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HomeMy WebLinkAboutOrdinance 1692ORDINANCE N0. 11~- AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 7.2.20.020 PERTAINING TO FENCES AND LANDSC.APIN~ 7N THF, PUBLIC RIGHm-OF-WAX THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS Section 1. Central Point Muni.cigal Code Section. 1.2.20.020 is hereby amended to read as follows: 12.20.020 Prohibited.. A, It is unlawful for any person to place or allow in or over a.ny alley, street or. sidewalk, or any street or alley right-of-way, whether improved ar not, any of the following: 1. Any garbage or refuse of any nature, provided, hocaever, that garbage or refuse i.n enclosed containers may be temporarily glac.ed within the street right-of-way upon garbage collection days; 2. Any hui.lding, fence, or other structure, including items which are by design intended to be portable, pr.ovi.ded however, that fences (subject to subsection B below} and mailboxes may be plar..ed in a right-of-way, at the owners' expense, i.f the same do not impede sight distance necessary for the safe use of the street, alley, driveway or sidewalk by vehicular or pedest.r.ian traffic, and further provided that. the same shall. be removed. upon the request of the City; 3. Any sports equipment or structures; 4. Any vehicle, for a period of longer than six hours, except in the following circumstances; a. In a location where parking is otherwise allowed, subject to the restrictions of. such allowance; anal b. When said vehicJ.e i.s att.ended by a driver. who is in the immediate vicinity a.nd r.agabl.e of immediately removing the vehicJ.e, whereupon said veh.icl.e ma.y be parked for loading or unloading for a period, reasonably necessary for said gurpose, provided that the driver thereof shall forthwith move the same upon request. in order to permit ingress and egress to other. premises, or upon regi.zest. of a. peace officer or fireman; 5. Any trees, shrubs or. other landscaping growing, encroaching or overhanging said alley, street., sidewalk or right- of-way, provided, however, that landscaping n.ot in excess of forty-two inches in height may be placed in an unimproved por.ti.on of a right-of-way, at the adjacent property owner's expense, i_f the same does not impede sight distance necessary f.or the safe use of the street, alley, driveway or sidewalk by veh.r,ul.ar or. pedestrian traffic, and further provided that said landscagi.ng shall be removed by said property owner at the City's request, and may be removed by the City at any time. 1 - ORDINANCE NO. ~lnQo2. (110593) B. The following apply to fences placed i.n ri_ght-of-ways: 1. Fences in right-of-wa.ys shall. be subject to the regulations contained in CPMC Chapter 1.5.20. In applying the height. limits of Chapter_ 15.20, such height limits shall, apply to fences in the right-of-way as i.f the fence i.n the ri.ghl_-of-way had been placed on the nearest. adjacent property line. 2. No fence shall be placed in a right-of-way unless anal unti.J. the person proposing to erer..t. the fence has first. obtained a fence permit under CPMC C.hapt.er 15,20, and entered i-nto a separate lease agreement with the City for the use of the space to be enclosed by the .f.ence. The following shall apply to the J. ease agreement: a. The deci.si.on as t.o whether or not. the City will enter into the lease agreement shaJ.l be a discret.i.onary deci_si.on, made by the City Council. h. Prior to the Council deciding the 9.ssue, property owners abutting the space proposed to be leased shall be given an opportunity to be heard, as required by ORS 271.430. c. Before deriding to lease the space, the Counr..i.l. shall determine that the use of the space will not unreasonably i.n.ter.fere with the public use and utility use of. the street or highway, as r.equi.red by ORS 27]..430. d. If the Council agrees to enter into a lease for the space enclosed by the fence, such lease shall be signed by all record owners of the property, shall be recorded by City at the appJ.i_cant's expense, shall bind future owners of the property, anal shall include the apply.cant's agreement to: i. Indemnify and hold City harmless £rom any and all causes of action which may acr.rue to the applicant. or any thi-rd party i.n connection with the appl9.rant's pJaci.ng of a fence i.n the right-of-way, or City`s removal or damaging of said fence; ii. indemnify and hold harmless any neighboring landowners from a.ny and all causes of action which may accrue to the applicant or any third party ;n connection with the nei.ghbor_i_ng landowner exerci.si-ng hi.s or h.er right to maintain, repair, replace or install a private utility line pursuant to section. B.9 below; and iii. Consent to a vacation of the street. right- of-way in the event C,i.ty should pursue such a vacation, and waive the ri-ght to be compensated if such vacation causes the owner's property to decrease in va).ue. e. The Council shall set the term of each lease, but. each lease shall be revocable by the City, for. a.ny reason or no reason, on not, less than 30 days written notice. In add:Lti_on, a yearly fee, set by the Council, shall be paid by the lessee on an annual basis, the exact amount and time of payment to be set by the Council. Failure to pay said yearly fee in a timely manner shall be grounds for revocat.i.on of the lease. 