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HomeMy WebLinkAbout042 - 06/16/1966 - RELATING TO STREETS AND SIDEWALKS AND AMENDING CHAPTER 22 OF THE CITY CODE AND PROVIDING FOR REGULAT ORDINANCE NO 42 , 1966 BEING AN ORDINANCE RELATING TO STREETS AND SIDEWALKS AND AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS$ COLORAD09 19589 AS AMENDED AND PROVIDING FOR REGULATIONS CONCERNING ENCROACHMENTS, OBSTRUCTIONS OR OTHER STRUCTURES IN PUBLIC STREETS, ALLEYS OR OTHER PUBLIC RIGHTS-OF-WAY OR PUBLIC GROUNDS AND SETTING FORTH DETAILS WITH RELATION TO THE FOREGOING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That Chapter 22 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended by re-numbering Sections 22-29 1 through Sections 22-29 20 inclusive and changing such section numbers to Sections 22-1 through Sections 22-20 inclusive Section 2 That Section 22-16 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended by adding after the words "no permit under" as contained in the first sentence of said section the following words and figures, Sections 22-14 through Sections 22-20 inclusive of" Section 3 That Section 22-17 of the Code of Ordinances of the City of Fort Collins, Colorado, 19589 as amended, be and the same hereby is amended by adding after the words any person applying for a permit under" in the first sentence of said section the following words and figures, Sections 22-14 through Sections 22-20 inclusive of" Section 4 That Section 22-18 of the Code of Ordinances of the City of Fort Collins, Colorado, 19580 as amended, be and the same hereby is amended by deleting from the first sentence of said section the following words and figures, I Sections 22-29 15 through Sections 22-29 20 and by substituting therefore the following, "Sections 22-14 through Sections 22-20" Section 5 That Section 22-19 of the Code of Ordinances of the City of Fort Collins, Colorado, 19589 as amended, be and the same hereby is amended by deleting from the first sentence of said Section the following words and figures, Sectiors 22-29 14 through Sections22-29 20 and by substituting therefore the following words and figures, Sections 22-14 through Sections 22-20 Section 6 That Chapter 22 of the Code of Ordinances of the City of Fort Collins, Colorado, 19589 as amended, be and the same hereby is amended by adding to said chapter the following sections Section 22-21 - Encroachments - Application for Permit Any person desiring to 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 therefore, upon a form prepared and provided by the City Said application shall state therein the following A The applicants name, address and telephone number B The location of the proposed encroachment, obstruction or structure C The type of encroachment, obstruction, or other structure D The purpose of the proposed encroachment, obstruction or other structure E That the applicant agrees to abide by the provisions of Sections 22-21 through Sections 22-25 of the Code of Ordinances of the City of Fort Collins, Colorado, 19589 as amended Section 22-22 - Encroachments, Investigation and Issuance of Permit The application provided for in Section 22-21 above shall be made to the Department of Public Works Such department shall make an investigation of the information contained in the application and prior to the issuance of a permit shall determine that the proposed encroachment, obstruction or other structure does not constitute a nuisance, destroy or impair the use of the right-of-way by the public or constitute a traffic hazard No permit shall be issued where the above conditions are found to exist At the time of issuance of a permit hereunder the applicant shall pay a fee equal to the cost of recording with the County Clerk and Recorder of Larimer County the permit The Department of Public Works shall so record a copy of such permit Any such permit so issued may be revoked by the Department of Public Works at any time the conditions above referred to are found to exist, or when it is determined that the property upon which the encroachment, obstruction or structure exists is required for use by the public -2- Section 22-23 - Notice to Remove-Failure to Comply A Whenever any encroachment, obstruction or structure is made or located contrary to the terms of the permit therefore or without a permit or at such time as the permit is revoled as above provided for,'� the City Manager or his authorized agent, shall give notice to the person who made or located such encroachment, obstruction or structure or caused or permitted the same 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 The same shall be removed within ten days after notice B It shall be unlawful for any person to continue any encroachment, obstruction or other structure for a period of ten days after receipt of the notice provided for above Section 22-24 - Encroachments-Removal by City-Costs Incurred-Duty of Owner to Pay- Collection A In case any notice given under Section 22-23 shall not be complied with, the City Manager or his authorized agent is hereby authorized and empowered to cause the removal of the encroachment, obstruction or structure B Upon completion of such removal the City Manager or his authorized agent shall certify to the Director of Finance the cost of said removal and the Director of Finance shall thereupon by certified mail addressed to the owner of the premises with which the obstruction is connected, give notice of such removal and the cost incurred for such work together with a statement that the cost of the work will be assessed against the owner's lot, tract or parcel of land if such cost be not paid to the City within ten days after mailing of such notice C If such person fails to make payment within the aforesaid ten days the City shall make assessment by ordinance against the lot, tract or parcel of land in connection with which the encroachment, obstruction or structure was made, and such assessment shall be certified to the Treasurer of Larimer County for the purpose of having the same placed upon the tax roles and collected in the same .3. manner as general taxes are collected Introduced, considered favorably on first reading, and ordered published this 26t° day of May, A D 1966, and to be presented for final passage on the 16' day of June, A D 1966 r— ATTEST City Cle k Passed and adopted on final reading this 16°' day of June, A D 1966 or ATTEST city y C1 k .4.