City Municipal Code Results
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Public Works Projects Generally
12.08 Sidewalk Construction and Repair
12.12 Street and Sidewalk Use Permits
12.16 Street Use by Public Utilities
12.20 Vacation of Land
12.24 Park Facilities
Chapter 12.04
PUBLIC WORKS PROJECTS GENERALLY
Sections:
12.04.010 Purpose.
12.04.020 Definitions.
12.04.030 Hours of work.
12.04.040 Cleanup.
12.04.050 Safety.
12.04.060 Devices for streets and highways.
12.04.070 Detours.
12.04.080 Utilities.
12.04.090 Permanent survey markers and lot survey markers.
12.04.100 Construction line and grade stakes.
12.04.110 Preservation of property.
12.04.120 Protection of work during suspension.
12.04.130 Easements.
12.04.140 Adoption of technical specifications and standard drawings.
12.04.150 Violation--Penalty.
12.04.010 Purpose.
The purpose of this chapter is to regulate construction practices within the city of Enterprise and to provide specifications for improvements to municipal sewer, water, storm drains, roads and sidewalks constructed within the city by private individuals or firms. (Ord. 399 § 1, 1981)
12.04.020 Definitions.
As used in this chapter:
"City" means the city of Enterprise.
"Contractor" means any person actually undertaking construction work within the city of Enterprise, whether a contracting firm or an owner. When a contracting firm is undertaking construction activities for an owner of private property, both the contractor and the owner shall be jointly responsible for compliance with the provisions of this chapter.
"Council" means the common council of the city of Enterprise.
"Superintendent" means the superintendent of public works for the city of Enterprise. (Ord. 399 § 2, 1981)
12.04.030 Hours of work.
All construction activities shall be confined to daylight hours. If it is desired to carry on work at night, an application must be submitted to the superintendent and permission to work at time periods other than daylight hours may be granted by the superintendent, provided that the construction site is not immediately adjacent to residences. (Ord. 399 § 3, 1981)
12.04.040 Cleanup.
Throughout the period of construction, the contractor shall keep the site free and clear of all rubbish and debris and shall promptly clean up all portions of the site. Care shall be taken to prevent spillage on the streets or roads over which hauling is done. Any spillage or debris deposited on streets during construction activities shall be immediately cleaned up. The construction area shall be left in a clean and neat condition following completion of the project. The owner or contractor shall take precautions to abate dust by sweeping, sprinkling or other acceptable cleaning methods. In the event a contractor fails to comply with the terms of this section, the superintendent may order that civic cleanup measures be undertaken and if the contractor fails to comply therewith, the superintendent may order that all construction cease or that any part of the construction activities cease until satisfactory cleanup has occurred. (Ord. 399 § 4, 1981)
12.04.050 Safety.
The contractor shall erect and maintain such traffic control signs, temporary fences, bridges, railings, lights, barriers and other safety devices and take all other precautions necessary to prevent the creation of an unreasonable risk of accident. If any of the above items become misplaced, damaged or destroyed, they shall be replaced immediately in their proper location. All warning signs, barriers, barricades and lights shall conform to the Oregon Manual of Uniform Traffic Control. (Ord. 399 § 5, 1981)
12.04.060 Devices for streets and highways.
The contractor shall so conduct his or her operation as to offer the least possible inconvenience to traffic. The contractor shall obtain prior approval from the council for the closing or partial closing of any street, alley or other public thoroughfare and shall give advance notice of such closure to the Enterprise police and fire departments and all other agencies providing emergency service, and to occupants of property fronting on that portion of a street to be closed. Such notice shall be given by the contractor unless otherwise directed by the superintendent. With the approval of the superintendent, parking of cars nay be prohibited on streets where construction work is in progress. (Ord. 399 § 6, 1981)
12.04.070 Detours.
Detours shall be constructed and maintained as necessary to provide adequate passage of public traffic and removed when no longer needed. Routing of detours shall be approved by the chief of police. (Ord. 399 § 7, 1981)
12.04.080 Utilities.
A contractor, prior to undertaking construction activities, including construction of utilities, shall locate all public and private utilities, including pipelines, conduits, transmission lines, appurtenances of public utilities and those of private industry, businesses or individuals, and storm drains, sanitary sewers, irrigation facilities, street lights, lighting, traffic signals, telephone, television and fire alarm systems, and shall indicate the location thereof on any plans or drawings which are submitted to the city for approval. The contractor shall contact all utility owners and request that they locate and mark any existing utilities and appurtenances and service connections which may be affected by the project work. The contractor shall notify private or public utilities, and owners of private facilities described above, prior to excavating around such utilities or undertaking any construction work that may affect the same. The contractor shall bear all costs of repair. (Ord. 399 § 8, 1981)
12.04.090 Permanent survey markers and lot survey markers.
The contractor shall take all necessary measures to ensure the preservation of survey monuments, stakes, bench marks and stakes that mark property lines and corners. Any markers that are disturbed or lost by construction operations shall be replaced at the contractor's expense by a registered civil engineer or land surveyor. (Ord. 399 § 9, 1981)
12.04.100 Construction line and grade stakes.
For all construction projects whereby plans are required to be submitted to the city, the owner or contractor shall furnish and set construction stakes establishing lines and grades as determined to be necessary by an engineer for all work indicated on the plans or drawings, including lines and grades for street excavation and fill, finish sub-grade, finish base gravel, curbs and gutters, walks, structures and utilities and will furnish all the necessary information relative to lines and grades. (Ord. 399 § 10, 1981)
12.04.110 Preservation of property.
The owner or contractor shall protect all public and private property that may be endangered by his or her operation. (Ord. 399 § 11, 1981)
12.04.120 Protection of work during suspension.
If it becomes necessary to stop work because of storms or any other reason, the contractor shall open proper drainageways, erect temporary structures where necessary and prepare the work so there will be minimum interference to traffic and take every precaution to protect any damage to public and private property and prevent deterioration to work on municipal sewer, water, storm drains, sidewalks, streets or roads. If, upon recommencing construction activity, it is found that any such damage has occurred to such work, the owner or contractor shall correct all such conditions at his or her own expense in a manner acceptable to the superintendent. (Ord. 399 § 12, 1981)
12.04.130 Easements.
The owner shall provide the necessary right-of-way or easements for utilities which shall be recorded before any work is commenced on said utilities. (Ord. 399 § 13, 1981)
12.04.140 Adoption of technical specifications and standard drawings.
The council may by resolution promulgate, adopt and change technical specifications and standard drawings applicable to sewer, water, storm drains, roads and sidewalks for the city. Said resolution shall supplement and amplify or, where inconsistent, alter sections of the standard technical provisions and/or standard drawings applicable thereto. Where a project requires a permit or other approval from the council, modification in regard to technical specifications may be made by the council. (Ord. 399 § 14, 1981)
12.04.150 Violation--Penalty.
A person who violates or fails to comply with the provisions of this chapter or the technical specifications adopted by resolution pursuant to Section 12.04.140 of this chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than one hundred (100) days, or both. A violation of this chapter shall be considered a separate offense for each day the violation continues. For the purposes of this section, a "person" may include both a person on whose property construction or other work is performed in violation of this chapter and the building contractor who undertook the same, together with any other persons who knowingly perform work which is in violation of this chapter. (Ord. 399 § 16, 1981)
Chapter 12.08
SIDEWALK CONSTRUCTION AND REPAIR
Sections:
12.08.010 Definitions.
12.08.020 Duty to repair sidewalks.
12.08.030 Liability for sidewalk injuries.
12.08.040 Standards and specifications.
12.08.050 Submission of plans.
12.08.060 Supervision of work.
12.08.070 Notice to repair or make alterations.
12.08.080 City may alter or repair sidewalk.
12.08.090 Assessment for sidewalk work done by city.
12.08.100 Sidewalk construction requested by the property owner.
12.08.110 Violation--Penalty.
12.08.010 Definitions.
Unless the context requires otherwise, the following mean:
"Person" means a natural person, firm, corporation or other legal entity.
"Sidewalk" means the part of the street right-of-way between the curb lines or the lateral lines of a roadway and the adjacent property lines. (Ord. 421 § 1, 1983)
12.08.020 Duty to repair sidewalks.
It is the duty of an owner of land adjoining a city street to maintain in good repair the adjacent sidewalk whenever it becomes damaged or deteriorated in any way whatsoever. (Ord. 421 § 2, 1983)
12.08.030 Liability for sidewalk injuries.
A. The owner of real property responsible for maintaining the adjacent sidewalk shall be primarily liable to any person injured because of any negligence of such owner in failing to maintain the sidewalk in good condition.
B. If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provision of this section. (Ord. 421 § 3, 1983)
12.08.040 Standards and specifications.
Sidewalks shall be constructed, altered and repaired in accordance with city standards and specifications. (Ord. 421 § 4, 1983)
12.08.050 Submission of plans.
No person shall construct, alter or repair a sidewalk within the city without first making application for a permit and submitting the plans and specifications for the proposed work. Said application shall be made to the superintendent of public works through the city recorder's office, and all applicable standards and specifications established under Section 12.08.040 shall be met by said plans, and thereafter the superintendent of public works may issue a permit for the proposed work. There will be no charge for said permit, but it shall be issued through and a record kept in the city recorder's office. (Ord. 421 § 5, 1983)
12.08.060 Supervision of work.
The construction, alteration or repair of sidewalks shall be under the supervision of the superintendent of public works. The superintendent of public works may inspect any materials and construction details as, in his or her judgment, may be necessary to ensure compliance with the applicable standards and specifications. (Ord. 421 § 6, 1983)
12.08.070 Notice to repair or make alterations.
A. When the council deems that a sidewalk needs alteration or repair, it shall, by resolution, direct the superintendent of public works to issue a notice.
