HomeMy WebLinkAbout4874 O ,NANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 11.02 of the
Bremerton Municipal Code relating to fight-of-way use by creating
a new section relating to identification and removal of nuisance
utility facilities within the fight-of-way and amending Sections
11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310 and
11.02.320 relating to violations, appeals and enforcement of
Chapter 11.02 BMC.
WHEREAS, the current provisions of the Bremerton Municipal Code do not
provide provisions relating to the identification and removal of nuisance utility facilities; and
WHEREAS, the City Council desires to provide provisions in the Bremerton
Municipal Code to identify and remove or remedy nuisance utility facilities and make other
related amendments; and
WHEREAS, the City Council also desires to update the provisions of Chapter
11.02 relating to violations, appeals and enforcement of violations to update those provisions and
to provide for enforcement through the Administrative Heating Examiner; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Sectionl 1.02.250 of the Bremerton Municipal Code entitled
"Correction and Discontinuance of Unsafe Nonconforming, or Unauthorized Conditions" is
hereby amended to read as follows:
11.02.250 CORRECTION AND DISCONTINUANCE OF UNSAFE,
NONCONFORMING, OR UNAUTHORIZED CONDITIONS.
A. Whenever the Director determines that any condition on any right-of~way is in
violation of, or any fight-of-way is being used contrary to any provision of this chapter or
policies adopted hereunder or other applicable codes or standards, or without a right-of-way use
permit, the Director may order the correction or discontinuance of such condition or any activity
causing such condition.
B. The Director is authorized to use any or all of the following methods in ordering
correction nor discontinuance of any such conditions or activities as the Director determines
appropriate:
1. Serving of oral directives to the permittee or other responsible person
requesting immediate correction or discontinuance of the specified condition;
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2. Service of a written notice of violation, ordering correction or
discontinuance of a specific condition or activity within a reasonable period as the Director may
determine;
3. Issuance of an order to immediately stop work until authorization is
received from the City to proceed with such work;
4. Revocation or suspension of previously granted permits pursuant to this
chapter;
..... Seek forceme t pursuant to BMC 11 02 320;
SECTION2. Section 11.02.260 of the Bremerton Municipal Code entitled
"Debris and Spilled Loads in the Right-of-Way" is hereby amended to read as follows:
1102260 re?OntO a '~tw~ eott t Un t t~,, A 1~C~ t'~t ,],t.~ ntt, LT-i, t~l~ lit i V
NUISANCE IN THE RIGHT-OF-WAY.
A..~. Debris and Spilled Loads.
9~._1 The owner or operator of any vehicle that has spilled, dropped, dumped or
in any manner whatsoever deposited any matter ("Debris") upon the fight-of-way shall cause the
fight-of-way to be cleaned using suitable methods to the satisfaction of the Department. Upon
failure to do so the Department may cause to have cleaned the fight-of-way and the costs thereof
shall be charged to the person or persons so responsible. The Department has the authority to
designate haul routes and time of day for operations involving hauling over public right-of-way.
t/h.2 Earth-hauling contractors, builders, or anyone else utilizing vehicles upon
rights-of-way shall provide persons or equipment to keep the fight-of-way clean at all times to
the satisfaction of the Department. Upon failure to do so, the Department may issue an
immediate stop work order, revoke City permits, and the responsible person or persons may be
directed to immediately clean the fight-of-way to the satisfaction of the Department. Upon
failure to do so the Department may cause to have cleaned the right-of-way and charge the costs
thereof to the person or persons so responsible.
B._~. Unauthorized Property.
1. Any object, equipment, structure, or personal property ("Property") which
occupies any right-of-way without the legal authorization required by this chapter is declared a
nuisance. The Department may attach a notice to any such Property stating that if it is not
removed from the fight-of-way within 24 hours of the date and time stated on the notice, the
Property may be taken into custody and stored at the owner's expense. The notice shall provide
an address and phone number where additional information may be obtained. If the Property is a
hazard to public safety, it may be removed summarily by the City. Notice of such removal shall
be thereafter given to the owner, if known.
2. All expenses incurred by the City in abating the nuisance condition or any
portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to
the City jointly and severally by such persons who have been given notice or who own the
Property or placed it in the right-of-way, which debt shall be collectable in the same manner as
any other civil debt.
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C. Enforcement. If the nuisance Debris or Property has not been removed or
remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant
to BMC 11.02.320.
SECTION3. Section 11.02.270 of the Bremerton Municipal Code entitled
"Nuisance in the Right-of-Way" is hereby amended to read as follows:
11.02.270 NUISANCE UTILITY FACILITIES.
A. Purpose. To establish a procedure for the identification and elimination or
remediation of nuisance utility poles and other utility facilities located within or upon the right-
of-way.
