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HomeMy WebLinkAbout3289 Amending Port Townsend Municipal Code Chapter 12.10 Street Use Permits - Commercial, Mixed Use, Marine-Related and Manufacturing DistrictsOrdinance 3289 Page I of 2 ORDINANCE NO. 3289 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING PORT TOWNSEND MUNICIPAL CODE CHAPTER 12.10 STREET USE PERMITS — COMMERCIAL, MIXED USE, MARINE -RELATED AND MANUFACTURING DISTRICTS RECITALS: The City Council of Port Townsend finds as follows: 1. During the COVID-19 pandemic, the City of Port Townsend allowed restaurants and retail businesses to apply for permits to use adjacent parking spaces for outdoor dining and retail space. Several restaurants built temporary "streateries" that allowed them to offer safer outdoor dining spaces. 2. The City of Port Townsend, in conjunction with Port Townsend Main Street, has conducted a survey to gauge the interest in more permanent streateries. The majority of survey respondents expressed interest in continuing with more permanent streateries. The City also received considerable public comments regarding the impacts on the supply of parking. 3. The City of Port Townsend already allows for sidewalk cafes and other uses of the City right-of-way. The City streets and rights-of-way are primarily for the safe vehicle and pedestrian travel as well as locating utilities and parking. Limited secondary uses of the streets allow for a more vibrant and walkable community. NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as follows: Se�ctiog 1. Chapter 12.10 Street Use Permits — Commercial, Mixed use, Marine -Related and Manufacturing Districts is amended as indicated in Exhibit A. Section 2. Severability. If any 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 or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. ADOPTED by the City Council of the City of Port Townsend, Washington, at a special business meeting thereof, held this 16th day of May 2022. Attest: Joanna Sanders, MMC City Clerk Ordinance 3289 Page 2 of 2 Mayor Approved as to Form: ....... i Gleel1w od -v (J'e il 4elCity Attorney Ordinance 3289 Exhibit A Page 1 of 10 Chapter 12.10 STREET USE PERMITS — COMMERCIAL, MIXED USE, MARINE -RELATED AND MANUFACTURING DISTRICTS Sections: 12.10.005 Intent. 12.10.010 Applicability — Permit required. 12.10.020 Short-term permits. 12.10.030 Annual permits. 12.10.040 General procedure for applications. 12.10.045 Special condition for streateries and aarklets 12.10.050 Regulations and city codes. 12.10.060 Approval criteria — Short-term permits. 12.10.070 Approval criteria — Annual permits. 12.10.075 Renewal to�cess-.'��ill.��tl.p�l°tnIts. 12.10.080 Permit — Applicant acknowledgement — Americans with Disabilities Act. 12.10.090 Performance deposits, security devices, and insurance. 12.10.100 Hold harmless. 12.10.110 Revocation or taaa suspcti.ta,. 12.10.120 Permit fees and charges. 12.10.005 Intent. The issuance of street used earns for activities, and features on city streets and sidewalks are inte�aaiedto ositivel aaomote the character and values of the community and add to the unique vibrancyof Port Townsend. Holders of street use permits have a distinct responsibility to create 3tablic betaelit tlYarou oh activating the street iia service to the COM111011,itY in balance or exceedance ofthe private. benefit. It is the intent of the cit of fort "1'owrasend tg-promote and improve the vitality of its business districts l eaacc uraa iia x pedestrian scale use of public sidewalks and streets to sa,a fort a higdi- quality public experience, ground floor retail business and mixed use when allowed, all consistent with the cit 's connmeliensive plan, t is the policy of the city that the streets are primarily toprovide safic use by the general public in balance with the city's complete streets policy and sidewalks are Drimarily used to provide safe and convenient acdestrfaa`a talc bv the acneral public. Limited secondar � uses of arkiarg and sidewalk areas may be consideaecl for sidewalk cafes paaklets and streateries on ly to the extent that such rases are consistent with the uaadeiµl ing zone and promote the stlrrouiaalin b�tsines districts as pedestrian and people -oriented areas, while considering the city's trams iortation parking, and circulation ,Yoals. Facilities permitted with street use permits should be a g9operative effort between the business owners property owners,,,public, and the ci to achieve lieectives and intent set forth in this section. Ordinance 3289 Exhibit A Page 2 of 10 12.10.010 Applicability - Permit required. This chapter