, the current enforcement system for processing Street and Sidewalk Use Code violations recognizes that the majority of citizens will voluntarily comply with the code requirements once they are aware of a violation; and

WHEREAS, the current enforcement system can be changed to be more effective in dealing with the more difficult street and sidewalk use cases, particularly those involving repeat offenders and property owners who are unwilling to comply with the City's requirements; and

WHEREAS, it is appropriate that the Street and Sidewalk Use Code should discourage repeat violations by imposing increasing penalties; and

WHEREAS, enforcement of the Street and Sidewalk Use Code should efficiently use resources and focus the most resources on difficult cases; and

WHEREAS, because violations of the Street and Sidewalk Use Code have a serious impact on the community, it is sometimes appropriate to assess a penalty irrespective of how quickly the violation is cured in order to deter such violations; and

WHEREAS, it is appropriate to utilize this new enforcement tool on Street and Sidewalk Use Code violations that are readily and clearly identifiable; that have a significant impact on the surrounding community; and that include a high percentage of the Street and Sidewalk Use Code enforcement cases; and

WHEREAS, Seattle Municipal Code Section 15.04.074 authorizes and directs the Director of Transportation to prepare and recommend for adoption a schedule of fees commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits and the use thereby granted; and

WHEREAS, enforcement against violators is necessary to protect the public health, safety and welfare, and effective implementation of the street use permit program requires consistent ongoing enforcement against violators, even though most vendors will conduct their business in accordance with all rules and regulations required by a Street Use Permit; and

WHEREAS, some vendors will not perceive the value of a street use permit and may not apply for a street use permit if they see that those conducting their business without a permit are able to do so without threat of sanction; and

WHEREAS, the Department of Transportation must pay Inspectors to work overtime when enforcing the Street and Sidewalk Use Code on many game-days, and the Department of Transportation bears other costs for administration of this program, but has no other source of funds to cover the substantial costs of administering and enforcing this program; and

WHEREAS, adopting the attached fee schedule will ensure that fees are commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits and the use thereby granted; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. SMC 15.04.074 is amended as follows:

SMC 15.04.074 Permit -Fees.

A. From time to time the Director of Transportation shall prepare and recommend for adoption by the City Council a schedule of fees applicable to all such permits for public places under the jurisdiction of Seattle Transportation. The Director of the Office of Economic Development shall prepare and recommend for adoption by the City Council a schedule of fees applicable to master filming permits. The Superintendent shall prepare and recommend a schedule of fees applicable to permits for use of public places under the jurisdiction of the Department of Parks and Recreation, and the Director of Design, Construction and Land Use shall recommend a schedule of fees applicable to permits required by Section 15.44.020. The fee schedule, when adopted by ordinance, shall govern the amount of the fee for permits heretofore or hereafter issued. The amount of the fee shall be commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of such permits and the use thereby granted. Fees for use of shoreline street ends may take into consideration City policy of discouraging encroachments inconsistent with the public right of access to shorelines and may be included in the schedule of fees for use of public places under the jurisdiction of Seattle Transportation. Fees for use of park drives and boulevards may take into consideration City policy of discouraging encroachments inconsistent with their park-like character and may be included in the schedule of fees for use of facilities of the Department of Parks and Recreation.

B. The fee shall be collected as a condition to the issuance or continuance of any such permit or use except when such permit is issued as a component of a master filming permit pursuant to SMC Section 15.35.010. In order to effectuate collection of such fees the Director of Transportation, the Director of the Office of Economic Development as to master filming permits, or the Superintendent as to public places under the jurisdiction of the Department of Parks and Recreation, shall promptly notify holders of outstanding permits issued to pay the applicable fee or the permit will be revoked. The rate in the schedule for master filming permits shall identify which, if any, of the factors identified in SMC Section 15.35.020 are taken into consideration in setting the rate and which are to be determined with respect to particular applications.

