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HomeMy WebLinkAbout024526 ORD - 07/24/2001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, AND CHAPTER 53, TRAFFIC, REGARDING PLACEMENT OF DISPOSAL DUMPSTERS WITHIN RIGHTS-OF-WAYS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 21-90(a) and (f) are revised to read as follows: "Sec. 21-90. Private Waste Disposal Dumpsters. "(a) Except as provided in subsection (f) of this section, private Private waste disposal companies may not place their disposal dumpsters on any City or State right-of-way within the City limits. All dumpsters must be placed on the customer's private property. * * * * * "(f) Durinq the construction, demolition, remodelinq, or repair of a structure. if there is insufficient space on the premises for a dumpster or the weiqht of a full dumpster will exceed the carrvinq capacitv of the drivewav and the parkinq of vehicles is allowed in the street riqht-of-wav adioininq the propertv. a qenerator mav obtain a dumpster parkinq permit from the Citv's Traffic Enqineer under Section 53-195. SECTION 2. Section 53-195 is revised to read as follows: "Sec. 53-195. Procedures for occupancy of public right-of-way (covering of parking meters and rendering of curb space unusable) and establishing charges during construction or repair of buildings. "!&When coverage of parking meters is required or public right-of-way is rendered unusable for the express use of contractors for the erection, construction, ef-repair, or remodelinq of buildings, or for the temporarv placement of a dumpster on those arterial and collector through streets as defined in section 53-251 of the City Code and upon all streets in the central business district, the following procedure and charges shall apply: "(1) There shall be a permit fee/service charge of eighty-five dollars ($85.00) for use of parking lanes and loading zones and ninety-five dollars ($95.00) for use of traffic lanes, sidewalks and alleys levied against the contractor. Such charge will be used to offset the cost in preparation of street closure or meter rental permits, the covering of parking meters, preparation of a traffic handling plan, and secretarial time for processing of billings. R 13336A3 t, '~I .1 --- r, 6 ~~ '-~'.~~) I~ .~.. r--'-- , ~. --~-'''----'^---~''-''~._._'-~'-'-' 2 "(2) For occupancy of parking lanes and curbside loading zones, assessment of charges of one and one-half cents ($0.015) a square foot per day (minimum charge of two dollars and twenty-five cents ($2.25) per day) for occupancy of metered parking spaces, one and one-half cents ($0.015) a square foot per day (minimum charge of one dollar ($1.00) per day) for occupancy of unmetered parking spaces, and two and nine-tenths cents ($0.029) a square foot per day (minimum charge of two dollars and twenty-five cents ($2.25) per day) for occupancy of commercial loading zones. Charges would be based on the width of right-of-way occupied from the barricading equipment or barriers in the roadway to the face of curb or edge of pavement (in the case of curbless streets). For temporary restrictions and reservation of parking at meter spaces which are to be hooded, no more than five (5) metered spaces would be permitted to be hooded at anyone time by an applicant. Such parking reservation would be expressly limited to bulk loading/unloading activities and parking of construction vehicles integral to the construction activities. "Parking lane" as used in this section shall be defined as any portion of the paved street totally dedicated for curbside parking, measured from the face of curb to a point eight (8) feet into the street from the face of the curb. "(3) For occupancy of traffic lane and sidewalk/alley space, there would be an assessed charge of three and two-tenths cents ($0.032) a square foot per day (minimum charge of five dollars and twenty-five cents ($5.25) per day) and three and two-tenths cents ($0.032) a square foot per day (minimum charge of two dollars and twenty-five cents ($2.25) a day), respectively. Charges would be based on the width of right-of-way occupied in the traffic lane or between the face of the curb (or edge of pavement) and right-of-way line (property line). In the case of alley space, if all or part of the alleyway is blocked such as to prevent any vehicle access, the contractor would be assessed for the full right-of-way of the alleyway. "Sidewalk" as used in this section shall be defined as any portion of the street between the curb or the lateral line of the roadway and the adjacent property line, all or a part of which is intended for the use of pedestrians. "(4) A contractor shall be limited to no greater than one-third of the paved width of any street adjacent to the building for which a construction permit has been issued, in accordance with the provisions of section 2101.1 of the building code. Requests for full closure of the street for any period of time exceeding eight (8) continuous hours of occupancy of the street in excess of the one-third width maximum limit shall be directed to the City council for consideration of approval. "(5) Charges for metered parking space occupancy are applicable to weekdays only. Assessments applicable to occupancy of unmetered parking spaces will be assessed for construction occupancy of metered parking spaces on weekends. Any fraction of a day shall be charged as a full day. "(6) Whenever parking meters and their support pipe must be removed, there will be a charge of twenty-six dollars and twenty-five cents ($26.25) for the first meter removed and six dollars and seventy-five cents ($6.75) for each additional meter. R13336A3 .~ _~~ _..".,._,._..v....,..--__.___._~_.,_....