pertains to allowing short-term and annual uses on streets, affd sidewalks ci - owned propgrty, and rights-of-way in historic commercial, commercial, mixed use, marine - related and manufacturing districts of the city. It does not pertain to or allow for uses or encroachments of rights-of-way in residential districts. For the purposes of city owned fee simple property, Llie fine permit shall serve as a license for such use. Proposed uses approved though a street use permit may extend beyond one year, however, they are subject to annual renewal of a use permit issued pursuant to this chapter. Tfhmi .srnseel— lserl�bli r�lts-i=w� 1a fedrl+ere ;tpeft_ alIlkt �lpre t pal ". A. No person shall establish a use within, or encroach upon any public right-of-way in the historic commercial, commercial, mixed use, marine -related and manufacturing districts of the city without first obtaining a permit from the city pursuant to the process and requirements in this chapter. This chapter provides the exclusive method for obtaining approval of uses that are regulated by this chapter. B. Special events occurring within public rights-of-way shall be subject to the requirements of a special event permit (Chapter 17.60 PTMC) and shall be exempt from the requirements of this chapter. C. Assemblies occurring within public rights-of-way shall be subject to the requirements of assembly regulations (Chapter 9.24 PTMC) and shall be exempt from the requirements of this chapter. D. Permits for development within rights-of-way are subject to requirement of street development permits (Chapter 12.04 PTMC) and are exempt from the requirements of this chapter. E. Sales on streets and sidewalks shall be subject to Chapter 5.32 PTMC and shall be exempt from the requirements of this chapter. 12.10.020 Short-term permits. A. Short-term street use permits may be issued for those activities that will use the street, sidewalk aor public right-of-way, are activities of short-term duration, typically, for 72 hours or less, and ,e that do not involve the physical disturbance or alteration of the street, sidewalk armor public right-of-way. Pis rsr�c 1�ari.a B. This type of use may involve the temporary disruption of pedestrian and vehicular traffic or access to private property. The type of use may also require approval of specific routes, locations, dates, methods to ensure public safety, traffic control, inspections, police or fire support, and clean up. Some proposed uses of the street may require the applicant to provide comprehensive liability insurance. Ordinance 3289 Exhibit A Page 3 of 10 C. Activities requiring a short-term street use permit include, but are not limited to, the following: A-1_ House Moves: special use of the street and/or public right-of-way to move houses or other oversize and overweight materials and structures at specific times and locations. A-2_ Temporary Street Closures: activities that require temporary closures of streets, lanes or sidewalks for commercial loading/unloading, construction storage or repair purposes if not approved as part of a building or street development permit. A-3, Construction Site Structures: structures related to construction sites such as scaffolds, barricades, buildings, walls, elevators, cranes, lifts, etc., that are on, over or under the public right-of-way; provided, no permit is required if the use is approved in connection with the issuance of a building permit. No permit is required for minor maintenance and repair, where the temporary use involves only a ladder for similar). A-4_ Temporary Storage of Materials Related to Construction: use of public roads to store construction -related materials in support of ongoing construction activities. 12.10.030 Annual permits. A. Annual street use permits may be issued for those activities that will use the public right-of- way consistent with the intent of this chapter, over the longer term, whieh that do not involve the physical disturbance or alteration of the surface of the street or sidewalk, and Avhielhi that do not substantially or unduly block the use of the street or sidewalk by pedestrians or vehicular traffic, such as vending facilities, sidewalk cafes, off-street structures, sta.eaITteries aarklets and other uses that require longer-term authorization. These activities arau.ast comply with the underlying zone and typically require inspections, traffic safety devices, performance bonds, comprehensive liability insurance, legal documentation and, on occasion, public hearings before a permit can be issued. B. Activities requiring an annual street use permit include