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Title 12
STREETS, SIDEWALKS AND PUBLIC PROPERTY3
Chapters:
12.02 PUBLIC RIGHTS-OF-WAY
12.04
PUBLIC IMPROVEMENT PROCEDURES
12.08
SIDEWALK, CURB AND DRIVEWAY CONSTRUCTION
12.10
SIDEWALK MAINTENANCE
12.12
PUBLIC PARKS
12.14
ADVANCE FINANCING OF PUBLIC IMPROVEMENTS
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Chapter 12.02
PUBLIC RIGHTS-OF-WAY
Sections:
12.02.010 Definitions.
12.02.020
Jurisdiction.
12.02.030
Scope of regulatory control.
12.02.040
City permission requirement.
12.02.050
Obligations.
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12.02.010 Definitions.
For the purpose of this chapter:
"Person" means individual, corporation, association, firm, parmership, joint stock company, and similar entities.
"Public rights-of-way" include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
"Within the city" means territory over which the city now has or acquires jurisdiction for the exercise of its powers.
(Ord. 2-97 § 1, 1997.)
12.02.020 Jurisdiction.
The city has jurisdiction over and exercises regulatory control over all public rights-of-way within the city under authority of the city Charter and state law. (Ord. 2-97 § 2, 1997.)
12.02.030 Scope of regulatory control.
The city has jurisdiction over and exercises regulatory control over each public right-of-way whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction or regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. (Ord. 2-97 § 3, 1997.)
12.02.040 City permission requirement.
No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. (Ord. 2-97 § 4, 1997.)
12.02.050 Obligations of the city.
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not the official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. (Ord. 2-97 § 5, 1997.)
Chapter 12.04
PUBLIC IMPROVEMENT PROCEDURES 1
Sections:
12.04.010 Initiation of proceedings.
12.04.020
Action on engineer's report.
12.04.030
Resolution and notice of hearing.
12.04.040
Hearing and action on improvements.
12.04.050
Manner of doing work.
12.04.060
Call for bids.
12.04.070
Method of assessment and alternative methods of financing.
12.04.080
Final assessment ordinance.
12.04.090
Notice of assessment.
12.04.100
Lien record and foreclosure proceedings.
12.04.110
Errors in assessment calculations.
12.04.120
Supplemental assessments.
12.04.130
Rebates.
12.04.140
Remedies.
12.04.150
Abandonment of proceedings.
12.04.160
Curative provision.
12.04.170
Reassessment.
12.04.180
Bancroft Act.
12.04.190
Segregation of assessments-Fees.
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12.04.010 Initiation of proceedings.
Whenever the city council shall deem it necessary, upon its own motion or upon the petition of the owners of at least sixty percent of the property to benefit specifically from the improvement, to construct, alter, repair, improve, widen or extend any street, alley, sidewalk, parking, curbing or any part thereof, or to construct, alter or install street lights, or to construct, improve or repair any sanitary or storm sewer or water line or any part thereof, or to acquire, establish, construct or reconstruct any off-street motor vehicle parking facility, or to construct, reconstruct, repair or equip a park, playground or other recreational facility, for which it is anticipated that special assessments will be levied, it shall by motion direct the city engineer or engineer retained by the city to make an investigation of such project and to submit a written report with the city administration. Such report shall contain the following:
A. A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof;
B. Preliminary plans, specifications and estimates of the work to be done; provided, however, that where the proposed project is to be carried out in cooperation with any other governmental agency, the engineer may adopt the plans, specifications and estimates of such agency;
C. An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto;
D. An estimate of the unit cost of the improvement to the specially benefited properties;
E. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited;
F. The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the owners or reputed owners thereof and, when readily available, the names of the contract purchasers thereof;
G. A statement of outstanding assessments against property to be assessed.
(Ord. 7-74 § 1, 1974.)
12.04.020 Action on engineer's report.
After the report from the engineer has been filed with the city manager, the city council may thereafter by motion approve the report, modify the report and approve it as modified, require the engineer to supply additional or different information for such improvement, or it may abandon the improvement. (Ord. 14-74 § 3 (part), 1974; Ord. 7-74 § 2, 1974.)
12.04.030 Resolution and notice of hearing.
After the city council has approved the engineer's report as submitted or modified, the council shall, by resolution, declare its intention to make such improvements, provide the manner and method of carrying out the improvement and shall direct the city recorder to give notice of such improvements by posting at the city hall and at two places within the benefited area, and by mailing copies of such notice to the owners to be assessed for the costs of such improvement. Said notice shall contain the following:
A. A statement describing the proposed improvement, the area to be served, and the intention of the council to make such an improvement;
B. That the engineer's report is on file at city hall and may be examined during normal business hours, or other specified times;
C. That the council will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than ten days following the mailing of notices, at which time objections and remonstrances to such improvement will be heard by the council;
D. The estimated total cost of the project or the cost of that portion of the project to be financed by assessments to
benefiting properties.
