ORDINANCE _________________

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 interdepartmental 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.

WHEREAS, Seattle Municipal Code (SMC) 15.04.074 authorizes and directs the Director of Transportation to impose a penalty for not securing a Street Use permit prior to beginning work; and

WHEREAS, to streamline the administration of penalties, the Street Use Permit Fee Schedule, adopted by Ordinance 122295, should no longer authorize the penalty for when a permit is not obtained; and

WHEREAS, penalty language for not obtaining a Street Use permit should be incorporated into the administration of citations as described in SMC 15.91.002; and

WHEREAS, to improve public safety by providing a more effective deterrent for not obtaining a permit, the Director of Transportation proposes to increase the penalties for not obtaining a permit from $300 to $500 for first-time violations, and to $1000 for any subsequent violation; and

WHEREAS, to better serve the public, the coordination and delegation of authority to enforce and supervise work in public places should be simplified; and

WHEREAS, to improve public safety and achieve greater compliance, a wider range of violations should be included in Chapter 15.91; and

WHEREAS, violations of SMC Section 15.04.010 and Chapters 15.16, 15.18, 15.24, 15.26, 15.28, 15.36 and 15.52 should be included in Chapter 15.91; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Street Use Permit Fee Schedule adopted by Ordinance 122295 and as shown in Attachment A to this ordinance is amended as follows:

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Other Fees and Charges

Hourly Charge for Street Use service including but not limited to: $150 review, investigation, inspection, drafting, design guidance, document preparation and other activities related to the administration of the permit.

Penalty Fee (No Job Start Call No Permit $300

Pre-Submittal Consultation Fee $375 A Deposit may be required Amount determined based on services requested.

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Section 2. Subsection E of Section 15.04.015, last amended by Ordinance 122824, is amended as follows:

15.04.015 Authorizing Official.

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E. In order to better coordinate the administration of this title, for a particular event or project, any of the foregoing officials may delegate to another authorized authorizing official, the issuance authority to issue of any particular permit permits or its to supervision supervise the public place. When the

appropriate official to process an application is uncertain, the Director of Transportation may receive and forward the materials to the appropriate official.

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Section 3. Section 15.04.074, last amended by Ordinance 121334, is amended as follows:

15.04.074 Permit -Fees.

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D. Except as provided in Subsection E of this Section, 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. D. When a use of a public place for which a Master Filming Permit may be obtained under Seattle Municipal Code Ch. 15.35 is made without first obtaining such a permit or the required component permits, the fee shall be $500.

F. E.Fees for the use of public places under the jurisdiction of the Department of Parks and Recreation shall be deposited in the Park and Recreation Fund; all other fees under the jurisdiction of Seattle Transportation shall be deposited in the Transportation Fund. If the Superintendent of Parks delegates the administration of this title to the Director of Transportation, fees resulting from permits for the use of the public place that were administered by the Director of Transportation shall be deposited into the Transportation Fund.

Section 4. Section 15.18.020, last amended by Ordinance 118409, is amended as follows:

15.18.020 Construction of covered way.

If the hazardous condition described in Section 15.18.010 has not been corrected by the owner or agent within the ten (10) day period, the owner or agent shall be notified to obtain a permit for the construction and maintenance of a covered way over that portion of the sidewalk or street area as directed by the Director of Transportation, or in the case of boulevards and park drives, by the Superintendent of Parks and Recreation. The covered way shall comply with the standards in Section 15.22.120, and with specifications in City manuals for work in public places. An owner or agent who fails to begin and complete construction according to a permit or to obtain such permit in the time specified is subject to the penalties in Chapter 15.50 Section 15.91.002. In addition, the City may cause such covered way to be constructed and charge the cost plus fifteen percent (15%) thereof against the property described, and such charges shall be collected in the manner of the collection of debts.

Section 5. Section 15.91.002, last amended by Ordinance 121925, is amended 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. Use and Occupation Permits No permit obtained. (SMC 15.04.010);

2.1. Marquees, Awnings, Canopies, and Decorative Elements (SMC Chapter 15.10);

3.2. Signs, Banners and Street Clocks (SMC Chapter 15.12);

4.3. Newsstands (SMC Chapter 15.14);

5.4. Building Cleaning or Painting (SMC Chapter 15.20);

6.5. Vending (SMC Chapter 15.17);

7.6. Warning Lights and Barricades (SMC Chapter 15.40);

8.7. Debris in Public Places (SMC Chapter 15.46);

9.8. Snow and ice removal (SMC 15.48.010);

10.9. Barbed wire or electric fence (SMC 15.48.020);

11.10. Obstruction of utility or traffic facilities prohibited (SMC 15.22.050);

12.11. Removal of earth and debris (SMC 15.22.060);

13.12. Mixing of mortar or concrete (SMC 15.22.070);

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

15.14. Barricades and warning devices (SMC 15.44.010).

16. Dangerous Structures on Adjoining Property (SMC Chapter 15.18)

17. Permit Required failure to comply with conditions of permit (SMC 15.04.010)

18. Sidewalk Cafes (SMC Chapter 15.16)

19. Scaffolds (SMC Chapter 15.24)

20. Backfilling (SMC Chapter 15.26)

21. Building and Equipment Moving (SMC Chapter 15.28)

22. Lifting Heavy Equipment (SMC Chapter 15.36)

23. Crowd Control Event (SMC Chapter 15.52)

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 15.90.

Section 6. Section 15.91.016, last amended by Ordinance 121925, is amended as follows:

SMC 15.91.016 Penalties.

A. First Violation. The first time a person or entity is found to have violated Section 15.91.002.A.1 by not obtaining a permit prior to beginning work, the person or entity shall be subject to a penalty of five hundred dollars ($500). The first time that a person or entity is found to have violated one of Sections 15.91.002.A.2 through 15.91.002.A.23, after the effective date of the ordinance codified in this chapter, the person or entity shall be subject to a penalty of Two Hundred Fifty Dollars) two hundred fifty dollars ($250).

The Director may, in an exercise of discretion, issue a warning to the person or entity responsible for obtaining the permit if the person or individual has not been previously warned or cited for violating Section 15.91.002.A.1.

B. Second and Subsequent Violations. If a person or entity is cited for violating Section 15.91.002.A.1 within a 5-year period after a first violation has been determined to exist, the person or entity shall be subject to a penalty of one thousand dollars ($1000) for each violation. Any subsequent time that a person or entity is found to have violated one of the provisions referenced in Sections 15.91.002.A.2 through 15.91.002.A.23 within a five (5) year 5-year period after the a first violation has been determined to exist, the person or entity shall be subject to a penalty of Five Hundred Dollars five hundred dollars ($500) for each such subsequent violation.

Section 7. 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 ________________________, 2009, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2009. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2009. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009. ____________________________________ City Clerk

Attachment A Street Use Permit Fee Schedule

May 15, 2009 Version #2b ta Attachment A Street Use Permit Fee Schedule

Other Fees and Charges

Hourly Charge for Street $150 Use service including but not limited to: review, investigation, inspection, drafting, design guidance, document preparation and other activities related to the administration of the permit

Penalty Fee (No Job Start $300 Call, No Permit))

Pre-Submittal Consultation $375 Fee

A Deposit may be required Amount determined based on services requested