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Home My WebLink About3028 Amending AMC Chapter 13 ORDINANCE NO. '30;;.8 ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC CHAPTER 13, STREETS AND SIDEWALKS I\nnotated to show aeletians and additions to the code sections being modified. Deletions are ~old" .... . and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City ordinance violations consistent with Oregon Statutes; WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless otherwise specified; this Chapter is being amended to specify classifications where appropriate. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC 13.02.040 E. [Public Rights of Way - Penalty] is hereby amended to read as follows: E. Penalty. Knowingly occupying or encroaching upon a public right-of-way without the permission of the City shall be considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08. Violation of any code requirement, agreement, permit, license, or provision thereof, including any term, standard, requirement, or condition shall be considered Class I Qass A violation punishable as provided in AMC 1.08. SECTION 2. AMC 13.02.050 [Obligations of City] is hereby amended to read as follows: 13.02,050 Obligations of City The exercise. of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way for public access and does not obligate the city to open or improve any part of the right-of-way. Upon improvement of any public right-of- way to city street standards, the city shall accept by resolution the improvement and maintain and repair such improvement to the standard to which it has been improved. For purposes of weed abatement and similar nuisance-type ordinances imposing obligations upon property owners, (e,!!. snow removal. weeds and noxious ve!!etation. sidewalk Ordinance Amending AMC Chapter 13 Page 1 of6 maintenance) the city shall be responsible for compliance with such ordinances in public rights-of-way adjacent to or abuttinl! city-owned or controlled real property. SECTION 3. AMC 13.03.110 [Sidewalk Cafe, Special Event and Publication Box - Penalties] is hereby amended to read as follows: A. Knowingly occupying or encroaching upon a public right-of-way without the permission of the City shall be considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08. B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class ! Class ,4. violation as defined by AMC 1.08 and punishable as set forth in that section. C. The City Administrator or designee is authorized to issue a citation to any person violating the provisions of this chapter. Issuance of a citation shall trigger revocation of the permit or agreement under Section 13.03.100 and in the event of conviction, no permit shall be issued to the same person, entity or address, for a period of at least two years. SECTION 4, Section 13.03.115 [Summary Abatement] is hereby amended to read as follows: 13.03.115 Summary Abatement If the condition of any item in the City right of way, including any street or sidewalk is such that it creates a risk of serious injury to the persons or property, the Public Works Director is authorized to pursue summary abatement in accordance with Chapter 2.31 -hQ8 and to charge against the responsible owner/operator the full costs of such abatement. SECTION 5, Section 13.04.010 [Definitions] is hereby amended to read as follows: 13,01,010 Definitions Duty to repair and elear sidewall,s, SECTION 6, Sections 13.04.030 [Standards and Specifications] through 13.04.050 [Supervision] are hereby amended to read as follows: 13.04,030 Standards and Specifications A. Sidewalks shall be constructed of Portland cement concrete; shall be not less than five (5) feet in width, and shall be located one (I) foot from the property line extending toward the curb, unless otherwise approved by the City Council. B. The City Administrator or desil!nee shall establish supplemental standards and specifications for sidewalk construction, repair, or alteration to provide durable and practical sidewalks at a suitable grade determined by the City Administrator to be in accordance with the system of the City street grades. C. The City Administrator or desil!nee shall report to the City Council changes in sidewalk standards and specifications and shall keep a copy on file in the City offices for the use of the public. Ordinance Amending AMC Chapter 13 Page 2 of6 D. Sidewalks shall be constructed, repaired, or altered in accordance with the standards and specifications established under this section 13,04,040 Permits A. No person shall construct, repair, or alter a sidewalk without first obtaining a permit from the City. B. An application for iI permit shall be filed with the City Administrator or desil!nee on a form provided by the City, together with such other information as may be required by the City. After determining that the proposed sidewalk construction, repair, or alteration conforms to the applicable standards and specifications, the City Administrator ill: . desil!nee shall issue a permit to the applicant. If the City is requiring the repair of the sidewalk, the permit shall state the date within which the work shall be completed. 13.04.050 Supervision The City Administrator ordesil!nee may inspect any materials or construction details as it may, in the Administrator's judgment, be required to insure compliance with the permit and with the applicable standards and specifications. SECTION 7, Sections 13.04.060 [Required Sidewalk Repairs] through 13.04.080 [Assessment] are hereby amended to read as follows: 13.04,060 Required sidewalk repairs A. If a sidewalk is not beinl! maintained in accordance with this Code, the City Public Works Director or any Code Compliance Officer may issue a Notice and Order directinl! the responsible person or entity to obtain a permit and abate the violation within a specified number of days, not to exceed thirty (30 ) days in the case of sidewalk repair. The Uniform Abatement Process set forth in Chapter AMC 2.31. includinl! lien provisions thereof, shall apply to all violations identified in this Chapter and may be used to abate all such violations When the Cit)' Couneil determines that a sidewall. needs repa,ir, it shall, by resolution, direet the Cit)' :\dministrator to issue a notiee. B, The notiee shall require the O'll'ner of the property ad-jaeent to the defeeti'fe sidewall. to obtain a permit and to eomplete repair of the sidewalk witbin thirt)' (.JO) days or sueh period of time as determined by tbe Cit), Couneil. The notiee shall also state tbat if the repair is not made by the