C. Upon petition by a public agency for a vacation of street area, street use fees for such street area shall be suspended if the Director of Transportation finds that such public agency, as a current practice, would convey to, or permits use by, the City of a portion of the public agency's property for street or other public purpose without charge; provided, should the street vacation petition be denied, street use fees shall be payable for the full period of use.

D. When a use requiring a permit is made of a public place without first obtaining the permit, the fee shall be double the amount provided in the schedule of fees. The double fee shall apply only to the first tenure of the permit.

E. Fees for the use of public places under the jurisdiction of the Department of Parks and Recreation shall be deposited to the credit of the Park and Recreation Fund; beginning January 1, 2001, fees for the use of shoreline street ends and vending permit fees shall be deposited to the credit of the Transportation Operating Fund; all other fees shall be deposited to the credit of the General Fund.

Section 2. SMC 15.17.020 is amended as follows:

SMC 15.17.020 Mobile vending in restricted area.

Selling is permitted in public places in the areas described in Section 15.17.010 by persons on foot along the route of any parade for which a permit has been issued by the Police Department while the parade is in progress and for one (1) hour prior to its commencement.

Selling by persons on foot is also permitted in public places in such areas when authorized by a permit for a crowd control event issued pursuant to Chapter 15.52 and the selling is in accordance with the terms of the permit.

A "mobile food-service unit" licensed by the Public Health Department may sell food and beverages from a vehicle in public places in such areas to personnel at business and industrial establishments and at construction sites on a pre-arranged route or a prearranged schedule. The driver and vehicle are subject to the Traffic Code, Title 11.

Nothing in this section authorizes selling as prohibited by Section 15.17.050 in the vicinity of the Kingdome.

Section 3. SMC 15.17.050 is amended as follows:

SMC 15.17.050 Street vending near the KingdomeNo vending zone.

It is unlawful to sell, offer to sell, solicit orders, rent, lease, or otherwise peddle any goods or services in a public place within the area bounded by the south margin of South Royal Brougham Way, the east margin of First Avenue South, the north margin of South Atlantic Street and the west margin of Third Avenue South north margin of South Jackson Street, the east margin of 4th Avenue South, the south margin of South Atlantic Street and the west margin of First Avenue South within two (2) hours of the commencement of for the day (a twenty-four hour period from midnight to midnight) of any event scheduled at Safeco Fieldthe Kingdome or during the progress of any such event, or within one (1) hour following the conclusion of the event.

Nothing herein shall restrict the sale of publications from newsstands that are located within the area described above in accordance with Chapter 15.14, nor the exercise of liberties guaranteed by the Washington or United States constitutions.

Section 4. A new Section 15.17.080 is adopted to read as follows:

SMC 15.17.080 Stadium Event Vending.

An authorizing official may issue a permit to authorize the use of a public place within the area bounded by the north margin of South Jackson Street, the east margin of Fifth Avenue South, the north margin of Airport Way South, the east margin of Sixth Avenue South, the south margin of South Holgate Street, and the west margin of Alaskan Way South, except that during Safeco Stadium Events vending shall not be permitted on Occidental Avenue South between Railroad Avenue South and South Jackson Street, for the sale of goods, wares, merchandise, services, food and nonalcoholic beverages from a temporary display table, stationed at an authorized site for stadium events, under the following terms and conditions:

A. Vending of food and beverages must meet all standards established by the Seattle-King County Health Department, and if propane or a combustible fuel is used, the requirements of the Fire Department;

B. Food and beverages sold must be capable of immediate consumption;

C. The display tables must be removed from the public place after business hours;

D. The vendor must provide public liability insurance naming the City as an additional insured in an amount determined by the authorizing official by rule;

E. The vending site must be kept clean at all times. The vendor must supply a refuse container;

F. No mechanical audio or noise making device is allowed;

G. Electrical utility connections are permitted to the adjacent property, but no lines may be extended overhead or upon the sidewalk;

H. The vendor must present to the City written approval for the vending by the adjoining property owner and/or tenant; if the tenant and property owner disagree, the property owner's decision controls;

I. The vendor displays the permit at the vending site in a manner approved by the authorizing official; and

J. The vendor satisfies all the conditions of its permit and such other criteria and requirements as the authorizing official may establish from time to time by rule in the public interest.

