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HomeMy WebLinkAbout011 - 02/06/2001 - AMENDING CITY CODE PERTAINING TO ENCROACHMENTS ON PUBLIC PROPERTY ORDINANCE NO. 11, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23, ARTICLE 11I, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ENCROACHMENTS ON PUBLIC PROPERTY WHEREAS, Article III, Division 3 of Chapter 23 of the City Code authorizes the issuance of permits for certain kinds of encroachments upon streets, sidewalks, and other public grounds within the City; and WHEREAS, the City Council has determined that the encroachment provisions of Chapter 23 of the Code of the City should be amended to include more complete protective provisions for the fee owners of properties abutting the proposed encroachments; to clarify the City's ability to revoke such encroachment permits; and to add certain other terms and conditions with regard to the issuance of such permits in order to better protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-81 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 23-81. Permit required; application. Any person desiring to place or erect a building, fence, barrier, post or other obstructions or encroachments upon any street, avenue, alley, sidewalk, highway, public right-of-way or other public ground within the city shall file a written application for a permit upon a form prepared and provided by the city. The provisions of this Division shall not apply to special events as defined in Section 23.5-2 of the Code. Section 2. That Section 23-82 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 23-82. Contents of Application. (a) The application for a permit shall contain the following: (1) The applicant's name, address and telephone number; (2) The location of the proposed encroachment,obstruction or structure; (3) The type of encroachment, obstruction or other structure; (4) The purpose of the proposed encroachment, obstruction or other structure; (5) A statement that the applicant agrees to abide by the provisions of this Division. (6) A statement that the applicant is the fee owner of the real property directly adjoining the public property upon which the encroachment is sought, or, if the applicant is not the fee owner of such real property, then the adjoining property owner's written consent to the encroachment. (7) The anticipated duration (term) of the proposed encroachment. (b) If the proposed encroachment is for the purpose of serving food and/or beverages for consumption within the encroachment area as an extension, accessory or complement to an adjoining business,the application shall also contain evidence of the applicant's ability and willingness to provide liability insurance insuring the city in a sum not less than one million dollars($1,000,000),proof of which insurance shall be provided to the city prior to issuance of the permit. Section 3. That Section 23-83 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 23-83. Investigation of application information; fee; permit modification and revocation. (a) The application shall be made to the City Manager. The City Manager shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit. In order for the application to be approved,the applicant for the proposed encroachment,obstruction or other structure must be the fee owner of the real property directly adjoining the public property upon which the encroachment is sought, or must have obtained and submitted with the application the written consent of such fee owner. Additionally, the proposed encroachment, obstruction or other structure shall not, in the judgment of the City Manager,constitute a nuisance or destroy or impair the use of the right-of-way by the public or constitute a traffic hazard. No permit shall be issued unless the City Manager determines that the foregoing criteria have been met. In investigating the application, the City Manager may consult with such city departments as he or she deems necessary to determine whether the application should be approved. If the City Manager determines that the public sidewalk, right-of-way or other public ground proposed for the encroachment permit is not needed for use by the public and that all submittal requirements of the application are complete,the City Manager may issue the permit for such duration and upon such other terms and conditions as the City Manager determines are necessary to protect the public welfare. As a condition of the issuance of any permit for the purpose of serving food and/or beverages, as referenced in subsection 23-82(2), the permittee shall annually provide to the City 2 Manager proof of uninterrupted liability insurance coverage in the amount required in said subsection, naming the city as an insured party. (b) Modification of a permit shall be required of the applicant if there is any change in the size or configuration of the area that is the subject of the permit and/or any change to any structure that was required or specifically authorized by the city upon the issuance of the permit. (c) At the time of issuance of a permit hereunder, and at the time of any modification of such permit, the applicant shall pay a fee in an amount established by the City Manager to help defray the costs incurred by the city in processing and administering the permit including, without limitation, the cost of inspecting the premises that are the subject of the application. . (d) Encroachment permits issued pursuant to this Division are authorized under Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the pleasure of the City Council or the City Manager, whether or not such right to revoke is expressly reserved in such permit. The applicant shall not be entitled to the refund of any fee upon such revocation. Section 4. That Section 23-84(a)of the Code of City of Fort Collins be amended to read as follows: Sec. 23-84. Notice to remove encroachment. (a) Whenever any encroachment, obstruction or structure is made or located contrary to the terms of the permit or without a permit or at such time as the permit is revoked as provided for in this Division, the City Manager shall give notice to the person who made or located such encroachment, obstruction or structure or caused or permitted it to be done or who owns or controls the premises with which such encroachment, obstruction or structure is connected to remove such encroachment, obstruction or other structure. It shall be removed within ten (10) days after notice. Section 5. That Chapter 23, Article III,Division 3 (Encroachments)of the Code of the City of Fort Collins be amended by the addition of a new Section 23-86, to read as follows: Sec. 23-86. Penalty. The failure of any permittee to comply with the terms of such permit or to vacate the permitted premises upon revocation of the permit, whether for cause or without cause, shall be deemed to constitute a violation of the Code and shall be punishable in accordance with §1-15. 3 Section 6. All permits existing upon the effective date of this Ordinance are hereby revoked effective March 31, 2001, or such earlier date as a new permit is issued by the City for the permitted premises, and the holders of such revoked permits may apply for a new permit in accordance with this Division 3. Introduced and considered favorably on first reading and ordered published this 16th day of January, A.D. 2001, and to be presented for final passage on the 6th day of February, A.D. 2001. Mayor ATTEST: :'A City Clerk Passed and adopted on final reading this 6th day of February, A.D. 2001. + f b 9 Mayor ATTEST: City Clerk 4