but are not limited to the following: B-1_ Newspaper Sales and Private Mail/Parcel Boxes: commercial structures, other than individual U.S. Postal Service boxes, that use the street, sidewalk /or public right-of-way for extended time periods for newspaper sales or the private collection of mail or parcels. B-2. Waste Collection and Recycling Facilities: structures using the street, sidewalk For public right-of-way for extended time periods to collect recyclable materials. B-3_ special commercial uses_ sttehas private bus stops/shelters and other similar uses requiring dedicated use of the street mor public right-of-way for private transportation and traffic purposes. B-44. Sales Structures and Sidewalk Cafes: use of the sidewalk ;street /or public right-of-way directl adiac.ent to theassociated business for the sale of flowers, food or beverages, outdoor_ i,catj iij, , etc. Ordinance 3289 Exhibit A Page 4 of 10 B-6 5. Special and Unique Structures: fie—fountains, clocks, flag poles, awnings, marquees, street furniture, kiosks, signs, banners, and decorations. Such items may be on or over the surface of the public street, sidewalk or right-of-way. 6. di Streatery: a constructed out -door dining facili1y operated byin a — jpining restaurant that has exclusive use of the space during business hours of the restaurant and are open to the Lublic at all other times. Sireateries serve the sa immediately qu trade the reSt,-Mrant and may be combined with a sidewalk cafes to create a large.r outdoor dinfiw, space. 7. Parklet: a public sl, -)ace in the parking, area of a street resembling a park typically with benches orseating areas and greenery such as flower baskets. Parklets include a creative design apjiroach mm (o:,Md to the aesthetic. Unlike streateries jLaLklets are open forl)gblic, Jen`-S per oyment 24 hours day, seven days per week. T!Larktels n1gylie, initiated by a business, group of businesse s, non- PY -0 fi- t,in caolnration with the Ci and the abaattin rtaperty_owner. 12.10.040 General procedure for applications. This chapter shall be administered by the public works director iii coordination with the planning and community development director and the police chief, devek-)pinent--serv- esd--feeeelcar. T4i,-- ".'reetef'p.- f'+ They -The Public Works and Planning and Coninigni!y Development Departments are authorized to develop standards and guidelines, consistent with and to implement the requirements of this chapter. A. Applicants for street use permits shall complete an application form; and provide all relevant activity or project information. The applicant may have a need for more than one permit if multiple activities are occurring simultaneously. B. A permit is required for each such use of the street an&or right-of-way unless the demrisen�I-sei-'vwes Public Works director approves one application for several related activities. 12.10.045 Special Limitations for Streateries and Parklets In addition to the requirements set [-'Orth in 12.10,070, the Following conditions orad criteria shall apply:, A. Due to the impact on aarkin&park lets and streateries are to be limited in ntanber as follows: 1. Two total streatery or i)arklet in the C-111 Historic Commercial District untown. 2, (IONN44-C)IMly No I-Itija�1- _ t) f'j7 tlle t ll 'be- a ne StrC"I[CI'y'orI,?ALet_per Mock irr16all other coininercial districts or mixed use districts, lie - X -': L 'I .-A-)ne-stiva I —t4!.Y' Lidd e tj'IkLl�—b k4—e di stij 3No streaie 1p� permitted in the C-111 FC list or, nmercialDistrict downtown . .............. . . . e .................. aftle-r--D-e-e-e..m-b-e.r.-.-3--I 2022, Ordinance 3289 Exhibit A Page 5 of 10 The Ci!y will allocate any available streater oi,ai*kletl,')ertiiitsb:ascd-gp-alot�ter�tobc�ljelcj on or about Afly of each calendar year. In order to be el4zible for the Lotter 1)garits mu, p Vi —s t have submitted a letter of interest with a basic site Dlan and nroof of notice to all residents and business and fmroperty owners within 300 feet of the ormosed streateia. All aDplicants will be invited to attend the lottely drawing. C. Streatery, and mrklet aimlicants selectect in the lottery process must submit a site plan design and aesthetics concept,plan for review by staff and the Historic Preservation Committee, if of olicable, within 60 clays of selection. D. Strcatci�Lid . arklet appticants must obtain all other necessary permitsincluding but not hipited to, building permits, liquar licenses, and health inspections. E. Streatery cent to their business. The maximum length shall not exceed the business storefront frontag—c or the dimensions of two parking SDaces whichever is less. Streateries may be constructed, to meander the sidewalk into L !lie parl,Li&s how ig, reater width for a sidewalk cat' adiacen't to the j � � L--- adjoining building if this can be done safely and consistent with all applicablelaws. A )arklet or, streatery may extend beyond the frontage if necessary to better fit with exjgjn&jjjge�re.s such as Darkingy spaces,streettrees Utilities and business with written vennission from the ai the maximum leng Lh will still aj2pjy. -u.siness owner, F. A group of businesses ma y jointly ay fora parklet, which WOUld, enable 11ex�jbifi in location. G. The nermit-ho I der must maintain the entire sidewalk lncludin � both the permit area and the unobstructed pedestrian corridor, plus a distance of 25 feet either side thereof hj.L�Icqn swe t and litter -free condition. 1-1. The MiIIJMLIM height, for umbrellas and other shade devices extending into the edestijan pwssagc way shall be seven feet above the ground in order toprQyjd� �,mobstructed �iass�uefor Pedestrians, There shall be no overhead extensions into the vehicular travel ngL I. No food re aration shall take place within the permit area; .j. 'rhe peripit holder shall provide, clean, and empty trash receptacles and ash trqys as required- -- -------- K. The pedestrian passage way or corridor shall be a minimum of 6 feet in width. The pedestrian passage way shall be kept clear of obstructions at all times. L. No off-m-emiscs advertisins-) sians or displays are permitted within the permit area; M. The permit holder will provide pUblic notice of the availabilityof public use for all hours outside the normal 0 cerating hours of the Ordinance 3289 Exhibit A Page 6 of 10 permit holder's business. Signs shall clearly state the business hours or operation. Parklets shall be signed withpublic access 24 hours ier day. N. Site plans shall demonstrate access and non-interference with public utilities. Facilities shall not block access to lire la drants. O� Salcty elements shall be req urircd_inclurdin ve mark on the traffic side of parklets and streateries along with 30" minimum height barrier. A traffic barrier shall be required on the 1aditjg.dse of the facility when applicable. The edge of the lacilit shall be setback a minimum of 12 inches frgpLlk ell 7 f �tLitr v (Jed lane. P. Structural elements shall be designed in accordance with Title 16 of the PTMC and withstand all live and dead loads including wind. Proper ballasting shall be provided to hold structures in place. O,CTA compliance is required and facilities shall be level with the curb or .inClude a ro nate ramps. eviewoi all yappl cations shall h_e_ admin'strati��e. However, the Historic Preservation R.#eR... Conlrnittee shall roviq� desi n review for all applications in aIlthe historic zoning,districts, l.lat l lr i tic 1 1 car tlt rt w4 c a rrrslttrevieN wtl9 1� lw� Ott �l lir ruq��t:4:���tb -+,re rc __lcrr k�l�l�ir���t,r_���I outsttkny1r1,111 lie hi tore di st6 iet-rrraor tA``ji'l m trnrµc�l�crS'awlrsrtp� r l� � 1���t��tt�t�tyl rttr��<t�t c��t Vit.:::: 9r t vci_his oris pr°o cit r "!tb The l listoric Preservation Committee will provide a recommendatiorare eardin. the followina desi gra and aesthetic criteria.. 1. Materials shall be durable and aesthetically ()MpLk Lu,�,qtar ,tea the surrounclin r business district. 2. Designs shall arrcltt�l�� rrrr ��lITeraaeramt tri r�rmta arc cr��atr� tty�ww i�lr�n tl��wlwla�t�r� r�:.: l�-;iLLlr �:�xtw_gla��.,rxtt� �i��a1'1 l� �ttor�l�lttrt�trt�ttc,c�trll�l�r�lcdat�ra�� l�u� �li�stin+�tly diFEe�rernt�. firom the existina buildinars within the historic district in accordance with the 'Secretary of Interior standards for new construction and additions. 3. Designs should include greenery elements to soften the environment. S. Weather protection ma include heaters covers and windbreaks. Weather gotection should be removeable. Weather protection shall ct rpr l with a ppl"rcable lire safety standards includin :, the International Fire Code and Title 16 of the PTMC. 12.10.050 Regulations and city codes. An applicant who applies for a street use permit for the activities listed above, and all other activities which require a street use permit, must comply with all applicable city, state and federal laws, ordinances, codes and regulations, including business licensing and requirements of Chapter 5.32 PTMC, Sales on Streets and Sidewalks. It shall be the sole responsibility of the applicant to obtain all permits or licenses required by other agencies. Applicants for an annual street use permit for a new private use of the public right-of-way must also obtain a street Ordinance 3289 Exhibit A Page 7 of 10 development permit if required by Chapter 12.04 PTMC (for example, if physical improvements in the right-of-way are constructed or altered). 12.10.060 Approval criteria — Short-term permits. Applications for short-term street use permits may only be approved by the director of developmer�st-riees public works, with conditions that are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use, if all of the following applicable criteria are successfully met: A. The proposed short-term use shall not cause a physical disturbance or alteration of the street, sidewalk mor public right-of-way. B. If the proposed short-term use will cause a temporary disruption of pedestrian and vehicular traffic or access to private property, a plan that describes specific routes, locations, dates, methods to ensure public safety, traffic control, inspections, police or fire support, and clean up has been submitted and approved. C. The proposed use must meet Americans with Disabilities Act (ADA) guidelines. 12.10.070 Approval criteria — Annual permits. Applications for annual street use permits may only be approved by the director of Public works dvelopmen", etMe s, with conditions that are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use, if all of the following applicable criteria are successfully met: A. The proposed annual use shall not preclude or substantially or unduly hinder the continued use of an opened and developed street or sidewalk by pedestrians or vehicular traffic. B. The proposed use must meet Americans with Disabilities Act (ADA) guidelines. C. Annual uses located within the historic district constitute "development" under Chapter 17.30 PTMC and shall be subject to design review consistent with the requirements of Chapter 17.30 PTMC. HPC and the director are authorized to develop procedures and guidelines for administrative review of permits. D. The proposed annual use shall not block or substantially or unduly hinder public access to the shoreline mor views of the shoreline from within the subject street. E. The proposed annual use shall not block or substantially or unduly hinder access to adjacent properties. F. If the use causes a change in pedestrian travel patterns, appropriate r-epairs adjustments or inntoventents shall be made to the right-of-way in the immediate vicinity in order to accommodate the eha . ass g!g and to assure compliance with the Americans with Disabilities Act. G. Amplified sound is prohibited within the area allowed by the permit. H. Table and chairs shall be made of safe, sturdy, durable materials such as wrought iron, wood, steel or cast aluminum, and shall be of commercial grade and manufactured for outdoor use. Ordinance 3289 Exhibit A Page 8 of 10 12.10.075 Renewal process — Annual permits. Streate and parklet annual ermits ma be renewed effective Tama 1 of each ear. Permit holders shall inform the city of their intent to renew by December 1 of the yearrioal rte. Renewal will be granted Won completion of the followin �: A Satisl'actc1ry ips edtion o tl e ihcilities fd a cdaava Niance, vitt dfdanditioaas c i"tl e eaMmit. B. Provision ofupdated insurance certificate. C. Payment of annual fuid renewal fees. Minorcliatagsto thett�rt,, talagetsteal or°e uied to adapt to nice( the intent o%'this- Chapter and to ensure the facility is anaairatained and safe, Minor claan ges re wire written rep aaest and may be reviewed adininistratively at any point in the year or during the reawwal paocess. Minor changes shall be subject to the a plication for a street: use_permit lee, Minor changes, do not include cha ,es that ini fact the overall aesthetics or the structural elements of the facilit ,l�anLtdj he aesthetics or structural elements red ui.rereplication following the req tairemertts of this Cli, but shell not be suWcc to the lottry 12.10.080 Permit — Applicant acknowledgement — Americans with Disabilities Act. As a condition to the issuance of any permit, applicants shall acknowledge permit requirements and conditions, including, specifically, conditions relating to Americans with Disabilities Act (ADA) requirements, that the applicant is responsible for informing employees of ADA requirements, and the permit is subject to revocation for violation of permit conditions including violation of ADA requirements. fh�leve�l a � u = d tt a nd 1 hl w limitla,14-wofk—M 4ftSt-amt, tlie"laal�r-��n��e�=e��I-�d�d�t��at�dla�i�tsnda�ies�da1p� edh���aa-ar��f-tai�ig�=der-aia�aati-r� .�s�ts�aad�-s�d�al-ka�l-1:- edar�d�a�ia�s-ndl-t�l��lalal.