(Ord. 7-74 § 3, 1974.)
12.04.040 Hearing and action on improvements.
If, prior to or during the hearing regarding the formation of local improvement district for any reason other than to correct danger to public health, written objections are received from owners, representing two-thirds of the area to be assessed, the improvement proceedings shall be abandoned and shall not be subject to a further hearing for at least three months. If the city council finds, however, that a danger to public health exists which will be corrected by the creation of a local improvement district, no right of remonstrance shall exist from owners within the area to be assessed. A "danger to public health" is defined to mean a condition which is conducive to the propagation of communicable or contagious disease producing organisms and which presents a reasonably clear possibility that the public generally is being exposed to disease caused physical suffering or illness, including a condition such as:
A. Impure or inadequate domestic water;
B. Inadequate installation for the disposal and treatment of sewage, garbage or other contaminated or putrefying waste;
C. Inadequate improvements for drainage of surface water and other fluid substances.
The council, after receiving objections from owners representing not more than two-thirds of the area to be assessed where a danger to public health is not found, may adopt or amend the engineer's report and adopt the same by resolution. If the council finds that a danger to public health exists, it may adopt or amend the engineer's report and adopt the same by resolution. Having by resolution created a local improvement district, the council shall direct the city engineer or an engineer retained by the city to prepare detailed plans, specifications and cost estimates for the proposed improvement. (Ord. 8-86 § 1, 1986: Ord. 7-74 § 4, 1974.)
12.04.050 Manner of doing work.
The council may provide in the improvement authorizing resolution that the construction work may be done in whole, or in part, by the city, by a contract, by any other governmental agency, or by any combination thereof. (Ord. 7-74 § 5, 1974.)
12.04.060 Call for bids.
The city council, in its discretion, may direct the city manager to call for bids for construction of all, or any part of the improvement project on the basis of the council-approved engineer's report at any time after passage of said improvement authorizing resolution and the contracts shall be let to the lowest responsible bidder, provided that the city council shall have the right to reject all bids when they are deemed unreasonable or unsatisfactory. Said contracts shall provide for the bonding of all contractors for the faithful performance of any contract let under its authority, and the provisions thereof in case of default shall be enforced by action in the name of the city.
If the council finds, upon opening bids for the work of such improvement, that the lowest responsible bid is fifteen percent in excess of the engineer's estimate, it shall provide for holding a hearing of objections to proceeding with the improvement on the basis of such bid, and it shall direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city. Notice shall state the purpose, date, time and place of said hearing. After the hearing, the council shall determine whether said bid shall be accepted or rejected. (Ord. 14-74 § 3 (part), 1974; Ord. 7-74 § 6, 1974.)
12.04.070 Method of assessment and alternative methods of financing.
A. The council, in adopting a method of assessing the cost of the improvement, may:
1. Use any just and reasonable method to determine the extent of an improvement district consistent with the benefit derived;
2. Use any just and reasonable method of apportioning the sum to be assessed among the benefited properties;
3. Authorize payment by the city of all or part of the cost of an improvement when in the opinion of the council the topographical or physical conditions, unusual or excessive public travel or other character of the work involved warrants only partial payment or no payment of the cost by the benefited property.
B. Nothing contained in this section shall preclude the council from using other means of financing improvements, including federal and state grant-in-aid, sewer and/or water charges or fees, revenue bonds, general obligation bonds or other legal means of finance. If other means of financing are used, the council may levy special assessments according to benefits derived to cover any remaining part of the cost.
(Ord. 13-94 § 1 (part), 1994: Ord. 15-75 § 1, 1975: Ord. 7-74 §§ 7, 9, 1974.)
12.04.080 Final assessment ordinance.
A. If the council caused the public improvement to be made and the actual cost has been determined, upon completion of the project the council shall determine whether the benefited property shall bear all or a portion of the cost. The actual cost of the project shall include interim financing costs. The recorder or other person designated by the council shall prepare the proposed final assessment for each lot within the assessment district and file the assessments in the recorder's office.
B. Notice of the proposed final assessment shall be published and mailed or personally delivered to the owner of each lot proposed to be assessed at the address shown on the Clackamas County tax assessor's rolls. The notice shall state the amount of the proposed final assessment on the property and fix a date by which time any objections shall be filed with the recorder and the date and time set for the public hearing at which the council will hear objections. An objection shall state the grounds for the objection.
C. At the hearing the council shall consider the objections and may adopt, correct, modify or revise the proposed final assessment against each lot in the district according to special and peculiar benefits accruing to it from the improvement.
(Ord. 13-94 § 1 (part), 1994: Ord. 15-75 § 2, 1975: Ord. 7-74 § 8, 1974.)
12.04.090 Notice of assessment.
A. Within ten days after the ordinance levying final assessments has been passed, the recorder shall send a notice of final assessment to the owner of the assessed property by registered or certified mail and publish notice of the assessment twice in a newspaper of general circulation in the city. The first publication of notice shall be not later than twenty days after the date of assessment ordinance.
B. The notice of final assessment shall include the name of the property owner, a description of the assessed property, the amount of the final assessment and the date of the assessment ordinance and shall state that interest will begin to run on the final assessment and the property will be subject to foreclosure unless the owner either makes application to pay the final assessment in installments within ten days after the date of the first publication of notice or pays the final assessment in full within thirty days after the date of the assessment ordinance.
(Ord. 13-94 § 1 (part), 1994.)
12.04.100 Lien record and foreclosure proceedings.
A. After passage of the final assessment ordinance, the recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, description of the improvement, names of property owners and the date of the final assessment ordinance. Upon entry in the lien docket, the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement.
B. Assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as state law permits.
C. The city may enter a bid on property being offered at a foreclosure sale. The city bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property.
(Ord. 13-94 § 1 (part), 1994: Ord. 20-80 § 1, 1980: Ord. 6-76 § 1, 1976: Ord. 7-74 § 11, 1974.)
12.04.110 Errors in assessment calculations.
Claimed errors in the calculation of assessments shall be called to the attention of the recorder, who shall determine whether there has been an error. If there has been an error, the recorder shall recommend to the council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the recorder shall make the necessary correction in the docket of liens and send a correct notice of assessment by registered or certified mail. (Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 12, 1974.)
12.04.120 Supplemental assessments.
If a supplemental assessment is required pursuant to Section 12.04.170 of this chapter, the council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The council shall set a time for hearing objections to the supplemental assessment and direct the city recorder to publish one notice in a newspaper of general circulation in the city. After the hearing, the council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by Section 12.04.100. Notice of the supplemental assessment shall be published and mailed, and collection of the assessment shall be made in accordance with Sections 12.04.090 and 12.04.100. (Ord. 13-94 § 1 (part), 1994.)
12.04.130 Rebates.
If a rebate is required pursuant to Section 12.04.170 of this chapter, the council shall ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person's legal representative shall be entitled to payment of the rebate credit. (Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 14, 1974.)
12.04.140 Remedies.
A. Subject to curative provisions of Section 12.04.160 and rights of the city to reassess as provided in Section 12.04.170, proceedings for writs of review and equitable relief may be filed not earlier than thirty days nor later than sixty days after filing written objection as provided by Section 12.04.080.
B. A property owner who has filed a written objection with the recorder before the public hearing may have the right to apply for a writ of review based on the council's exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of a substantial right of the owner, if the facts supporting the claim have been specifically set forth in the written objections.
C. A property owner who has filed a written objection with the recorder before the public hearing may begin an action for equitable relief based on a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner and if the owner did not have actual knowledge of the proposed improvement before the hearing, the owner may file a written objection alleging lack of jurisdiction with the recorder within thirty days after receiving notice or knowledge of the improvement.
D. A provision of this section shall not be construed to lengthen the period of redemption or to affect the running of a statute of limitation. A proceeding on a writ of review or for equitable relief shall be abated if proceedings are begun and diligently pursued by the council to remedy or cure alleged error or defects.
(Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 10, 1974.)
12.04.150 Abandonment of proceedings.
The council may abandon proceedings for improvements made under this chapter at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled, and payments made on assessments shall be refunded to the person who paid them or to that person's legal representatives. (Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 15, 1974.)
12.04.160 Curative provisions.
A. An improvement assessment shall not be rendered invalid by reason of:
1.Failure of the engineer's report to contain all information required by Section 12.04.010;
2. Failure to have all information required in the improvement resolution, assessment ordinance, lien docket or notices required to be published and mailed;
3. Failure to list the name of or mail notice to an owner of property as required by this chapter;
4. Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
B. The council shall have authority to remedy and correct all matters by suitable action and proceedings.
(Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 16, 1974.)
12.04.170 Reassessment.
When an assessment, supplemental assessment or reassessment for an improvement made by the city has been set aside, annulled, declared void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the council doubts the validity of the assessment, supplemental assessment, rebate or any part of it, the council may make a reassessment in the manner provided by state law. (Ord. 13-94 § 1 (part), 1994: Ord. 7-74 § 13, 1974.)
12.04.180 Bancroft Act.
The provisions of Oregon Revised Statutes Sections 223.205 through 223.300 commonly known as the "Bancroft Bonding Act," together with amendments or future amendments thereof, are adopted and made a part hereof by reference. (Ord. 13-94 § 2, 1994; Ord. 7-74 § 17, 1974.)
12.04.190 Segregation of assessments-Fees.
Whenever an application has been made under the provisions of the Bancroft Bonding Act as herein adopted, and the application has been accepted and the payment of the assessment has been in fact financed by such procedure, the lien of such assessment may be segregated upon the following terms and conditions:
A. The property for which the segregation is to be made shall have been assessed as a unit and entered accordingly in the docket of liens;
B. There shall be no delinquent installments of principal or interest on the assessment of the entire parcel;
C. Written application shall be made to the city in such form as may be required, and such applications shall be accompanied by the fees established as hereafter provided. The written application must be submitted by the owner, mortgagee, or lienholder of a parcel of real property that was formed from the partition or other division of the larger tract of real property against which the assessment was originally levied. No apportionment shall be granted unless the applicant filed a true copy of the deed, mortgage, or instrument creating the new parcel or parcels;
D. Apportionment of the assessment shall be made by the city recorder and approved by resolution of the city council. In accomplishing apportionment, the installments remaining unpaid shall be prorated among the smaller parcels so that each parcel shall be charged with the percentage of the remaining installment payments equal to the percentage of the unpaid assessment charged to the parcel upon apportionment;
E. In order to help defray the costs of investigation, preparing legal descriptions, calculating an equitable division of the assessment and making lien docket entries, the city council may by resolution establish and from time to time amend a schedule of fees to be paid with any application filed under this section. Such fees shall not be refundable if the application is disapproved or the applicant withdraws his application.
(Ord. 13-94 § 4, 1994; Ord. 9-84 § 1, 1984.)
Chapter 12.08
SIDEWALK, CURB AND DRIVEWAY CONSTRUCTION2
Sections:
12.08.010 Application for permit.
12.08.020
Grade to be established.
12.08.030
Grade level survey.
12.08.040
Cost of survey or approval.
12.08.050
Sidewalk to be constructed in different location.
12.08.060
Planning commission consideration of a variance.
12.08.070
Expense of construction.
12.08.080
Sidewalk areas.
12.08.090
Residential sidewalks.
12.08.100
Commercial zones.
12.08.110
General specifications.
12.08.120
Method of sidewalk and driveway construction.
12.08.130
Method of curb construction.
12.08.140
Driveways and entrances to alleyways.
12.08.150
City removal of sidewalk.
12.08.160
Violation-Penalty.
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12.08.010 Application for permit.
No sidewalk, driveway or curb shall be laid down or constructed without first acquiring a permit from the city building department. The applicant must present a diagram showing the description of the contiguous property and the location of the intended construction in relation thereto, description of adjoining properties, name and address of the contractor, time of beginning and estimated time of completion of such construction and such other information as may be required by the city. (Ord. 8-73 § 1, 1973.)
12.08.020 Grade to be established.
No person may construct a sidewalk, driveway or curb until a definite grade therefor has been established. No permit for such construction may be issued until a grade has been so established. (Ord. 8-73 § 2, 1973.)
12.08.030 Grade level survey.
Upon application for a permit, the building official shall inform the city engineer, who shall set the grade or approve the grade as set by another registered professional engineer or registered professional land surveyor. Upon receipt of the approval or upon the completion of the grade survey, the building official may grant the permit. (Ord. 8-73 § 3, 1973.)
12.08.040 Cost of survey or approval.
One-half of the cost of a survey or approval of a survey shall be borne by the applicant, and the other half shall be borne by the city. (Ord. 8-73 § 4, 1973.)
12.08.050 Sidewalk to be constructed in different location.
If, at the time of application, the applicant indicates to the building official that he desires to construct a sidewalk in a different location in the sidewalk area than is provided for in this chapter, the building official shall notify the applicant that the matter may be presented to the planning commission. If the applicant desires to have the matter presented to the planning commission, he shall file a request for a variance and the administrative office shall schedule a public hearing before the planning commission. The administrative office shall notify the applicant of the time and place of hearing before the planning commission. (Ord. 8-73 § 5, 1973.)
12.08.060 Planning commission consideration of a variance.
If at the hearing the planning commission finds that, by reason of existing construction of buildings or sidewalks, it would be impractical or undesirable from a planning viewpoint to require sidewalk to be placed as provided in Sections 12.08.080, 12.08.090 and 12.08.100, the planning commission shall determine that a permit be granted for a variance. If the planning commission finds that such conditions do not exist, the request for a variance shall be denied. (Ord. 8-73 § 6, 1973.)
12.08.070 Expense of construction.
All sidewalk, driveway and curb construction pursuant to a permit required by this chapter shall be made and done at the sole expense of the owner of the property contiguous to such construction, and such construction shall include the cost of laying drain pipe in connection with the driveway, and also the reasonable cost and expense of supervision and inspection by the city. The city shall be held harmless from all such expenses or any part thereof. Thereafter, such owner shall keep said construction in good condition and repair. The building official shall have general supervision over sidewalk construction. (Ord. 8-73 § 7, 1973.)
12.08.080 Sidewalk areas.
Sidewalk areas within the city shall be and are defined and established as being ten feet in width extending from the property line to the outer edge of the curb. Minimum width of paving in commercial zones shall be six feet, normal paving width in residential zones is five feet. (Ord. 8-73 § 8, 1973.)
12.08.090 Residential sidewalks.
The sidewalk areas in residential districts of the city are designated and established for the use of the public in the following manner:
A. Except as provided in subsection B of this section, the first five feet in width outward from the street line or property line is reserved for the use of the city and other utilities in laying water, sewer, electric, gas and telephone lines, or such other uses as the city may determine from time to time. Subject to such use, the area shall be available for pedestrian travel, beautification of surroundings, or such other use by the owner or occupant of the abutting property as may be authorized by the city. The next five feet in width of the sidewalk area is reserved as the portion over which shall be constructed and laid the main walkway for pedestrian travel.
B. In any block where an existing sidewalk does not conform to the requirements of subsection A of this section, any additional sidewalk constructed along an extension of the line of such nonconforming sidewalk in the same block shall be aligned with the existing sidewalk.
(Ord. 8-73 § 9, 1973.)
12.08.100 Commercial zones.
The entire width of the sidewalk area is designated as the area upon which shall be constructed the main walkway for pedestrian travel, subject, however, to such other uses, such as planting strips, as may be determined and authorized by the city from time to time, with the outer six inches being the curb. (Ord. 8-73 § 10, 1973.)
12.08.110 General specifications.
Sidewalks and curbs shall be composed of a concrete mixture of not less than five and one-half sacks per yard and shall meet a test of three thousand pounds per square inch after a twenty-eight day cure. Foundations upon which concrete shall be laid shall be of a substantial construction, of sufficient depth, and of suitable material to properly carry the concrete overload intended without sinking or spreading, as determined by the building official or the city engineer. Expansion joints shall be provided in curbs and sidewalks at each end of each radius, on each side of each driveway, and otherwise shall be spanned so as to be no more than fifteen feet apart. (Ord. 8-73 § 11, 1973.)
12.08.120 Method of sidewalk and driveway construction.
Sidewalks shall be concrete with a minimum thickness or depth of four inches and shall present an even, smooth surface and shall be laid with the necessary joints as to prevent bulging or cracking by contraction or expansion. Driveways, as heretofore referred to, shall be a minimum thickness of six inches and shall slope from a grade five inches below the top grade of the curb, which point shall be one inch above the gutter line and uniformly back to the property line which shall be a slope of seven and one-half inches in a width of ten feet. The lateral driveway lines shall slope upward to gradually merge with the plane of the sidewalk and at all such places or merger there shall be included an expansion joint. Sidewalks shall have a gradual slope of one-fourth inch to the foot of width with the higher edge thereof being the edge toward the property line and the lower edge being to the plane of the curb, except where by reason of a variance a stepped curb is to be built. (Ord. 8-73 § 12, 1973.)
12.08.130 Method of curb construction.
Curbs shall be constructed with the top plane of the curb to be on the same surface level as the constructed sidewalk, except where by reason of a variance a stepped curb is to be built. Curbs shall be six inches wide at the top, nine inches wide at the bottom, and not less than sixteen inches deep. Curbs at driveways and alley crossings shall be cut away slopingly for a distance of three feet. Curbs shall be cut away to a depth of five inches from the top line of the curb and the gutter line shall be six inches from the top of the curb. Curbs at street intersection corners shall be rounded so as to curve on the basis of a ten-foot minimum radius. (Ord. 8-73 § 13, 1973.)
12.08.140 Driveways and entrances to alleyways.
Driveways and entrances to alleyways for vehicular travel over sidewalk areas may be constructed and laid down for proper ingress and egress to and from alleys and property contiguous to the sidewalk area. Such driveways shall slope from the grade of the sidewalk down gradually to the street gutter grade at the outer line of the street curb. The lateral driveway lines shall slope upward gradually to merge with the surface plane of the contiguous sidewalks and curbs. (Ord. 8-73 § 14, 1973.)
12.08.150 City removal of sidewalk.
In addition to any other penalty that may be imposed, sidewalk construction performed in violation of this chapter may be removed by order of the city council. The adjacent property owner and any contractor doing the construction shall be jointly and severally liable for the cost of such removal. (Ord. 8-73 § 15, 1973.)
12.08.160 Violation-Penalty.
Any person or persons violating any of the provisions of this chapter shall upon conviction thereof be punished by a fine not to exceed one hundred dollars, or imprisonment of not to exceed ten days, or both. (Ord. 8-73 § 16, 1973.)
Chapter 12.10
SIDEWALK MAINTENANCE
Sections:
12.10.010 Duty of property owner.
12.10.020
Extent of maintenance responsibility.
12.10.030
Defect-Report.
12.10.040
Notice requirements.
12.10.050
Repair specifications-Inspection.
12.10.060
City work-Costs.
12.10.070
Repair lien docket.
12.10.080
Lien-Foreclosure.
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12.10.010 Duty of property owner.
It is the duty of all property owners in the city to keep the sidewalks on the streets thereof adjacent to or abutting on their respective real property in a good state of repair so as to eliminate the hazard of injuries to pedestrians using the same. (Ord. 21-79 § 1, 1979.)
12.10.020 Extent of maintenance responsibility.
Real property owners in the city shall maintain and keep in repair all sidewalks, curbs, driveways, handrails, sidewalk doors and sidewalk lights in the streets and highways of the city in front of and as are adjacent to or abut on such owner's or owners' real property. (Ord. 21-79 § 2, 1979.)
12.10.030 Defect-Report.
Whenever any such sidewalk, curb or other installation as specified in Section 12.10.020 becomes defective or out of repair, the street superintendent shall report such defect to the city council, designating the description of the real property, the record owner or owners thereof, and also the kind and nature of repair to any such sidewalk, curb or other installation, as in his judgment is necessary for the safety of pedestrians and others using the same. (Ord. 21-79 § 3, 1979.)
12.10.040 Notice requirements.
The city council, upon receipt of such report from the street superintendent, and deeming such repair necessary, may direct the city recorder to notify such owner or owners in writing, through mail, and by posting a similar notice on the premises involved by the street superintendent; such notice to direct the owner or owners to make and complete the required repairs in the manner prescribed in such notice on or before thirty days after the mailing or posting of such notice. The notice may be mailed to the last known address of the owner or owners as may be listed in the records of the water collector's office, but if no such address or record exists, the notice may be mailed to the owner or owners at Sandy, Oregon, and such mailing shall be sufficient. (Ord. 21-79 § 4, 1979.)
12.10.050 Repair specifications-Inspection.
The repairs done or performed by the owner or owners shall be in accordance with specifications now on file in the office of the recorder. The completed work shall be inspected by the street superintendent and must be approved by him before acceptance by the city. If the work is not done properly according to specifications of the city or under substantial or in a workmanlike manner and the street superintendent refuses to pass the work, the owner shall make whatever corrections the street superintendent deems necessary for the city may go ahead with repairs in accordance with further procedure as stated in this chapter. (Ord. 21-79 § 5, 1979.)
12.10.060 City work-Costs.
In the event such owner or owners fail or refuse to make and complete such repairs to any such sidewalks, curb or other installation within said thirty-day period after the giving and posting of such notice, then the street superintendent may make such repair or repairs to such sidewalks, curb or other installation, or if he deems it necessary, he may employ a private contractor or repairman to make such repair or repairs to such sidewalk, curb or other installation as are required. After the repair or repairs have been made, the street superintendent shall report the cost thereof as to each separate repair, together with the name or names of the owner or owners of record, and upon approval of such reported cost by the city council, together with an added ten percent thereof as a penalty, the same shall become a lien against such abutting real property, and such liens shall have priority over all other liens against such property. (Ord. 21-79 § 6, 1979.)
12.10.070 Repair lien docket.
The city treasurer shall prepare and maintain a lien docket to be known as repair lien docket in which he shall enter all such liens as directed by the city council under this chapter, and such lien shall bear interest at the rate of six percent from the date of the approval thereof by the city council. (Ord. 21-79 § 7, 1979.)
12.10.080 Lien-Foreclosure.
At any time after such lien has been so docketed, a suit to foreclose same may be brought in the Circuit Court of the state of Oregon for Clackamas County, in the name of the city, and after the necessary procedure in court, said liens may be foreclosed and the lands against which said liens were docketed may be sold.
The foreclosure, including sale, shall be analogous to those in a suit for the foreclosure of real property as provided by the laws of the state of Oregon. (Ord. 21-79 § 8, 1979.)
Chapter 12.12
PUBLIC PARKS
Sections:
12.12.010 Rules adopted.
(Amended Ord. 2006-11 Nov. 20, 2006)
12.12.020
Violation-Penalty.
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12.12.010 Rules adopted.
The following rules and regulations governing the use of the public parks in the city are adopted:
Rule 1. No person shall dig up, cut, break, remove or deface any building, structure, sign, bush or plant belonging to or growing within a public park in the city without written permission from the city.
Rule 2. No person shall have in his possession or discharge any destructive weapon, firearm, firecracker, torpedo or fireworks, or throw or place upon the ground any lighted match, cigar or any burning substance in any public park in the city.
Rule 3. No person shall, within the limits of any public park within the city, use or utter any profane, threatening, abusive or indecent language.
Rule 4. All public parks belonging to the city shall be open to the public at dawn and shall be closed and visitors excluded therefrom after dusk each day. Special exceptions can be made by the city.
Rule 5. Use of motorized vehicles (exclusive of wheelchairs) is prohibited in city parks. An exception for the propose of loading and unloading may be made through special permit by the city.
Rule 6. Horseback riding is prohibited in city parks.
Rule 7. Dogs are not allowed in city parks unless on leash.
Rule 8. All persons using the park shall at all times obey all lawful orders of any police officer or lifeguard who may be stationed therein.
Rule 9. The drinking or possession of intoxicating beverages, other than beer and wine, is prohibited within any area of the city parks. There shall be no selling of alcoholic beverages within the parks.
Rule 10. All refuse, papers and rubbish shall be placed in refuse containers provided for that purpose, and everyone who uses park facilities shall keep them and the premises clean, so as to leave them in orderly condition for the next user.
Rule 11. Use of bicycles, skates, skateboards and other nonmotorized, wheeled vehicles is allowed in designated areas only.
Rule 12. Written permission by the city council is required for organized, promoted special events in city parks. Approval may include modifications to park rules. (Ord. 98-17, 1998: Ord. 9-77 § 1, 1977.)
Rule 13. No person shall deposit into a public water feature bubbling
agents or dyes, or any objects or substances that would harm or hinder its
function or endanger public safety. Materials used in the course of maintenance
or operations by city staff or contractors are excepted. Ord. 2006-11
12.12.020 Violation-Penalty.
Any person who violates any of the provisions of this chapter shall be punished for each offense, upon conviction thereof, by a fine of not more than three hundred dollars, or by imprisonment in jail not exceeding ninety days, or by both such fine and imprisonment. (Ord. 9-77 § 2, 1977.)
Chapter 12.14
ADVANCE FINANCING OF PUBLIC IMPROVEMENTS
Sections:
12.14.010 Definitions.
12.14.020
Receipt of application.
12.14.030
Utility analysis.
12.14.040
Public hearing.
12.14.050
Notification.
12.14.060
Advance financing resolutions and agreements.
12.14.070
Advance finance reimbursement.
12.14.080
Disposition of advance financed reimbursements.
12.14.090
Recording.
12.14.100
Public improvements.
12.14.110
Multiple public improvements.
12.14.120
Advance financed reimbursements on public improvements funded by the city.
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12.14.010 Definitions.
The following are definitions for the purposes of this chapter and for the purposes of any advance financing agreement entered into pursuant to this chapter and for any actions taken as authorized pursuant to this chapter or otherwise:
"Advance finance agreement" means an agreement between a developer and the city, as authorized by the city council, and executed by the city manager, which agreement provides for the installation of and payment for advance financed public improvements and which agreement contains improvement guarantees, provisions for reimbursement by the
benefiting property owners who may eventually utilize such improvement, inspection guarantees, and the like, as determined in the best interest of the public by the city council.
"Advance financing" means a developer's or the city's payment for the installation of one or more public improvements installed pursuant to this chapter which benefiting property owners may utilize upon reimbursing a proportional share of the cost of such improvement.
"Advance financing resolution" means a resolution passed by the city council and executed by the city manager designating a public improvement to be an advance finance public improvement and containing provisions for financial reimbursement by
benefiting property owners who eventually utilize the improvement and such other provisions as determined in the best interest of the public by the city council.
