Form revised December 9, 2004

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Seattle Department of Transportation	Richard Richmire/4-0391	Jennifer Devore/5-1328

Legislation Title: AN ORDINANCE relating to enforcement of Seattle Municipal Code Title 15, the Street and Sidewalk Use Code, expanding the list of violations of Title 15 to be enforced under the citation or criminal provisions set forth in Chapter 15.91, increasing penalties for the first citation, enhancing the penalty for peak period violations enforced under the provisions set forth in Chapter 15.90, amending Chapters 15.90 and 15.91 of the Seattle Municipal Code, and adopting a new Street Use Permit Fee Schedule.

· Summary of the Legislation:

This ordinance adds civil citation authority to several items from SMC Title 15, the Street Use code, which are generally one-time or short-term events that are appropriately issued a civil citation. Violations of the following sections of Title 15 are added to the existing list of citable offenses:

· Obstruction of utility or traffic facilities (SMC 15.22.050);

· Removal of earth and debris (SMC 15.22.060);

· Mixing of mortar or concrete (SMC 15.22.070);

· Permit to drive over sidewalk or curb (SMC 15.22.100);

· Barricades and warning devices (SMC 15.44.010).

Additionally, as an increased deterrent to violating Title 15, civil citation penalties for first time violations are increased from $150 to $250, and a peak period penalty enhancement of up to $1000 per day is added to the existing Notice of Violation authority. Finally, in recognition of the fact that the nature of some work will require a small number of permittees to use the right- of-way during peak periods, the Street Use Permit Fee Schedule is amended to include a ‘mobility impact surcharge’ for those users granted permission to work in the right-of-way on arterial streets during peak hours.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

Ordinance 120822 granted civil citation authority for a limited number of items from Title 15, primarily short-term violations of the code. The Department has identified other sections of Title 15 that are frequently violated, and are short-term in duration. The ability to issue civil citations for these violations would allow SDOT inspectors to use their inspection time more efficiently and resolve these problems in the public right-of-way quickly, with a less cumbersome enforcement process that has previously been available, such as contacting the responsible party in writing and demanding that these acts are not repeated in the future. Additionally, in anticipation of the many major transportation projects planned for the near future, the Department seeks penalties for those in non-compliance with Street Use permit conditions during the peak hours when obstructing the right-of-way will result in negative impacts to traffic flow and mobility.

· Please check one of the following:

____ This legislation does not have any financial implications. (Stop here and delete the remainder of this document prior to saving and printing.)

_X__ This legislation has financial implications. (Please complete all relevant sections that follow.)

Appropriations:  This table should reflect appropriations that are a direct result of this legislation.  In the event that the project/ programs associated with this ordinance have appropriations that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below.

Fund Name and Number	Department	Budget Control Level*	2005 Appropriation	2006 Anticipated Appropriation
N/A	N/A	N/A	N/A	N/A
TOTAL

*See budget book to obtain the appropriate Budget Control Level for your department.

Notes:  Anticipated Revenue/Reimbursement: Resulting From This Legislation: This table should reflect revenues/reimbursements that are a direct result of this legislation.  In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Fund Name and Number	Department	Revenue Source	2005 Revenue	2006 Revenue
Transportation  Operating  Fund (10310)	Seattle Department of Transportation	442490, Other Protective Inspection FE	$2,415	$9,660
TOTAL			$2,415	$9,660

Notes:  2006 revenue amounts are based on estimates of collecting six mobility impact surcharges per year (one every two months); six Notices of Violation for peak hour violations (one every two months); and six civil citations (one every two months). The 2005 revenue amount is derived as one-quarter of the 2006 amount, since the ordinance will be in effect for the fourth quarter of 2005 only.

Total Regular Positions Created Or Abrogated Through This Legislation, Including FTE Impact:  This table should only reflect the actual number of positions created by this legislation  In the event that positions have been, or will be, created as a result of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Position Title and Department*

Fund Name

Fund Number

Part-Time/ Full Time

2005 Positions

2005 FTE

2006 Positions**

2006 FTE**

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

TOTAL

*   List each position separately

** 2006 positions and FTE are total 2006 position changes resulting from this legislation, not incremental changes. Therefore, under 2006, please be sure to include any continuing positions from 2005

Notes:

· Do positions sunset in the future?  (If yes, identify sunset date):

Spending/Cash Flow: This table should be completed only in those cases where part or all of the funds authorized by this legislation will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects).  Details surrounding spending that will occur in future years should be provided in the Notes section below the table.

Fund Name and Number	Department	Budget Control Level*	2005 Expenditures	2006 Anticipated Expenditures
N/A	N/A	N/A	N/A	N/A
TOTAL

* See budget book to obtain the appropriate Budget Control Level for your department.

Notes:

· What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)

None

· What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)

None

· Is the legislation subject to public hearing requirements:  (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)

No

· Other Issues (including long-term implications of the legislation):

Please list attachments to the fiscal note below: