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REGULATING THE ADMINISTRATIVE APPROVAL OF
MINOR RIGHT OF WAY ENCROACHMENTS
Sections:
12.19.010 Purpose.
12.19.020 Revocable License Agreement.
12.19.030 Procedure for Approval.
12.19.040 Standards for Approval.
12.19.050 Indemnification.
12.19.060 Appeal of application denial.
12.19.070 Termination of Revocable License Agreement.
12.19.010 Purpose.
The purpose of this ordinance is to allow for minor right of way encroachments
including but not limited to commercial type trash dumpsters, fences, and mailbox
pillars to be approved administratively under certain limited conditions. The
approval shall be limited to those instances where the encroachment will not
interfere with vehicle or pedestrian traffic or sight triangles and has been
approved by all appropriate City departments. (Ord. O-2005-5 § 2, 2005).
12.19.020 Revocable License Agreement.
A. No person shall construct any improvement, such as fences or mailbox pillars,
or place any object, such as commercial type trash dumpsters in the public right
of way without first obtaining a Revocable License Agreement approved by the
Director of Finance.
B. This ordinance shall not apply to trash receptacles that are placed adjacent
to the traveled lanes for removal on the scheduled date of pick-up.
C. A fee for processing the Revocable License Agreement shall be set by City
Council resolution from time to time.
D. The revocable license agreement granted by the City is revocable at will
by the City. (Ord. O-2005-5 § 2, 2005).
12.19.030 Procedure for Approval.
A. An application form shall be obtained from the Department of Finance, Property
Management Section.
B. The application form shall be completed and returned to Property Management
for review with the applicable fee.
C. Property Management shall forward copies of the application to all appropriate
departments for review and comment.
D. Upon approval by appropriate departments, Property Management shall prepare
the Revocable License Agreement to be signed first by the applicant and final
signature by the Director of Finance. (Ord. O-2005-5 § 2, 2005).
12.19.040 Standards for Approval.
A revocable license agreement may be granted administratively only if the applicant
meets the following criteria:
A. The proposed encroachment shall not create an obstruction to vehicle, bicycle
or pedestrian traffic in any way.
B. The proposed encroachment shall not infringe upon any easement rights held
by the City of Lakewood, other public agency or utility
C. The proposed encroachment shall not obstruct the sight triangle.
D. The proposed encroachment shall not create or contribute to a safety hazard.
E. The proposed encroachment shall meet all standards and requirements of the
City of Lakewood for location and improvements. (Ord. O-2005-5 § 2, 2005).
12.19.050 Indemnification.
The Revocable License Agreement shall contain an indemnity agreement which releases
and discharges the City, its employees, agents and assigns from any liability
and from any and all claims, demands, damages, actions, causes of action, or
suits of any kind or nature whatsoever as related to encroaching upon the public
right-of-way. The Licensee shall reimburse the City for defending claims brought
against the City, failure to reimburse the City in a timely manner may result
in a lien being placed upon the Licensee's property. (Ord. O-2005-5 § 2,
2005).
12.19.060 Appeal of application denial.
In the event that the Director of Finance denies a revocable license agreement,
an applicant shall have the right to a quasi-judicial hearing before the City
Manager or his designee for the purpose of appealing the Director's administrative
decision. A written request for a hearing shall be made to the City Manager
or his designee within ten (10) days of the date of the mailing of the City
Clerk's written findings and decision denying the license application. The hearing
shall be conducted within ten (10) days of the City Manager's or his designee's
receipt of the written request for a hearing unless a later date is requested
by the applicant. (Ord. O-2005-5 § 2, 2005).
12.19.070 Termination of Revocable License Agreement.
The holder of the Revocable License Agreement may terminate the Revocable License
Agreement by notifying the City in writing, complying with the terms of the
Revocable License Agreement, and removing the encroachment. The City may terminate
the Revocable License Agreement by notifying the holder of the Revocable License
Agreement in writing. The holder of the Revocable License Agreement shall remove
the encroachment pursuant to the terms of the Revocable License Agreement. (Ord.
O-2005-5 § 2, 2005).
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