Form revised May 5, 2009

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Seattle Department of Transportation	Brian de Place / 233-3855	Stephen Barham / 733-9084

Legislation Title:

AN ORDINANCE relating to the management of city streets through: the modification of street and sidewalk use violation classifications and associated code violation penalties, and the coordination of inter-departmental street use permit activity; and amending Seattle Municipal Code 15.04.015, 15.04.074, 15.18.020, 15.91.002, 15.91.016 and Ordinance 122295.

· Summary of the Legislation:

This legislation provides Street Use with a more effective mechanism for assessing penalties. The current penalty for not obtaining a permit prior to beginning work is $300, and the contractor must apply for a permit in order for the penalty to be assessed. This legislation proposes to use the citation process to assess penalties for working without a permit. It also increases the penalty for a first violation to $500 and $1000 for a second violation that occurs within 5 years.  The Director of Transportation may issue a warning if it is a first time violation.  

This legislation also adds a wider range of violations to SMC Chapter 15 in the citation penalty framework of SMC 15.91.  Code violation citation authority is added to the following chapters and sections of the Street Use code:

§ Chapter 15.04.010   – No Permit.

§ Chapter 15.04.010   – Failure to comply with the conditions of the permit

§ Chapter 15.18          – Dangerous Structures on Adjoining Property.

§ Chapter 15.16          – Sidewalk Cafés

§ Chapter 15.24          – Scaffolds

§ Chapter 15.26          – Backfilling

§ Chapter 15.28          – Building and Equipment moving

§ Chapter 15.36          – Lifting heavy Equipment

§ Chapter 15.52          – Crowd Control Event

This legislation does not limit the City’s ability to use its enforcement authority under Chapter 15.90.

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

This legislation provides Street Use with a more effective mechanism for assessing penalties and thus obtaining compliance when no permit is obtained prior to beginning work in the public right of way.  The current system for assessing penalties does not effectively deter individuals or contractors from obtaining a Street Use permit prior to beginning work, as is required by SMC 15.04.010.  Currently, Street Use inspectors must require a contractor to apply for a permit before a penalty can be assessed for working in the public right of way without a permit.

With this legislation, SDOT is creating an incentive to obtain a permit before beginning work.  The legislation also allows SDOT to issue citations for more sections of SMC Chapter 15 when terms and conditions of a permit are not followed, such as not following a safe and approved traffic management plan.

To effectuate this change, the legislation removes the penalty language in SMC 15.02.074 and the Street Use Permit Fee Schedule and consolidates the language for administering penalties for these types of violations to SMC 15.91.002.

Finally, to better serve the public in administering compliance with SMC 15, language pertaining to the coordination and delegation of authority to supervise work in public places is streamlined. Specifically, SDOT or Parks may delegate to one another the authority to supervise and enforce permit compliance for work in particular public places.

_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 had, or will have, appropriations in other legislation, please provide details in the Notes section below.

Fund Name and Number	Department	Budget Control Level*	2009 Appropriation	2010 Anticipated Appropriation
TOTAL

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

Notes:  N/A

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	2009 Revenue	2010 Revenue
Transportation Operating Fund (10310)	Seattle Department of Transportation	Permit Fees (422490)	$2,404	$19,515
TOTAL			$2,404	$19,515

Notes:

The revenue projection under the existing fee structure is $27,000 per year based on 60 citations at $250 each plus 40 no-permit fees at $300 each.

The new anticipated revenue for 2009 is $29,404 based on 60 citations at $250 each; plus 30 no-permit fees at $300 each; plus 10 no-permit citations at $500 each; plus 4 permits at $101 each for areas under Parks jurisdiction where administration of the permit is delegated to SDOT.

The new anticipated revenue for 2010 is $46,515 based on 100 citations at $250 each; plus 40 no-permit citations at $500 each; plus 15 permits at $101 each for areas under Parks jurisdiction where administration of the permit is delegated to SDOT.

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

Position Title and Department	Position # for Existing Positions	Fund Name & #	PT/FT	2009 Positions	2009 FTE	2010 Positions*	2010 FTE*
TOTAL

* 2010 positions and FTE are total 2010 position changes resulting from this legislation, not incremental changes.  Therefore, under 2010, please be sure to include any continuing positions from 2009.

Notes: N/A

Do positions sunset in the future?  (If yes, identify sunset date): N/A

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 & #	Department	Budget Control Level*	2009 Expenditures	2010 Anticipated Expenditures
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?

If the legislation is not implemented, the revenue estimated above would not be collected.

· Does this legislation affect any departments besides the originating department? 

Yes.  The Hearing Examiner’s office may see an increase in their citation volume with the addition of the no permit penalty citation.  With regard to Seattle Parks and Recreation, if the authorizing official decides to delegate their authority, fees that would have gone into the Park and Recreation Fund would be foregone.

· What are the possible alternatives to the legislation that could achieve the same or similar objectives?

No other alternatives have been identified.  This is an appropriate use of the Department’s regulatory authority.

· Is the legislation subject to public hearing requirements: 

No.

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

This legislation is coordinated with and subsequent to the changes to the Street Use permit process that include a tighter plan review process timeline.  With improvements to the plan review process, SDOT expects that there will be fewer reasons applicants do not obtain a permit.

Please list attachments to the fiscal note below: