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HomeMy WebLinkAbout2312 Penalties for Trespass on Unopened Strees and for Failure to Obtain Street Development PermitsORDINANCE NO. ~ ;~- AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 12.04 OF THE PORT TOWNSEND MUNICIPAL CODE BY ESTABLISHING A NEW SECTION 12.04.173 REGARDING TRESPASS ON UNOPENED STREETS AND AMENDING SECTION 12.04.250 REGARDING PENALTIES FOR FAILING TO OBTAIN STREET DEVELOPMENT PERMITS AND ESTABLISHING PENALTIES FOR TRESPASS ON UNOPENED STREETS. WHEREAS, the City of Port Townsend has experienced damage to unopened street rights of way through trespass by recreational vehicles, and WHEREAS, use of unopened and unimproved rights of way by vehicles can make later improvement of the streets'more difficult and expensive, and WHEREAS, use of unimproved rights of way by vehicles can cause storm drainage and erosion problems which can damage the right of ways and adjoining private properties, and WHEREAS, irreparable damage to wetlands, drainage courses and other natural features can be caused by unauthorized use of unopened street rights of way, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AS FOLLOWS: Section 1. A new Section 12.04.173 of the Port Townsend Municipal Code is hereby established to read as follows: 12.04.173 Unlawful to trespass on unopened streets. In order to protect against damage to unopened streets, it shall be unlawful to trespass on an unopened City street right of way in a vehicle, or any other manner specifically identified by signage, where the Director of Public Works or the City Engineer have caused to be posted a sign or signs warning against trespass on the unopened right of way. Any such trespass shall be punishable under the provisions set forth in Section 12.04.250 of this Chapter. Section 2. Section 12.04.250 of the Port Townsend Municipal Code is hereby amended to read as follows: 12.04.250 Public Improvements and Trespass Provisions -- Enforcemewnt. A. A permit obtained by any person, including any property owner or contractor, who fails to commence or complete the required improvements within the time required by such permit may be immediately revoked by the public works director; provided, however, that the director may extend the time for commencement or completion of such improvements for an additional period not to exceed one year. B. The provisions of any permit hereunder, and any no-protest agreement or covenant to ~participate in a local improvement district which may be required, shall be listed as a condition of any approved building permit issued in conjunction therewith and may be enforced as part of the approved building permit. C. Any person, firm or entity violating any of the provisions of Section 12.04.170, 12.04.173, 12.04.175, 12.04.180, 12.04.210 - 12.04.250 and 16.04.130 of this code shall be guilty of a civil infraction, which shall be punishable by a fine not exceeding five hundred dollars for the first violation and one thousand dollars for the second or any subsequent violation. In addition, any person, firm or entity which has been issued a building permit, street development permit or otherpermit of the city in connection with or pursuant to Sections 12.04.175, 12.04.180, 12.04.210 - 12.04.250 and 16.04.130 of this code may be required to immediately cease all work under such permit, and the city's planning and building department is authorized to cause all work to_cease under any such permit and to void and nullify such permit. The planninq and buildinq department is also empowered to order the restoration and reDair by any person, firm or entity who does any unauthorized work in city riqht of ways at the expense of such person, firm or entity. D. A notice of infraction may be issued by a city police officer, the city attorney or the public works director or designee. Upon issuance of a notice of infraction, all the procedures and provisions of Sections 8.04.410, 8.04.420, 8.04.430 and 8.04.440 of this code shall apply. E. Violations of this chapter shall also constitute a criminal offense punishable under the provisions of Section 1.01.020 of the Port Townsend Municipal Code. Section 3. This ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and th~ ti~es,~assed by the City Council of the City of Port Townse~ and ~g~d/by the Mayor of the City this E~.. day of July~ 1992/ ~ [ / _ . David A. Grove, Clerk/Treasurer Jo~Clise,--Mayor A~roved as to form: Dennis McLerran, City Attorney