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O-2005-5
AN ORDINANCE
ADDING A NEW CHAPTER 12.19 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPROVAL OF LICENSE AGREEMENTS FOR MINOR ENCROACHMENTS IN PUBLIC RIGHTS OF WAYS AND AMENDING CHAPTER 8.14.025 D REGARDING THE LOCATION OF TRASH AND REFUSE CONTAINERS
WHEREAS, Ordinance O-2002-38 established certain requirements for the location of trash and refuse containers; and,
WHEREAS, said Ordinance requires commercial type dumpsters to be located out of the public right of way and on an all weather surface where they will not obstruct vehicle or pedestrian traffic or the sight triangle; and,
WHEREAS, certain portions of the City were platted with extensive rights of way that are not fully used; and,
WHEREAS, certain properties were constructed prior to the adoption of Ordinance O-2002-38 and are not able to conform to the requirements of said Ordinance; and,
WHEREAS, other minor encroachments are requested from time to time within the public rights of way such as commercial type trash dumpsters, fences and mailbox pillars which do not impede pedestrian or vehicular traffic nor sight triangles; and,
WHEREAS, it is the intent and declared policy of the City Council that all revocable license agreements do not grant any permanent rights in the party obtaining the revocable license agreement and that the City may revoke said revocable license agreement for any reason and without any right of appeal by the holder of the revocable license.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, that:
SECTION 1. Chapter 8.14.025 D. of the Lakewood Municipal Code shall be amended to read as follows:
"Except when placed curbside for trash pickup, all garbage, trash and refuse containers, including commercial type dumpsters and residential type containers, shall be placed on private property and shall not extend onto the public right of way unless a revocable license agreement has been approved by the City and a written Revocable License Agreement has been executed by the applicant and the City. All commercial type dumpsters shall be placed on an improved all-weather surface as defined in Title 17(9)(a) of the Lakewood Zoning Ordinance and shall not interfere with vehicle or pedestrian travel and shall not obstruct the sight triangle."
SECTION 2. A new chapter 12.19 shall be added to the Lakewood Municipal Code Regulating the Administrative Approval of Minor Right of Way Encroachments as follows:
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.
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.
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.
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.
12.19.50 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.
12.19.60 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.
12.19.70 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.
SECTION 3. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 14th day of February, 2005; published in full in the Lakewood Sentinel on the 17th day of February, 2005; set for public hearing on the 28th day of February, 2005; read, finally passed and adopted by the City Council on the 28th day of February 2005; and, signed and approved by the Mayor on the 1st day of March, 2005.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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