owner, the Cit), may repair tbe sidewall. aDd the east of the repair will be assessed against the propert)' adjaeent to the sidewalk. C. The City f.dministrator shall eause a eertified eopy of the notiee to be seT".'ed personally upon the owner of the property adjacent to the defective sidewall. or the notice may be seryed by registered or eertified mail, retUTn reeeipt requested, If after diligent seareh the owner is not diseoyered, the City Administrator shall eause a eeFtified copy of the notiee to be posted in a conspicuous place on the propcrt)' and such posting of notiee shall ha~'e the same effect as sen'ice of notiee by registered or Ordinance Amending AMC Chapter 13 Page 3 of6 eertified mail or by personal ser'/iee upon tile owner of tile property. D. Tile per~on sen'ing tile ootice sllall file witll tile City Reeorder an affidayit stating tile time, plaee, and manner of serviee of notiee. (Ord. 1515 86, 1967) 13.04,070 City may make repairs If repair of the sidewalk is not completed within thirty (30) days after the service of notice to repair, the City Administrator, or designee shall order the repair or completion of the repair of the sidewalk done by the City. Said repair and assessment shall be l!overned by the Uniform Violation Abatement Ordinance. AMC 2,31. Ypoo completion of tile sidewall. repair, tile City Administrator shall submit a report to the City Council whiell report sllall contain an itemized statement of tile eost of the repair and the proportionate sllare of the east on eacll lot or parcel of land adjaeent to tile sidewall. upon whiell the repair has been made. 13.01.080 Asscssment Repairs by City Upon reeeipt of tile report, the City Couneil shall, by ordinance, assess the cost of repairing the sidewalk against tile property adjaeent to tile repaired sidewall., Tile assessments shall be collected in tile same manner as is proyided for tile colleetion of otller improycment assessments. If a sidewall. repair assessment is not paid witllin ten (10) days after notice ofsueh assessment is gi'/en, ten pereent (10%.) of tile amount of tile asscssment shall be added to the assessment as a penalty SECTION 8. Section 13.04.09 [Penalties] is hereby amended to read as follows: 13.04.090 Penalties A, Knowinl!ly alterinl! a sidewalk. (incIudinl! construction, reconstruction, repair or other alteration) without a permit issued by the City in accordance with this Chapter shall be considered a Class C misdemeanor offense. subject to the limitations of AMC 1.08, B. Any violation of the requirements of this chapter, not addressed in A above. incIudinl! violation of the terms and conditions of a permit or failure to maintain a sidewalk. shall be a Class I violation as defined by AMC 1.08 and punishable as set forth in that section. Any pemon wllo yiolates any of tile provisions of tllis chapter is guilt), of an inf-raetion skallbe subjeet to the penalties set fortll in Seetion 1.08.020, SECTION 9. Section 13.12.130 [Street Excavations - Penalties] is hereby amended to read as follows: 13.12.130 Penalties. A, Knowinl!Iy excavatinl!, cuttinl!, breakinl!. dil!l!inl! up, or damal!inl! in any manner. includinl! undermininl! or tunnelinl! under a public street or alley without a permit issued by the City in accordance with this Chapter shall be considered a Class C misdemeanor offense, subiect to the limitations of AMC 1.08. Ordinance Amending AMC Chapter 13 Page 4 of6 B. Any violation of the requirements of this chapter, not addressed in A above, includinl! violation of the terms and conditions of a permit, includinl! failure to restore the work site, shall be a Class I violation as defined by AMC 1.08 and punishable as set forth in that section. ,4.ny person violating any pro"/ision of this ehapter is guilt)' of an infraction and shall be subject to the penalties set forth in Section 1.08,020, SECTION 10. Section 13.13.017 [StreetOiling - Violation-Penalty] is hereby amended to read as follows: 13,13,017 Violation - Penalty A. Knowinl!ly applyinl! oil to a street or alley without a permit issued by the City in accordance with this Chapter shall be considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08. B, Knowinl!ly applyinl! unapproved or contaminated oil to a street or alley shall be considered a Class C misdemeanor offense, snbject to the limitations of AMC 1.08, C. Any violation of the requirements of this chapter, not addressed in A and B above. includinl! violation of the terms and conditions of a permit, shall be a Class I violation as defined by AMC 1.08 and punishable as set forth in that section. ,4.ny person, firm or eorporation violating any ofthe provisions of this Chapter, or failing to eomply with them, is, upon convietion thereof, punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code relating to infraetions. SECTION 11. Section 13.16.100 [Street Tree - Violation-Penalty] is hereby amended to read as follows: 13,16,100 Violation - Penalty L4.ny per~on who yiolates any of the provisions of this chapter is guilt)' of an infraetion and shall be subjeet to the penalties set forth in Section 1.011.020, A. Knowinl!lv removinl! a tree without a permit issued by the City in accordance with this Chapter shall be considered a Class C misdemeanor offense, subject to the limitations of AMC 1.08. B, Knowinl!ly abusinl!, destroyinl!, mutilatinl!. electrifyinl!, poisoninl! or contaminatinl! any tree, shrub or plant in a public plantinl! strip or on any other public property shall be considered a Class C misdemeanor offense. subiect to the limitations of AMC 1.08. C. Any violation of the requirements of this chapter. not addressed in A and B above, includinl! violation of the terms and conditions of a permit, shall be a Class II violation as defined by AMC 1.08 and punishable as set forth in that section, Ordinance Amending AMC Chapter \3 Page 5 of6 SECTION 12, Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, cl<\uses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 13, Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 14. Codification, Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and typographical errors and cross references may be corrected by the City Recorder, provided however that Sections 12 thru 14, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in acco dance with Article X, Section 2(C) of the City Charter on the ....fgday of ,2010, and dul ASSED and ADOPTED this 4- day of ,2010. &;-W Barbara Christensen, City Recorder SIGNED and APPROVED this ---'-day of ~. ,2010. viewed as to h~ Richard Appicello, Ordinance Amending AMC Chapter 13 Page 6 of6