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Home My WebLink AboutOrdinance 4615 • ORDINANCE NO. 4615 AN ORDINANCE AMENDING CHAPTER 98: STREETS AND SIDEWALKS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE FOR THE RECOVERY OF THE COSTS OF REMOVING DIRT AND DEBRIS SPILT OR TRACKED UPON THE STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 98: Streets and Sidewalks, of the Code of Fayetteville is hereby amended by inserting the following: §98.08 Spilling or Tracking Debris onto Public Streets (A) Any person who spills dirt, gravel, sand, offal, or any other similar material, or who tracks mud, dirt or other debris onto the public streets of the City of Fayetteville shall be responsible for the prompt and thorough clearance and cleaning thereof. The Transportation Division Manager is hereby authorized to order the responsible party to clear and clean the affected street(s). The Transportation Division Manager shall give the responsible party written notice, via certified mail, to perform such acts within 3 business days of receipt of notice. (B) If the responsible party fails to clear and clean the affected street(s) within 3 business days of receipt of notice, Transportation Division staff may undertake the street cleaning, and bill the responsible party for the costs thereof, at the overtime rate for said staff. (C) The responsible party may request that the Director of Operations conduct an administrative review of such an order, or the appropriateness of the amount assessed for the cleaning. The decision of the Director of Operations shall constitute final administrative action in the matter. PASSED and APPROVED this 17th day of August 2004. APPROV / f By: DAN COODY, Mayor ATTEST: 11aiWTRi ' „l t . By: 6401 cc. 2S41A.L aG•�G Sy •O cAS�'P SONDRA SMITH, City Clerk =�; • :"� 'c ;FAYETTEVILLE: %ysr9:QkANSP�J�`' 0 NAME OF FILE: Ordinance No, 4615 CROSS REFERENCE: Item # Date Document 1 06/17/04 memo to mayor & City Council 2 draft ordinance 3 Staff Review 4 memo to Gary Dumas 5 Affidavit of Publication 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: l e0z) City Council Agenda Item u� iS To: Mayor and City Council �xd From: Gary Dumas aJ " (� v�� 1 e( µ✓a lK5 Date: June 17, 2004 Subject: Ordinance Change Codifying Current Practice of Billing Contractors, Businesses and Others When Street Cleaning Services Are Required to Correct Their Lack of Response Recommendation : Staff recommends approval of the attached Ordinance codifying current practice of billing contractors, businesses and others when street cleaning services are required to correct their lack of response. Background: City Code Section 169.04.17 requires the removal of mud/dirt from public streets. Any debris, soil, or mud from development sites reaching a public street must be immediately removed. The Engineering Division normally responds to complaints concerning this development requirement. However, occasionally the Transportation Division will also become involved when compliance is not voluntarily achieved. With the Transportation Division involvement, normally a street sweeping operation is undertaken. When this occurs the responsible party is billed for services at an overtime rate; since normal work must still be performed in addition to the extra work cleaning problems created by a specific party. The current code requirement only addresses "development sites." On occasion, some businesses generate dirt, mud or debris on the street and may not have the capacity to perform necessary street cleaning activities. This could result from spilled loads of sand, gravel, offal, etc., or simply businesses that track mud, dirt and other debris on to the street such as along Warford and 13`h St. Discussion: A code provision is necessary to specifically permit the recovery of costs for these activities. On occasion and for specific circumstances the cleaning activities may become almost routine, if the business owner(s) are not responsive to correcting their own problems. This Code provision will allow appropriate cost recovery processes be utilized as necessary. The proposed procedure would be: I . A certified letter from the Transportation Division Manager would be sent to the responsible party. 2. The responsible party would be given three business days to correct the problem. 3 . Transportation Division staff would undertake the street cleaning and bill responsible party for all costs of cleaning at the overtime rate if the issue is not resolved within three business days. 4. The responsible party would have the right to appeal the initial notice in the certified letter or the costs of the street cleaning to the Director of Operations. Budget Impact: Expenses for providing the service necessitated by others will be recovered. I of 1 6/21/2004 1 :45:31 PM ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 98: STREETS AND SIDEWALKS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE FOR THE RECOVERY OF THE COSTS OF REMOVING DIRT AND DEBRIS SPILT OR TRACKED UPON THE STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 98: Streets and Sidewalks, of the Code of Fayetteville is hereby amended by inserting the following: §98.08 Spilling or Tracking Debris onto Public Streets (A) Any person who spills dirt, gravel, sand, offal, or any other similar material, or who tracks mud, dirt or other debris onto the public streets of the City of Fayetteville shall be responsible for the prompt and thorough clearance and cleaning thereof. The Transportation Division Manager is hereby authorized to order the responsible party to clear and clean the affected street(s). The Transportation Division Manager shall give the responsible party written notice, via certified mail, to perform such acts within 3 business days of receipt of notice. (B) If the responsible party fails to clear and clean the affected street(s) within 3 business days of receipt of notice, Transportation Division staff shall undertake the street cleaning, and bill the responsible party for the costs thereof, at the overtime rate for said staff. (C) The responsible party may request that the Director of-O� erati ; , onduct an admirustrative review of such an order, or�th.a p py atenes of the amount assessed for the cleaning. The d'e`cision of the Dire for of Operations shall constitute final administrative action in the matter. PASSED and APPROVED this _ day 4f Jul2004. AjPPROUED: ; BY J D . 04 COODY, Mayor ATTEST: By: 5 DNDRA SMITH, ity Clerk i STAFF OIEW FORM - FINANCIAL OBLIGATIOO XXX AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW 6gd For the Fayetteville City Council Meeting of : July�o, 2004 FROM : Gary Dumas Operations Department Name Division Department ACTION REQUIRED : Approve Code Section 98.08 to specifically permit the cost recovery for street cleaning activities necessiated by spillage or tracking of debris, mud, dirt, offal , or other material on to street right of way COST TO CITY : $ 0 . 00 $ - Transportation Category/ Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name BUDGET REVIZW % Budgeted Item Budget Adjustment Attached Budget Manager Date CONTRACT/GRANT/LEASE REVIEW : Accounting Manager Date Internal Auditor Date City Att rney Dat Purchasing Manager Date STAFF RECOMMENDATION : Received in Mayor ' s Office • '$ •CJ-•td(.w ' vision Head Date Date O �� Cross Reference : De pqmt Date Previous Ord/Res # : 2 !1—J�J �� —2 L -b5�- Finances & Internal Services Dir . Date Orig . Contract Date : ILl � V` Orig . Contract Number : Chief ministiative Officer Date New Item : Yea No Mayor Date /� p4 • Staff Review Form - Page 2 Description Meeting Date July 6 , 2004 Comments : Reference Comments : Budget Manager Accounting Manager 1 1 V LVI.i n( L JGd z�tr +N O. pJ Q I ip City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator FAYETTEALLE • THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Gary Dumas Operations Director From: Clarice Buffalohead-Pearman City Clerk Division Date: August 23, 2004 Re: Ordinance No. 4615 The City Council passed an ordinance, August 17, 2004, amending Chapter 98 of the Fayetteville Code of Ordinances. Attached is a copy the amending ordinance. The ordinance will be included in the code book, recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor NORTHW#ST ARKANSAS WITION Arkansas Democrat Oazcw AFFIDAVIT OF PUBLICATION I , In. , do solemnly swear that I am LegAl Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: °`�` . /S was inserted in the regular editions on 94.51 PO# D � p " Publication Charge : $ Ico• / q Subscribed and sworn to before me this day of 4. cv 2004. ORDINANCE NO. "IS0 .v` ANORDINANCEAMENDINGCW PtER,M STREETS ,AND . " i 1 Notary Public SIDEWALKS, OF THE CODE OFFAYETTEVIIIF. TOPRMDE O- VP P 1 P 413 DIRTFAOR THE ND DEBRISSPF THE ILTOR TRACKED UPONOF �THE J V V�1 " STREETS, ARKANSAS My Commission Expires: 07 XI BE rF ONDA+NYD BY THE Cm COUNCIL OF TNR Cm OR PAYWrIavRL6, unulNtsllsh Section 1. That Chapter 9B: Streets end Sbevvsks, of the Code of FaystarAo is hereby emerged by Inserting the folavArg: § 88.08 Soling or Tracking Debris onzo Pubic StrestS' ** Please do not pay from Affidavit. (A) AM peep„M,o sp9a dirt, gravel. sand, pas, or any other swnkr material, or m„o tracks nu4 dMor other debris dao the pubic strove of the Oy of Fayehevile shell be responsbie for are prompt aro char. An invoice will be sent. ougl clearance and daw*V thereof. The Transpota4on DA4son Manager is hereby auagdzed to order the responsible party to clear amp clean the affected street(s). The Trarapotatbn Division Manager shal gke the espmsldv party whom notice. tea cerTW mal. to pedmn such ace Mean 3 buSYNss days of receipt of room, (B) hag espo sbe party rats to deer and clean one aflectad street(s) wANM 3 business days of receipt of notice, Transportation DMsbn stall may urgereke the street clearing, and Do this resporvdda party for dna costs thereofat the amthne rate to said staff. Official Seat (q The responsible party may request that the Dlrocto of Opeeaos cnnducl an atlrNrististivv neoew SEAN-MICHAEL ARGO of such an oder. or the appropriateness of tte emA.a assessed for the weaning. The decision of she Notary Public-Arkansas Director of Operations shag CoeaMe final admiNStrat" action In the matter. WASHINGTON COUNTY RUUD WAPPRovaotnslTmgaet dayofAzooa. My Commission Expires 07-25-2013 APPROVED. DAN c000r, R+Opn By'. BY aoxo+u eRRrtx, cro Clark 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 9 (501 ) 442-1700