Section 5 A new Section 15.48.900 is adopted to read as follows:

SMC 15.48.900 Civil penalty.

A. Each violation of Section 15.48.040 shall be a civil infraction as contemplated by RCW Chapter 7.80 and deemed to be a Class 3 civil infraction under RCW 7.80.120(c), and shall subject the violator to a maximum penalty and a default amount of Fifty Dollars ($50.00) plus statutory assessments. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty.

B. Each violation of Section 15.48.100 shall be a civil infraction as contemplated by RCW Chapter 7.80 and deemed to be a Class 1 civil infraction under RCW 7.80.120(a), and shall subject the violator to a maximum penalty and default amount of Two Hundred Fifty Dollars ($250.00) plus statutory assessments. The penalty for a civil infraction is in addition to the civil liability of the person responsible for the posting to the City for the cost of removal under Sections 15.48.120 and 15.48.130.

C. As contemplated by RCW 7.80.160, a person who fails to sign a notice of civil infraction or who willfully violates his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A person who willfully fails to pay a monetary penalty or perform community service as ordered by a court may be found in contempt of court as provided in chapter 7.21 RCW.

Section 6. SMC 15.50.040 is amended as follows:

SMC 15.50.040 Criminal offenses -Penalty.

A. Anyone who shall violate or fail to comply with any of the following provisions of this title, shall upon conviction be punished by a fine in a sum not exceeding Three Thousand Dollars ($3,000.00) or by imprisonment for a term not exceeding thirty (30) days or by both such fine and imprisonment:

15.04.010 "Use and Occupation Permits," Permit - Required 15.16.010 "Sidewalk Cafes," Permit - Required 15.17.005 "Vending," Vending and display in public places 15.17.010 "Vending," Areas where mobile vending is restricted 15.17.050 "Vending," Street vending near the Kingdome 15.20.010 "Building Cleaning or Painting," Permit - Required 15.22.010 "Building Construction/Demolition," Compliance required (mixing of mortar or concrete) 15.28.010 "Building and Equipment Moving," Permit required 15.32.010 "Franchise and Public Utility Permits and Regulations," Permit - Required 15.40.010 "Warning Lights and Barricades," Lights and barricades required - Posting on obstructions in streets 15.40.050 "Warning Lights and Barricades," Unlawful acts designated 15.44.003 "Excavations and Fills," Permit - Required 15.44.010 "Excavations and Fills," Barricades and warning devices 15.44.020 "Excavations and Fills," Excavation and fill near public place - Permit 15.46.030 "Debris in Public Places," Deposits in street or gutter 15.48.020 "Miscellaneous Acts," Barbed wire or electric fence 15.50.020 "Enforcement," Removing or destroying notices prohibited

(Quotation marks above enclose chapter headings.)

B. The fine and the limitation on the amount of the fine excludes such amounts, if any, as may be imposed for restitution. Sums imposed as restitution shall be in addition to the fine.

C. In the event a violation or failure to comply falls within Section 18.12.070 then Section 18.12.07 applies rather than this section.

Section 7. SMC 15.48.050 is repealed.

Section 8. SMC 15.50.050 is repealed.

Section 9. SMC 15.50.060 is repealed.

Section 10. SMC 15.50.070 is amended as follows:

SMC 15.50.070 Assignment of civil liability only.

