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Home My WebLink AboutOrdinance No. 0876CITY OF MEDINA, WASHINGTON ORDINANCE- NO 876 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 1.15.030, 1.15.100, 1.15.330, 12.08.005 AND 12.08.010 OF THE MEDINA MUNICIPAL CODE (MMC) ADDING CIVIL ENFORCEMENT PROVISIONS AND CLARIFYING CONSTRUCTION MITIGATION MEASURES FOR CONSTRUCTION IN STREETS WHEREAS, the City Council adopted Ordinance No. 857, which included new provisions related to construction mitigation measures in the City's street rights -of -way; and WHEREAS, subsequent to adopting Ordinance No. 857, the City found the enforcement provisions presently set forth in Chapter 12.08 MMC are not consistent with the City's policy of improving the efficiency, effectiveness and economy of code enforcement; and WHEREAS, the City Council wishes to make the code enforcement provisions set forth in Chapter 1.15 of the Medina Municipal Code as the enforcement provisions for Chapter 12.08 MMC; and WHEREAS, the City Council wishes to clarify the application of construction mitigation measures to construction projects affecting the City's street rights -of -way; and WHEREAS, the adoption of an ordinance pertaining to administrative procedures relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Section 1.15.030 of the Medina Municipal Code is hereby amended to read as follows: This chapter applies to any violations of: A. Title 17 MMC, Zoning; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.08 MMC, Construction in Streets; ((B))E.Chapter 12.28 MMC, Tree Code; ((€))F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way; (())G.Chapter 14.12 MMC, Site Plan Review; ((• i ;)) H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; I. Chapter 18.04 MMC, Shoreline Management Master Program; ((ate)) 1 of 6 J. Chapter 18.12 MMC, Environmentally Sensitive Areas((...)), K. Chapter 20.40, Building Codes; and L. Other Medina Municipal Codes that make reference to this chapter. Section 2. Section 1.15.100 of the Medina Municipal Code is hereby amended to read as follows: A. The following violations listed in MMC 1.15.030 shall be subject to the citation and/or criminal provisions set forth in this chapter: 1. Exceeding noise standards established in MMC 8.06.010 that are administered under the authority of the administrator or hearing examiner. 2. Failure to comply with the terms and conditions of a code of conduct, or construction mitigation plan issued pursuant to chapter 15.20 MMC. 3. Failure to comply with erosion control measures and erosion best management practices prescribed in chapter 13.06 MMC. 4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300. 5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030. 6. Failure to obtain and/ or comply with the terms and conditions of a right-of-way permit issued pursuant to MMC 12.08.010. B. A citation shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A). Payment of the fine shall not relieve the person responsible for a violation from the obligation to correct, abate or stop the violation. C. Each day a violation continues to exist shall constitute a separate violation upon which a new citation may be issued and another fine assessed. Nothing in this chapter shall be construed to restrict the City's ability to issue a new citation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. Section 3. Section 1.15.330 of the Medina Municipal Code is hereby amended to read as follows: A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330: 2of6 Table MMC 1.15.330 First Second Third & Code Provision Violation Violation Subsequent Violations Exceeding Noise $100 $200 $500 Standards Failure to comply with code of conduct or $100 $400 $750 construction mitigation Ian Failure to comply with erosion control measures $100 $200 $500 and best management practices Failure to comply with a $300 $750 $1,500 stop work order Failure to obtain a tree $100 $400 $750 removal permit Failure to obtain and/ or comply with a right -of- 100 400 750 way permit B. Monetary penalties for a notice of violation shall be as follows: 1 First day of each violation, $100; 2. Second day of each violation, $200; 3. Third day of each violation, $300; 4. Fourth day of each violation, $400; 5. Each additional day of violation beyond four days, $500 per day. Section 4. Section 12.08.005 of the Medina Municipal Code is hereby amended to read as follows: A. All uses and activities associated with construction and excavation within the rights -of - way shall comply with the requirements prescribed by the Medina Municipal Code, as well as other requirements promulgated by the City Engineer and/ or the City manager or designee. B. In addition to other requirements, the City may condition ((approval)) allowance of uses and activities associated with construction and excavation impacting ((withffin)) the rights -of -way with applicable mitigation measures set forth in MMC 15.20.030. Section 5. Section 12.08.010 of the Medina Municipal Code is hereby amended to read as follows: A. It is unlawful to dig or cut into or mar, deface or alter any road or street right-of-way, whether improved or unimproved, without first obtaining, and in compliance with the terms of, a right-of-way permit pursuant to Chapter 20.80 MMC and the provisions of this chapter. Additionally, the City Engineer and/ or the City manager or designee may 3of6 require a right-of-way permit to use the City's right-of-way when a construction or excavation activity is anticipated to negatively impact the City's streets. 1. No permit shall be issued unless the action proposed is reasonably necessary and is consistent with the comprehensive plan and the street design standards referenced therein. 2. All such permits shall require that adequate warning or protective structures, signs, signals or devices will be maintained until the right-of-way is restored and that restoration will be accomplished in a reasonable time specified therein to a condition substantially equal to its prior condition, to the decided satisfaction of the city manager. 3. In the event of failure to restore the right-of-way as set forth above, the city shall have the right, but not the obligation, to restore the right-of-way to its prior condition and to charge all costs thereof to the applicant. A lien for such costs may be placed against any property of the applicant within the city and enforced as a mechanics lien pursuant to the laws of the state. C. Any permit issued under this section shall state the location of the proposed action, why it is necessary, whether or not warning or protective structures, signs, signals or devices shall be maintained, the time within which the road or street right-of-way must be restored, and the deposit or bond, if any, required to protect the city in its restoration. D. Fees charged for issuance of right-of-way permits are specified in the fee schedule adopted pursuant to Chapter 3.64 MMC and, where there is any cutting of the surfaced portion, a deposit or bond may be required in an amount sufficient to assure adequate and timely restoration. Upon such restoration, any deposit shall be returned or bond released; otherwise, the person authorized may withhold so much of the deposit as may be necessary to assure such restoration or instruct the city attorney to bring action against the permittee and/or his surety. E. Any a-V))_violation ((of aRy Of the pF9vi6i9RG)) of this Chapter shall be subject to the enforcement provisions and penalties set forth in Chapter 1.15 a )). Section 6. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. 4of6 Section 7. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY THE CITY COUNCIL ON THIS 8 DAY OF AUGUST, 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 8 DAY .QF AUGUST, 2011. & Mayor Approved as to form: Bruce Disend, Cl y Attorney Attest: el Baker, City Clerk Passed: 08/08/2011 Published: Effective Date:° 5of6 SUMMARY OF ORDINANCE NO. 876 of the City of Medina, Washington On August 8, 2011 the City Council of the City of Medina, Washington, adopted Ordinance No. 876 , the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING SECTIONS 1.15.030, 1.15.100, 1.15.330, 12.08.005 AND 12.08.010 OF THE MEDINA MUNICIPAL CODE (MMC) ADDING CIVIL ENFORCEMENT PROVISIONS AND CLARIFYING CONSTRUCTION MITIGATION MEASURES FOR CONSTRUCTION IN STREETS The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of August 8, 2011. Baker, City Clerk 6of6