B. Utility Facilities Defined. "Utility Facilities" means poles (with or without
crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors,
vaults and all necessary or convenient facilities and appurtenances thereto within the right-of-
way, whether the same be located over or under ground and whether installed and/or maintained
by permit pursuant to this chapter or by franchise or by no such authority.
C. Nuisance Utility Facility Defined. "Nuisance Utility Facility" as used in this
section, includes a utility facility that limits ADA accessibility, creates sight distance problems,
has disconnected wires or cable, are deteriorating, are creating a hazardous condition, and/or are
not used or abandoned for a period ofg0 days or longer unless such non use or abanclnned status
is approved by the Director at his or her sole discretion.
D. Determination of Appropriate Remedy. Upon a determination by the Director
that a nuisance utility facility exists, the Director shall notify the permittee, franchisee, owner or
other person responsible for the nuisance utility facility and direct said entity or person to
remove or remedy the nuisance utility facility upon terms and conditions as directed by the
Director.
E. Enforcement. If the nuisance utility facility has not been removed or remedied as
directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC
11.02.320.
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SECTION4. Section l l.02.280 of the Bremerton Municipal Code entitled
"Nuisance in the Right-of-Way" is hereby amended to read as follows:
11.02.280 REVOCATION OF PERMITS.
A. The Director may revoke any permit issued under this chapter whenever in the
Director's sole determination:
1. The work or activity does not proceed in accordance with the plans as
approved, or conditions of approval, or is not in compliance with the requirements of this chapter
or procedures, or other City ordinances, state law or federal law;
2. The City has been denied access to investigate and perform inspection;
3. The pernfittee has made a misrepresentation of a material fact in applying
for a permit;
4. The progress or condition of the approved work or activity indicates that it
is or will be inadequate to protect the public and adjoining property, the street or utilities in the
street, or any excavation or fill endangers or will endanger the public, the adjoining property,
street or utilities in the street:~
5. The right-of-way is being used in violation of a permit issued under this
chapter or is being used in violation of any provision of this chapter.
B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease,
except as authorized or directed by the Director.
C. Notice of revocation. Notice of revocation shall be by letter.
D. Appeal of revocation. A revocation may be appealed pursuant to this chapter.
SECTIONS. Section 11.20.310 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
11.02.310 APPEALS.
A. Any permittee or applicant for a permit whose application has been denied or
whose permit has been revoked pursuant to this chapter may, within fourteen (14) calendar days
from the date that the denial or revocation notice was mailed to the permittee or applicant, appeal
such denial or revocation by filing a written notice of appeal setting forth the grounds therefore
with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set
forth in chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to
process the appeal. The hearing shall be conducted in accordance with the procedures for
hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the
Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of
law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of
the permit, and may impose any terms thereupon.
B. The decision of the Administrative Hearing Examiner shall be final The
permittee or applicant and/or the City may seek review of the decision by the Superior Court of
Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the
decision.
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SECTION 6. Section 11.02.320 of the Bremerton Municipal Code entitled
"Violation - Penalty" is hereby amended to read as follows:
11.02.320 VIOLATION - PENALTY.
A. In lieu of or in conjunction with any remedy provided for in this chapter, any
violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC
for which a monetary penalty may be assessed and abatement and/or enforcement may be
required as provided therein.
B. In addition to or as an alternative to any other penalty provided in this chapter or
by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor
pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation
occurs shall constitute a separate violation.
SECTION 7. Severabilitv. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION& Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the.f~,ffrd.2__ day of ~~ ,2003
PASSED by the City Council the.~/_q.d:d..L_ day of ~/_~4~e~.,,,J~s,,A_ ,2003
CAROL ARENDS, Council President
Approved this ~"g day of ~20~
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
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PUBLISHED the~ day of ~~.,[ · ,2003
EFFECTIVE the__~.,~_day of ~J~t..~..-.~,-t.A~ ,2003
ORDINANCE NO2
RALEGAL\Ordinances~ublic Works & UfilitieshOdght-of-Way Use.doc
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AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100083518
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: November 25, 2003 and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $41.03 amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of December 1, 2003
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4874'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11.02 of
the Bremerton Municipal Code relating to fight-of-way use by creating a new section relating to
identification and removal of nuisance utility facilities within the fight-of-way and amending Sections
11.02.250, 11.02.260, 11.02.270, 11.02.280, 11.02.310 and 11.02.320 relating to violations, appeals and
enforcement of Chapter 11.01 BMC.-
APPROVED by the City Council the 12th day of November, 2003-
PASSED by the City Council the 19th day of November, 2003-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
November 25, 2003° · #100083518-