The following sections set standards, assign civil liability for a condition or action, but do not establish criminal offenses or civil infractions:

15.05.030 B "Constitutional Liberties," General restrictions

15.05.040 "Constitutional Liberties," Vending by nonprofit organizations

15.16.040 B "Sidewalk Cafes," Terms and conditions (of permits).

15.28.040 "Building and Equipment Moving," Removal or trimming of trees or shrubbery

15.32.070 "Franchise and Public Utility Permits and Regulations," Additional ducts or conduits

15.32.080 "Franchise and Public Utility Permits and Regulations," Joint use poles

15.32.090 "Franchise and Public Utility Permits and Regulations," City use for governmental

communication

15.38 "Impounding"

15.42.015 "Planting Trees and Shrubs," Tree-root damage -Liability

15.42.030 "Planting Trees and Shrubs," Contact with telephone or electric wires

15.46.040 "Debris in Public Places," Owner's and contractor's responsibility

15.48.010 "Miscellaneous Acts," Snow and ice removal

Section 11. SMC 15.50.080 is amended as follows:

SMC 15.50.080 Citation, prosecution, and civil actions.

A. A prosecution for a criminal offense identified in Section 15.50.040 may be initiated by an arrest or by citation and notice on the manner authorized by the criminal rules for courts of limited jurisdiction promulgated by the Washington Supreme Court.

B. An action for a penalty for a civil infraction may be initiated by the issuance, service, and filing of a notice of civil infraction as contemplated by RCW 7.80.050 and the infraction Rules for Courts of Limited Jurisdiction (IRLJ). For purposes of RCW 7.80.040, the "enforcement officer" authorized to enforce the provisions of this title are: (1) as to park drives and boulevards, the Superintendent of Parks and Recreation, and as to other public places, the Director of Transportation; (2) authorized representatives or assistants of either of them; and (3) a commissioned officer of the Seattle Police Department and a person issued a Special Police Officer Commission by the Chief of Police with authority to enforce this title.

C. An action for a civil infraction shall be initiated and processed in the manner contemplated by RCW Chapter 7.80 and the Infraction Rules for Courts of Limited Jurisdiction. For purposes of RCW 7.80.040, the "enforcement officer" authorized to enforce the provisions of this title are: (1) as to park drives and boulevards, the Superintendent of Parks and Recreation, and as to other public places, the Director of Transportation; (2) authorized representatives or assistants of either of them; and (3) a commissioned officer of the Seattle Police Department and a person issued a Special Police Officer Commission by the Chief of Police with authority to enforce this title.

C.D. The City Attorney is authorized for and on behalf of The City of Seattle to bring a prosecution for a criminal and civil penalty in order to enforce this title as needed, appropriate and bring a civil action for damages and/or injunctive relief.

Section 12. A new Chapter SMC 15.91 is adopted to read as follows:

SMC 15.91.002 Scope.

A. Violations of the following provisions of Seattle Municipal Code Title 15 shall be enforced under the citation or criminal provisions set forth in this Chapter 15.91 by the Director of Transportation:

1. Marquees, Awnings, Canopies, and Decorative Elements (SMC Chapter 15.10); 2. Signs, Banners and Street Clocks (SMC Chapter 15.12); 3. Newsstands (SMC Chapter 15.14); 4. Building Cleaning or Painting (SMC Chapter 15.20); 5. Vending (SMC Chapter 15.17); 6. Warning Lights and Barricades (SMC Chapter 15.40); 7. Debris in Public Places (SMC Chapter 15.46); 8. Snow and ice removal (SMC 15.48.010); 9. Barbed wire or electric fence (SMC 15.48.020);

B. Any enforcement action or proceeding pursuant to this Chapter 15.91 shall not affect, limit or preclude any previous, pending or subsequent enforcement action or proceeding taken pursuant to Chapter 15.50.

SMC 15.91.004 Citation.