3. Prior to issuance of a fence permit, City water, sewer and st.o.rm drainage lines shall be located, by City, at City's expense. 2 - ORDINANCE NO. Il°Q 2 (110593) 4, No permit. for a f.enr.e i.n the right-of-way shall be issued for any property that is subject to a restrictive covenant. barring fences on the property line adjacent to the r.i_ght-of.-wa.y. 5. '?rior to issuance of. a fence permit, the applicant shall obtain written consent. for such fenr.e, including i.ts specific location, from the power company, telephone company, natural gas company, and cable tv supplier serving the immediate area. Such consent must incJ.ude the ut.i.li.ty company's agreement. to hoJ.d the City harmless from any claim by the uti.li.ty company for_ damage to any of its facilities caused by an, applicant, and from any claims by the applicant for any damage to the applicant`s fence that. may be caused by the utility company. 6. No fences shall be placed on or so as to block access to any water valve boxes, storm drainage catch basin:,, sewer manholes, fire hydrants or pumping stations and no fenr.e shall be located. closer than three feet from the same. Water meters that are enclosed must be easily accessible through. a gate or other_ suitable opening. 7. No fence shall be pJ.aced i.n an area in vi_olati.on of City sight- and. vision-clearance standards, as set forth i.n the Public. Works Standards. 8. Fences shall be placed so as to allow a flat, passable sidewalk area, a. minimum of five feet in width, measured from the curb. Such flat, passable sideoral]t area shall. be created, by the appJ.i.cant at applicant.'s expense, prior to construction of the fence, if it does not naturally exist. In no event. sha1.J. a fence be placed so as to cross or block an exist.i.ng pathway or sidewalk, or the straight continuation thereof.. If there is no curb, the t_en.ce must be no less than 23 feet. from th.e centerline of the street. In cases of uncertainty as to the location of the centerline of the street, City may, in its discretion, require the applicant to produce, at applicant's expense, a survey from a licensed surveyor locating the centerline of the street. 9. In the event that it becomes necessary for. a c.i.tizen to repair, maintain, replace, or install a private uti_J.ity line whi.c.h i_s buried in an area that has been fenced off by another citizen pursuant to this section, the party requiring access to the utility line may proceed to enter the right-of-way and effect the necessary work; provided that the resident at the fenced-in property is first given reasonable notice, and an opporttmi.ty to remove the fence, if necessary. If_ it becomes necessary to remove part or all of the fence i.n order to effect the necessary work, the person performing the work may, so long as reasonable notice and an opportunity to move the fence has been given, remove so much of the fence as i.s necessary i_n order to perform the work. Repair or replacement of the fenr.e, and any landscaping damaged during the work, shall be at. the expense of. the owner of_ the fence. 3 - ORDINANCE N0. 11~9~ (1]_0593) 10. City may, at. any t:i_me, f.or any reason, require removal o£ any fence placed. in the right-o£-way, with no compensation to the owner f.or the value of. the fence. If removal is not. acr.ompl.i.shed by the owner within 30 days after City's written request. therefor, City may effect removal and disposal, and. assess the property for the costs thereof. in the same manner as set forth i.n Central Point Municipal Code Ser..ti.on 8.08.030, pertaining to assessing r..ost.s of weed abatement. lJ.. If exi.sti.ng circumstances make it. reasonably necessary for City to remove a fence i.n the right-of-way without giving the property owner advance notice and an opportunity to remove thef.ence, City ma.y effect removal. and dispcsal, and assess the property for the costs thereof i.n the same manner as set forth in Central Point Municipal Code Section 8.08.030, the same as if the property owner had failed to remove the fence after due notice. 12. City shall not, under any circumstances, be responsible for any damage resulting from Cit.y's removal of any fence placed i.n the right-of-way, whether such damage i.s to a. fence, land.sca.ping, underground sprinklers, any bui.ldin.g or structure, loss of a pet, damage caused by a loose pet, or any other damage whatsoever, including personal injury. C. In the event any person violates this ordinance by placing or allowing in or over any alley, street or si.dewal.k, or any street or alley right.-of-way, any prohibited object, City may request that the object be immediately removed. If removal is not accomplished within a reasonable time as established by the City, City may effect removal and. assess the property f..or t..he costs thereof i.n the same manner. as set forth i_n Central Point Municipal Code Section 8.08.030. Passed by the Council a.nd signed by me in aut.henticati.on of i.ts passage this _2a day of `~<o.,,w__ /nos> 1.993. Mayor oger Westensee ATTEST: ~ /JM.~Y City R resentative Approved by me this ao2_., day of "~T,-//{wr~~./e[~4_~/~ 1993. Mayor! oger Westensee 4 - ORDINANCE NO. Ila4~. (J_10593)