"Benefiting property" means that real property
benefiting from an advance financed public improvement.
"City" means the city of Sandy.
"City council" means the city council of Sandy.
"Developer" means the city, another municipal corporation, an individual, a partnership, a joint venture, a corporation, a subdivider, a partitioner of land or any other entity, without limitation, who will bear, under the terms of this chapter, the expense of construction, purchase, installation or other creation of a public improvement.
"Development" means that real property being developed by the developer and for which property the advance financing resolution is passed.
"Owner" means the fee holder of record of the legal title to the real property in question. Where such real property is being purchased under a recorded land sales contract, then such purchasers shall also be deemed owners.
"Public improvement" means the following:
1. The construction, reconstruction or upgrading of any water, sanitary, sewer or storm sewer system improvements;
2. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade for construction of any street;
3. The construction or reconstruction of sidewalks.
(Ord. 98-2 § 1 (part), 1998; Ord. 20-93 § 1 (part), 1993.)
12.14.020 Receipt of application.
The city council will receive application for advance financing from developers, which applications shall be submitted to the city manager and shall be accompanied by a fee set by resolution by the city council. The fee will be applied against the cost of administrative analysis of the proposed advance financing project, for the cost of notifying the property owners, and for recording costs and the like. When the city is the developer, the city council shall by motion direct the city manager to submit the application without fee. (Ord. 20-93 § 1 (part), 1993.)
12.14.030 Utility analysis.
Upon receipt of the advance financing application, the city manager shall make an analysis of the advance financing proposal and shall prepare a report to be submitted to the city council for review, discussion and public hearing. Such report shall include a map showing the location and front footage of the development and intervening property. The report shall also include the city's estimate of the total cost of the advance financed public improvement. (Ord. 20-93 § 1 (part), 1993.)
12.14.040 Public hearing.
Within a reasonable time after the city manager has completed his analysis, an informational public hearing shall be held in which all parties and the general public shall be given the opportunity to express their views and ask questions pertaining to the proposed advance financed public improvement. Since advance financed public improvements do not give rise to assessments, the public hearing is for information purposes only, and is not subject to mandatory termination due to remonstrances. The city council has the sole discretion after the public hearing to decide whether or not an advance financing resolution shall be passed. (Ord. 20-93 § 1 (part), 1993.)
12.14.050 Notification.
Not less than ten nor more than thirty days prior to any public hearing being held pursuant to this chapter, the developer and all
benefiting property owners shall be notified of such hearing and the purpose thereof. Such notification shall be accomplished by mail, notice shall be made on the date that the letter of notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect any advance financing resolution or the city council's action to approve or not approve the same. (Ord. 98-2 § 1 (part), 1998: Ord. 20-93 § 1 (part), 1993.)
12.14.060 Advance financing resolutions and agreements.
After the public hearing, held pursuant to Section 12.14.040, if the city council desires to proceed with advance financed public improvements, it shall pass an advance financing resolution accordingly. The resolution shall designate the proposed improvement as an advance financed improvement and provide for advance finance reimbursement by
benefiting property owners pursuant to this chapter. When the developer is other than the city, the advance financing resolution shall instruct the city manager to enter into an agreement between the developer and the city pertaining to the advance financed improvement, and may, in such agreement, require such guarantee or guarantees as the city deems best to protect the public and
benefiting property owners, and may make such other provisions as the city council determines necessary and proper. (Ord. 98-2 § 1 (part), 1998: Ord. 20-93 § 1 (part), 1993.)
12.14.070 Advance finance reimbursement.
A. Advance Financed Reimbursement Imposed. An advance financed reimbursement is imposed on all
benefiting property owners at such time as the owners apply for connection to advance financed water, sanitary sewer and storm sewer, improvements or connect to and use advance financed street and sidewalk improvements.
B. Rates.
1. Benefiting Property Owners.
a.The benefiting property owner shall pay advance financed reimbursement calculated as follows:
i.The total actual cost of the advance financed public improvement, increased by nine percent annual simple interest, or such other percentage that the city council may, from time to time, set by resolution, multiplied by a percentage of front footage owned by the
benefiting property owner of the total front footage of the advance financed public improvement, or by such other methodology as is approved by the city council. Future interest rate changes shall not apply ex post facto to previously executed reimbursement agreements.
b.Advance financing reimbursements for odd shaped lots shall be individually established and consistent with the benefit received by the lot and the reimbursement required of other lots in the area. If inequities are created through the strict implementations of the above formulas, the city council may modify its impact on a case-by-case basis.
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