A. Citation. If after investigation the Director determines that the standards or requirements of provisions referenced in Section 15.91.002 have been violated, the Director may issue a citation to the owner and/or other person or entity responsible for the violation. The citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a reasonable description of the location of the property on which the violation occurred; (3) a separate statement of each standard or requirement violated; (4) the date of the violation; (5) a statement that the person cited must respond to the citation within fifteen (15) days after service; (6) a space for entry of the applicable penalty; (7) a statement that a response must be sent to the Hearing Examiner and received not later than five (5:00) p.m. on the day the response is due; (8) the name, address and phone number of the Hearing Examiner where the citation is to be filed; (9) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this chapter; and (10) a certified statement of the Director's representative issuing the citation, authorized by RCW 9A.72.085, setting forth facts supporting issuance of the citation.

B. Service. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, on the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property.

SMC 15.91.006 Response to citations.

A. A person must respond to a citation in one (1) of the following ways:

1. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or

2. Requesting in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing a mailing address to which notice of such hearing may be sent; or

3. Requesting a contested hearing in writing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing a mailing address to which notice of such hearing may be sent.

B. A response to a citation must be received by the Office of the Hearing Examiner no later than fifteen (15) days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day.

SMC 15.91.008 Failure to respond.

If a person fails to respond to a citation within fifteen (15) days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.

SMC 15.91.010 Mitigation hearings.

A. Date and Notice. If a person requests a mitigation hearing, the mitigation hearing shall be held within thirty (30) days after written response to the citation requesting such hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing will be sent by first class mail to the address provided in the request for hearing not less than ten (10) days prior to the date of the hearing.

B. Procedure at Hearing. The Hearing Examiner shall hold an informal hearing which shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses may not be compelled to attend. A representative from the Department of Transportation may also be present and may present additional information, but attendance by a representative from the Department of Transportation is not required.

C. Disposition. The Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another.

D. Entry of Order. After hearing the explanation of the person cited and any other information presented at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and assessing a monetary penalty in an amount determined pursuant to this section. The Hearing Examiner's decision is the final decision of the City on the matter.

SMC 15.91.012 Contested hearing.

A. Date and Notice. If a person requests a contested hearing, the hearing shall be held within sixty (60) days after the written response to the citation requesting such hearing is received.

B. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for

hearing contested cases, except as modified by this section. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents.

C. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail, or defects or imperfections do not prejudice substantial rights of the person cited.

D. Amendment of Citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced.

E. Evidence at Hearing. The certified statement or declaration authorized by RCW 9A.72.085 shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under RCW 9A.72.085 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without further evidentiary foundation. The person cited may rebut the Department of Transportation evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation.

F. Disposition. If the citation is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and impose the applicable penalty. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in Section 15.91.010. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation.

G. Appeal. The Hearing Examiner's decision is the final decision of the City. Any judicial review must be commenced within thirty (30) days of service of the Hearing Examiner's decision in accordance with RCW 34.05.542.

SMC 15.91.014 Failure to appear for hearing.

Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.

SMC 15.91.016 Penalties.

A. First Violation. The first time that a person or entity is found to have violated one of the provisions referenced in Section 15.91.002, after the effective date of the ordinance codified in this chapter, the person or entity shall be subject to a penalty of One Hundred Fifty Dollars ($150).

B. Second and Subsequent Violations. Any subsequent time that a person or entity is found to have violated one of the provisions referenced in Section 15.91.002 within a five (5) year period after the first violation, the person or entity shall be subject to a penalty of Five Hundred Dollars ($500) for each such violation.

SMC 15.91.018 Alternative criminal penalty.

Any person who violates or fails to comply with any of the provisions referenced in Section 15.91.002 shall be guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request the City Attorney to prosecute such violations criminally as an alternative to the citation procedure outlined in this chapter.

SMC 15.91.020 Abatement.

Any public place on which there continues to be a violation of any of the provisions referenced in Section 15.91.002 after enforcement action taken pursuant to this chapter is hereby declared a nuisance and subject to abatement by the City in the manner authorized by law.

SMC 15.91.022 Collection of penalties.

If the person or entity cited fails to pay a penalty imposed pursuant to this chapter, the penalty may be referred to a collection agency. The cost to the city for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law.

SMC 15.91.024 Each day a separate violation.

Each day a person or entity violates or fails to comply with a provision referenced in Section 15.91.002 may be considered a separate violation for which a citation may be issued.

SMC 15.91.026 Additional relief.

The Director may seek legal or equitable relief at any time to enjoin any acts or practices that violate the provisions referenced in Section 15.91.002 or abate any condition that constitutes a nuisance.

Section 13. The Street Use Fee Permit Schedule authorized by, and attached to, Ordinance 119260 and amended by Ordinance 119673 is further amended to add new categories and fees as follows:

TYPE OF USE PERMIT FEE REQUIREMENTS

14D. Stadium Event $121.50/month or $729 Insurance Required Vending-Baseball for the regular season (April Sept.)

14E. Stadium Event $18/month or $90 Insurance Required Vending-Football for the season (Aug. Dec.)

14F. Stadium Event $9.00/day Insurance Required Vending -Special

The Director of Transportation is authorized to collect such fees in accordance with Chapter 15.04 of the Seattle Municipal Code.

Section 14. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 20___, and signed by me in open session in authentication of its passage this _____ day of _______________, 20___. ___________________________________ President of the City Council

Approved by me this _____ day of _______________, 20___. ___________________________________ Mayor

Filed by me this _____ day of _______________, 20___ ___________________________________ City Clerk

May 31, 2002 V #8 T STREET USE PERMITS

Effective 1/1/99, Authorized by Ordinance 119260 as Amended by Ordinance 119673 and Ordinance (Council Bill No. 114160)

TYPE OF USE PERMIT FEE REQUIREMENTS

1. Beautification, Pruning of trees in $68.00 Plus cost of field unopened right-of-ways, Landscaping and investigation and inspection Non Structural Rockeries in excess of one hour $285.00 Deposit

1A. Trees No Fee Trees Only

2. Small directional signs $68.00/ year

2A. Ground Signs (for identification $376.00/ year only)

3. Street barricading (for private $68.00 / year use)

3A. Street barricading (temporary for $68.00 Plus Deposit private use) (i.e.: special events, rallies, etc.)

4. Private car tracks (narrow gauge, 42 cents / lineal etc.) foot

$68.00 minimum

5. Clocks $68.00/ year

5A. Clocks posted on public places and No Fee designated Historic Landmarks

6. Signs, flags, company graphics, $68.00/ year etc. extending over public property

7. Structures and overhangs. 42 cents /sq. Indemnity Agreement required Street areas that are not shoreline ft./year street ends $68.00 minimum

7A. Structures and overhangs 11 cents per sq. Insurance required (underwater streets) ft. per month $68.00/ year minimum

7B. Ramp for primary access over $68.00/ year underwater streets

8. Ventilating ducts and private $68.00/ year maintenance holes

9. Underground vaults and service $68.00/ year boxes

11. Shoreline Street Ends (land Sq. ft. of use x Indemnity Agreement portions) Uses for structures, Demand Factor x overhangs, fences, material or equipment land value per sq. storage, trees, shrubs, lawns ft. x annualized rate (10%) Plus cost of inspection or survey time in excess of one hour.

12. Material storage or other uses not 42 cents / square covered elsewhere in foot schedule, and not in underwater street $68.00/ year minimum

12A. Moorage or other uses not covered 11 cents per sq. elsewhere in ft. schedule in underwater street per month $68.00/ year minimum

13. Temporary placement of materials or 42 cents / square items, not for construction, and not in foot for each four underwater street month period $68.00 minimum

14. Miscellaneous uses requiring $68.00/ year Insurance required renewable permit and insurance not covered by other kinds of Street use Permits

14A. Vending Carts $68.00/ year Insurance required

14B. Tables and Chairs $101.00/ year Insurance required maximum four tables

14C. 1st Amendment Vending $40/yr registration $35/mo site permit

14D. Stadium Event Vending Baseball $121.50/month or Insurance required $729 for the regular season (April Sept.)