�a��-rtel�alec-lga��a�t����gi�atsa�d--c�dl�is- 12.10.090 Performance deposits, security devices, and insurance. A. If the director determines that there is a potential for injury, damage, or expense to the city as a result of damage to persons or property arising from an applicant's proposed use of any right- of-way, the applicant shall be required to make a cash deposit, or to provide a security device or insurance in a form acceptable to the director for the activities described in the subject permit. The amount of the deposit, security device, or insurance shall be determined by the director. B.=14airreaaaoea �ale1� , .tz e�t�al-nsuaau�+e e nsi lea a id a s e n t ', . ce papa � ittee' abi l iaEy p fespofld to old i a a ataaa=e deftla�r l sec s st the a itys 1� 1�l=tas publie-s yam, is dlama-ge-te- aig.l�f�ay; �na�l��a�r-l-iulflltt�r�e�q���h�. "1'I�e ermit l�c�lder sl�r�all lie aye uirccl to Ordinance 3289 Exhibit A Page 9 of 10 maintain insurance with coverage limits as established by the ci1y. Theermit holder shall. name the city as additional insured and shall be required to maintain the DIoW throufll the terni of the Permit. The permit holder shall notifthe city of polia chap )e or cancelatjqjLAithi �a -Y five �Cld days. Hold harmless. As a condition to the issuance of any permit under this chapter, the permittee, in form acceptable to the city attorney, shall agree to defend, indemnify, and hold harmless the city, its officers, employees, and agents, from any and all suits, claims, or liabilities caused by or arising out of any use authorized by any such permit. 12.10.110 Revocation or temporary suspension. A. All permits approved under this chapter shall be temporary and shall vest no permanent right. All permits may be revoked in the event any such use or occupation shall become dangerous; any structure or obstruction so permitted shall become insecure or unsafe; shall become a public nuisance; or shall not be constructed, maintained or used in accordance with the provisions of this chapter or the terms and conditions of the permit. The determination by the building official that a structure is dangerous, insecure, unsafe, a nuisance or has not been constructed, used or maintained in accord with this chapter or the terms and conditions of the permit shall be conclusive. 13� The city may, and reserves, the right to, tenMorarily suspend a sidewalk cW, strg ter cpm parklet permit during the course of areawide special events or in the interest of the public health safety and welfare. 12.10.115 Maintenance and removal of streateries and parklets. The pennit holder is reattired to maintain the facility in accordance with good standards of care and the provisions of this result in revocation of the permit and removal of the facility. Repairs shall lie within 1 5 days 1!122!L 1AL'Lest Ofthe-( it -- L -Y - Upon tion -use for a period of time in exceedance of 60 days, aeon- payment of fees, expiration, or revocation of the permit, the applicant is reouired to tela ove the facility within 30 days _t. If the ipermit holder reinstates use of the: facilitv within 90 days, they shall not be sut ect to the lottery for permits ect to - Section 12. 1 tl. 045 Failure to remove the 1"acili!y within the time frame shall result hi a fine and the city removal of the structure. All costs associated with removal of the Structure shall be borne bthe the al Street Use Permits are location specific. Permits ma y not be transferred to other locations. In the case that a business is the permit holder and the business changes ownershjp,-tri( -tar gLgal permit holder shall be responsible fear the facility until the perinit is transferred to the new business owner. The orig,i,pql..,Lpermit holder may rec gest trailsfer, of the permit to the new owner only with the a...p proval of the city. The crinit holder for Streateries and Sidewalk cafes shall be the mine entity named on the Cit y business license.. Ordinance 3289 Exhibit A Page 10 of 10 12.10.120 Permit fees and charges. The fee for each permit shall be set forth in a fee schedule to be adopted by motion or resolution of the city council. 12.10.1 30 Violations and penalties. All violations of any provision of this cha j -_)LeV�Itar or incor (hated standards, or of an hermit or L_te license issued hereunder, are declared nuisatices and iLiLide stiNect to flic gci111inistration and enforcenieLiLprovisions of Chapter 1.20 ?TMC, filcludiii any amendinerits, and hicluditig but not limited to abatement, criminal ligialty, and civil penalty as set forth in Cha iter 1.20 PTMC, whicli are incorporated by refereiice as if set forth herein.