___'-.,._ 3 "(7) All of the above charges shall be collected by the department designated by the City Manager and paid in full before the permit is issued or amended, based upon the planned duration of the construction project. At the discretion of the City Manager, or such officers or employees of the City designated by the City Manager, monthly payments may be paid by the contractor if the construction project is planned for duration beyond one month. When the right-of-way space covered under the permit is not occupied for the full period of time for which the permit is issued and for which the fees have been paid, the City will refund a portion of the fees paid to cover the unoccupied period of time on the following basis: "a. The City will refund to the applicant on a daily basis for the number of days the space covered by the permit was not occupied; provided the charge for the unoccupied days was paid in advance when the permit was issued or amended and that there are no other payments due the City. "b. No refunds shall be made until the occupied space is totally cleared in full compliance with the conditions set in the permit. "(b) Durina the construction. demolition, remodelinq, or repair of a structure, if there is insufficient space on the premises for a dumpster, the weiaht of a full dumpster will exceed the carrvina capacity of the drivewav. or the placement a dumpster on the adioininq property is impractical and the parkinq of vehicles is allowed in the street right- of-wav adioinina the propertv, a propertv owner or contractor mav obtain a dumpster parkina permit that will allow a permitted solid waste hauler, who has a permit issued bv the Director. Solid Waste Manaqement under Article VIII of Chapter 21. Code of Ordinances ("permitted hauler") under contract with the owner or contractor to place a dumpster upon local streets and neiqhborhood collectors in residential districts subiect to the followinq procedures and charaes: "(1) The Traffic Enqineer must determine, based on the standards used under subsection (c) of this section. if the size and location of the dumpster. in relation to anv nearbv intersections or drivewavs. will create an unreasonable visual obstruction or an unsafe condition. If the placement of a dumpster at a specific location will create an unreasonable visual obstruction or unsafe condition that cannot be mitiqated bv the use of barricades. installation of warnina sianaqe, channelization of traffic. installation of warninq liqhts, the use of other traffic control procedures. or the use of other traffic control equipment. the Traffic Engineer may deny the applicant the right to place a dumpster in the right-of- wav. "(2) The dumpster shall be marked with red and white reflective hiah-intensitv arade sheetinq, with a minimum a-inch width, placed alonq the fulllenqth of both ends' riqht and left edaes. and alona the fulllenqth of both sides' riaht and left edaes. so as to be c1earlv visible from an approachinq motorist. The alternating red/white stripes shall be oriented on the respective ends to quide traffic to the appropriate direction of travel. In addition, at least two traffic cones (28" height) R 13336A3 '1"'-'" ._.----'---'''-',---_____ 4 with two bands of reflective sheetina shall be placed in front of each end of the dumpster while on the street. "(3) The dumpster mav not be laraer than 20 cubic vards based on the external measurement of the dumpster. "(4) The propertv owner or contractor must submit a statement from the owner of the adioinina property that consents to the placement of the dumpster in front of the owner's property and affirmativelv states that the placement of the dumpster in the City right-of-way is reguired because there is insufficient space for the dumpster on the premises, the weiaht of a full dumpster will exceed the carrving capacity of the driveway. or the placement a dumpster on the adioinina property is impractical and why it is impractical. "(5) The property owner, contractor, or permitted hauler must aaree to indemnify and forever save harmless the City from any claims relating to the placement of the dumpster in the street riaht-of-wav usina a form approved bv the City Attornev. "(6) The property owner, contractor. or permitted hauler, who agrees to indemnify the City under subsection (b)(5) of this Section. must obtain insurance policies. which name the City as an additional insured, in an amount the Director of Safety and Risk Manaaement determines is needed to protect the interest of the City and its residents, as reauired bv section 17-15 of the Code of Ordinances. "(7) The propertv owner or contractor must aaree to pav the costs of repairing any damaaes to any public or private improvements in the riaht-of-wav caused bv the placement of the dumpster, includina. but not limited to, damaae to the street pavement. curbs and autters, sidewalks, irriaation systems, around cover. or utilitv pipina located within the riaht-of-wav, usina a form approved bv the City Attornev. "(8) The property owner or contractor must post a bond in an amount determined bv the Director of Finance to cover the cost of any repairs to the City's riahts of way. includina. but not limited to, damaae to the street pavement. curbs and autters. sidewalks, irriaation svstems. around cover. or utilitv oioina located within the right-of-way. "(9) The property owner or contractor pavs the reauired fees based on the followina schedule: "a. Application fee of $40.00, which includes the first seven days parking at a specific address. The application fee must be paid with the permit application. "b. Parkina fee of $10.00 for each additional day or part of a day a parkina space is occupied bv a dumpster over the first seven days. Parkina fees must be paid in advance. R 13336A3 '~""r-'----'-'--r-'"---'-'-----"'-"- 5 "(9) A property owner or contractor may deposit moneys with the City's Utility Sillina Office from which application and parkina fees may be automaticallv deducted. "(10) At the end of each business day, the property owner or contractor must remove any dirt. debris, or other substances that may have fallen into the street. sidewalk, autter. or curb as the result of fillina the container or removina materials from the container or that may wash out of the container due to the accumulation of water in the container. "(c) The City Manager. or such officers or emplovees of the City desianated bv the City Manaaer, shall publish standards that will be used to determine if the size and location of the dumpster, in relation to any nearby intersections or driveways, will create an unreasonable visual obstruction or an unsafe condition. "(1) The followina factors must be considered in establishina the standards for the placement of dumpsters in the riaht-of-wav: "a. The speed limit on the street where the dumpster will be placed. "b. The speed limit on any intersectina streets if the dumpster will be placed within 230 feet of the intersection. "c. The outside dimensions of the dumpsters, particularlv the heiaht and lenath of the dumpster. "d. Whether any special rules applv to the location. such as whether: "1. There is one way traffic, "2. It is within or near a school zone, or "3. It is located on a curve or in the circle of a cul-de-sac, "e. The distance from the nearest intersection. "f. The distance from the nearest drivewav. "a. Whether it will limit access to a driveway on the opposite side of a street "h. Whether the location has curbs and autters or open drainaae ditches. "(2) The standards may reguire under appropriate circumstances barricading, sianina, channelization, warnina. or the use of other traffic control procedures or traffic control eauipment. R 13336A3 'I"-~-"'r-H_~_"_~~- . - 6 "(3) A cOPV of the standards and any amendments to the standards must be filed with the City Secretarv, and provided to the members of the City Council at least two weeks before they ao into effect. " 'wt-fQl The City Manager, or such officers or employees of the City designated by the City Manager, may revoke a permit issued hereunder if any of the permit holder's barricading, signing, channelization, warning or other traffic control procedures or the traffic control equipment used at the construction site do not comply with the requirements of the City's "Manual on Uniform Barricading Standards or Practices" or with those special requirements imposed by the City Manager, or such officers or employees of the City designated by the City Manager; provided, that the permit holder, or person named as responsible for the activity in the permit, shall first be notified of the failure or defect and be given a reasonable time, such length of time to be determined by the City Manager, or such officers or employees of the City designated by the City Manager, and not to exceed twenty-four (24) hours; to correct same before such permit is revoked. 'Wt-MAt least forty-eight (48) hours advance notice shall be provided to the department designated by the City Manager before issuance of permit." SECTION 3. Section 53-262 is revised to read as follows: "Sec. 53-262. Obstructing street and sidewalk traffic, and public right-of-way generally. "(a) It shall be unlawful for any person to place, maintain or cause or permit the placement of any solid waste, personal property, object or obstruction of any kind whatsoever, in or upon any public right-of-way which obstructs passage or prevents the free and uninterrupted use of such public right-of-way or any part thereof by the public. "(b) There is excepted from this section: "(1) The placement of solid waste in accordance with the requirements of Chapter 21 of this City Code. "(2) Exceptions permitted in this article. "(3) Vehicles parked in compliance with law. "(4) Mailboxes, public utility poles, or other objects placed in compliance with any agreement or permit of the City. "(5) Temporarv placement of a dumpster permitted under Section 53-195," SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the R 13336A3 r---- "" r--m__. ---..---....'---,..--' "-.... ..__._'-,...--~', .,_ 7 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. A violation of Section 1 of this ordinance or requirements implemented under that section constitute an offense, punishable as provided in Section 21-3 of the City Code of Ordinances, and a violation of Sections 2 and 3 of this ordinance or requirements implemented under these sections constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R13336A3 '-t--_...,o., ~__'~'"___~__--,..---_'_ -~ 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the 1"11'Clay ~~a1'~'J}" , 2001, by the fOlloW(}ing vot:: Samuel L. Neal, Jr. \.< - 6~ Rex A. Kinnison ~~ BrentJ. Chesney ~ John Longoria ~ Javier D. Colmenero 0 ~ Jesse Noyola ~ Henry Garrett Mark Scott ~ Bill Kelly as read for the second time and passed finally on this , 2001 by the following vote: Bill Kelly PASSED AND APPROVED, this the 6?Lf!'Jay of ~ ' 2001. ATTEST: Tha~e f~'going ordin the t+ day of Samuel L. Neal, Jr. Brent J. Chesney Javier D. Colmenero Henry Garrett Mmao~ City Secretary APPROVED: 13th day of July, 2001: James R. Bray, Jr. City Attorney By: ~~ ~7 .AI /' R. Jjy R ining / First Assistant City Attorney R 13336A3 "r-....., r--'''''''''~~--~~-'.''-""""""",._,, ,.'~_._-....---- Rex A. Kinnison John Longoria Jesse Noyola Mark Scott zd.,~~ Samuel L. eal, Jr. Mayor n) . ,- () 6 ...... . I~; 0;~ FINANCE OEPARiMEti1 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces 01 AUG -2 AM 10: I 2 } } ss: CITY OF CORPUS CHRISTI Ad # 3904697 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 30TH day(s) of JULY, 2001. OifrJ. NOf {)745J4 Subscribed and sworn to me on the date of JULY 31.2001. ~~ YIJtUluJc Ju:nvv Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .. .