14E. Stadium Event Vending Football $18.00/month or Insurance required $90 for the regular season (Aug. Dec.)

14F. Stadium Event Vending Special $9.00/day Insurance required

15. Placement of public art or $68.00 structure that has a public benefit

16. Areaways in existence prior to 42 cents / square Insurance required January 1, 1995. 40 cents / square foot Structural Inspection foot $68.00 / year required, two hour maximum @ minimum $300.00 total

16A. Inactive areaways in existence $68.00/ year Insurance required prior to January 1, 1995.

16B. Areaways built after January 1, Fee based upon Permit authorized by City 1995. Appraisal Council Ordinance

17. Sidewalk elevators, doors and $68.00/ year Insurance required similar installations minimum

18. Sidewalk cafes $1.29/ sq. ft./ Insurance required year $253.00 minimum

18A. Merchandise Display on sidewalks $1.29/ sq. ft./ Insurance required year $68.00 minimum

21. Underground storage tanks in street $567.00 /year area

21A. Non-public utilities aerial $68.00 / year cables, access hatches, flood lights, etc. for private usage.

21B. Underground storage tanks in street $68.00 /year area that are outfitted per Department of Ecology (D.O.E.) requirements, are not abandoned, and have a valid D.O.E. underground storage tank permit.

22. Shoring (for construction projects $567.00 Plus a deposit to pay for with DCLU project numbers that start City costs for review and with "94" or less) approval of shoring design and City costs for inspection and monitoring of the shoring system during installation and while the shoring system is providing support for the adjacent street right of way.

22A. Excavation COST PER LINEAL Plus cost of field DEPTH FOOT OF EXCAVATION investigation and inspection in excess of one hour. (for construction projects with DCLU $4.50 $228.00 $500.00 minimum deposit project numbers that start with minimum 0 10 5.50 456.00 "94" or less) minimum 6.50 689.00 10.1 15 minimum 6.50 1166.00 minimum 15.1 20

Over 20 feet

22B. Shoring unremoved, more than 21 $703.00 per pile Each pile must be removed to inches from property line a point 4 feet below finished grade

22C. Tank removal adjacent to street $106.00 $500 deposit area

23. Cornices, belt courses, $68.00 architectural features

25. Driveways $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

27. Awnings, marquees and canopies 42 cents / square (Plus # 27A if canopy with foot stanchions) $68.00 minimum $1,124.00 maximum

27A. Stanchions $68.00 / year Indemnity Agreement Required

28. Water service lines less than 2 $68.00 Plus cost of field inch diameter investigation and inspection time in excess of one hour $285.00 deposit (deposit held for minimum 60 days)

29. Fences and non-structural walls $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

29A. Structural retaining walls and $68.00 / year Plus cost of field rockeries investigation and inspection time in excess of one hour $285.00 deposit Indemnity Agreement required

31. Construction use: 42 cents / square Plus cost of field foot for each investigation and inspection Outside downtown four month period time in excess of one hour or portion thereof $68.00 minimum $285.00 deposit

31A. Downtown area: 1 to 4 months: $ Bounded by I-5, South Dearborn 0.61 per sq. ft. Street, per month Alaskan Way and Denny Way $68.00 minimum inclusive 5 to 8 months: $ 0.95 per sq. ft. per month $95.00 minimum

9 to 12 months: $ 1.24 per sq. ft. per month $124.00 minimum

Over 12 months: $2.47 per sq. ft. per month $247.00 minimum

For any construction project containing low-income 31C. Low income housing in Downtown housing, the fees Area shall be reduced by a percentage equal to the percentage of the project gross floor area to be used for low-income housing.

31B. Construction Dumpster 42 cents/ square (residential streets Downtown foot excluded $68.00 minimum

33. Contractor's trucks and equipment $68.00/year. Insurance required For each truck or unit,

$1,461.00 max.

34. Grade and gravel (temporary) $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

35. Clear and grub street or alley $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

37. New sidewalk with existing curb $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

38. Planting strip surfacing including $68.00 Plus cost of field required landscaping investigation and inspection time in excess of one hour $285.00 deposit

39. Weep holes $68.00

40. Roadway paving $68.00 Plus cost of field investigation and inspection time in excess of one hour $285.00 deposit

41. Bus shelter $68.00

42. Building demolition 15 cents / square Plus cost of field foot investigation and inspection $68.00 minimum time in excess of one hour $285.00 deposit

43. Tree removal or pruning (per $68.00 $285.00 damage/cleanup abutting lot when involving temporary deposit blocking of a street)

44. Mobile crane, manlift, boom truck, $68.00 / day $285.00 damage/clean up etc. deposit Insurance required

45. Private contract (major public $68.00 Plus cost of review, improvements) surveying, inspection, Engineering costs not included mapping and administration. Bond required

46. Waterproofing or similar surfacing $68.00 of concrete walks

47. Cross curb and walk with equipment $68.00 $285.00 damage deposit

48. Use of area over right of way for $68.00 for each building maintenance unit, $1,424.00 maximum

49. Street opening for miscellaneous $68.00 Test boring, pot holing etc. purposes $285.00 deposit required

50. Scaffold, swing staging or scissor 42 cents / front Plus cost of field manlift foot investigation and inspection Less than 60 days $68.00 minimum time in excess of one hour. $285.00 deposit

51. Utility system construction $68.00 Plus cost of inspection, mapping and related engineering services billed at $95.00/ hour

52. Street decorations: Banners, flower $68.00/ year Insurance required baskets, tree lights, etc.

54. Miscellaneous uses that are for the No Fee use of the public, e.g. a street park, shoreline street ends improvements, or plantings in a traffic circle per SMC 15.04.100 (for purposes of record keeping and permission granted as authorized by the Director of Seattle Transportation)

54A. Miscellaneous, for private $20.00 for each Plus cost of field temporary use of sidewalk period investigation and inspection for purposes not covered in other of up to 4 hours time in excess of one hour. categories $285.00 deposit

55. Sidewalk repair No Charge 50 sq. ft. or less no Inspection deposit time will be 51 to 100 sq. ft. $95.00 deducted deposit from deposit 101 to 500 sq. ft. $285.00 deposit 501 sq. ft. plus $570.00 deposit

56. Legal document preparation 74.00

57. Impound fee City cost plus 15% Minimum $39.00

58. Poster/sign removal from utility $53/poster/sign poles/street furniture/trees/shrubbery To reimburse City costs per Ordinance 117066 (SMC 15.48.120)

WW100. Installations and overhangs in 11 cents per state waterways square foot per month Piers, loading platforms, bridges, $68.00/ year scales overhead hoists, beams, cranes, minimum canopies with stanchions, ramps, steps, floating home access, overhangs, etc. (cornices excepted)

WW150. Use by non-profit organization $64.00 / year that under contract with the City, participates actively in City water-safety and boating safety programs for youth

WW200. Moorage or other use of state 11 cents per waterways not covered by Permit # WW100 square foot per month $68.00/ year minimum

WW250. Temporary moorage or other use 11 cents per of State waterways square foot x days days in month

Inspection Fee in excess of base fee $95/hour

Title 15 of the Seattle Municipal Code also authorizes the Director of Seattle Transportation and/or the Director of Construction and Land Use to require a surety bond or deposit for various permits when deemed to be in the public interest.

Payment is due within 30 days of the date of any invoice. Any invoice more than 90 days past due will be forwarded to a collection agency or the City Attorney's office for collection. All past due amounts will accrue interest at twelve percent (12%) per annum. In the event suit is commenced to collect on unpaid invoices, the prevailing party will be entitled to collect reasonable attorney's fees and costs of litigation. t