B. The notice shall require the owner of the property adjacent to the sidewalk to complete the work within sixty (60) days after service of notice. The notice shall also state that if the work is not completed by the owner within the sixty (60) day time period, the city may complete it and assess the cost against the property adjacent to the sidewalk.
C. The superintendent of public works shall cause a copy of the notice to be served personally upon the owner of the property adjacent to the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If, after diligent search, the owner is not discovered, the superintendent of public works shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property.
D. The person serving the notice shall file with the city recorder a statement stating the time, place and manner of service of notice. (Ord. 421 § 7, 1983)
12.08.080 City may alter or repair sidewalk.
If the sidewalk alteration or repair is not completed within sixty (60) days after service of the notice, the superintendent of public works may complete it. Upon completion of the project, the superintendent of public works shall submit a report to the council. The report shall contain an itemized statement of the cost of the work. (Ord. 421 § 8, 1983)
12.08.090 Assessment for sidewalk work done by city.
Upon receipt of the report, the council, by ordinance, shall assess the cost of the work against the property adjacent to the sidewalk. The assessment shall be a lien against the property an may be collected in the same manner as is provided for the collection of street improvement assessments. (Ord. 421 § 9, 1983)
12.08.100 Sidewalk construction requested by the property owner.
If a property owner petitions the council for an order to build a sidewalk on the part of the street abutting on the owner's property, agrees to pay cash or to make application to pay the cost in installments as provided by the Bancroft Bonding Act (ORS 223.205 to 223.300), waives the right to service and publication of notice of construction, and consents to the assessment of the property upon which the sidewalk abuts, the council may order the construction of the requested sidewalk if, in its judgment, the sidewalk should be built. (Ord. 421 § 10, 1983)
12.08.110 Violation--Penalty.
Violation of this chapter is punishable by a fine not to exceed three hundred dollars ($300.00). Each day's violation of a provision of this chapter shall constitute a separate offense. (Ord. 421 § 11, 1983)
Chapter 12.12
STREET AND SIDEWALK USE PERMITS
Sections:
12.12.010 Purpose.
12.12.020 Definitions.
12.12.030 Uses permitted without permit.
12.12.040 Permits for temporary street use.
12.12.050 Real estate directional signs.
12.12.060 Permits for long-term use.
12.12.070 Prohibited uses.
12.12.080 Obstruction of streets and sidewalks.
12.12.090 Variance.
12.12.100 Permissions revocable.
12.12.110 Contractor's duties.
12.12.120 Penalties for violation--Enforcement.
12.12.010 Purpose.
The purpose of this chapter is to provide standards for and permit procedures for use of dedicated street right-of-way within the city of Enterprise. (Ord. 408 § 1, 1982)
12.12.020 Definitions.
As used in this chapter:
"Abutting property owner," with respect to any portion of a right-of-way for which private use is sought, means the owner to whom title to that portion of the right-of-way would revert in the event the street were vacated.
"Right-of-way" means all dedicated street, alley and sidewalk rights-of-way within the city of Enterprise.
"Sidewalk" means that portion of a right-of-way, if any, improved primarily for pedestrian access. A sidewalk does not include the shoulder of a street, intended also for vehicle access.
"Traveled portion of a right-of-way" means that portion of a street or alley right-of-way, including graveled shoulder, which is used for vehicular access; on streets or alleys having curbs and sidewalks, the traveled portion of a street terminates at the curb line.
"Unimproved portion of a right-of-way" means that portion of a right-of-way which is neither a sidewalk nor a traveled portion of the right-of-way. (Ord. 408 § 2, 1982)
12.12.030 Uses permitted without permit.
The following uses of dedicated street and sidewalk rights-of-way are permitted by an abutting property owner without the necessity of a permit under Sections 12.12.040 or 12.12.060:
A. Lawn and Landscaping. Maintenance of lawns, shrubs, trees, flowers, and other landscaping improvements are permitted upon unimproved portions of a public right-of-way by the abutting property owner, provided, however, that no fences or landscaping improvements are permitted which materially interfere with pedestrian access along said unimproved portion of the right-of-way, nor are any improvements permitted which either interfere with the use, construction or maintenance of public improvements, or which cause damage to said improvements.
B. Signs. Subject to the additional restrictions set forth in the Enterprise zoning ordinance, signs which protrude over a city right-of-way are permitted which are anchored on a structure located on the land of abutting property owner, provided:
1. That said sign shall be no closer than four feet to a vertical line extended from the edge of the traveled portion of the right-of-way;
2. That said sign shall not pose a hazard to pedestrian or automotive traffic, and shall not obstruct visibility; and
3. That the lowest part of said sign shall not be less than eight feet from the surface of a sidewalk of unimproved portion of a right-of-way.
C. Merchandise Display. Subject to the additional restrictions contained in the zoning code and other ordinances of the city of Enterprise, merchandise may be displayed by an abutting property owner during normal business hours of sidewalks or unimproved portions of right-of-way, provided that:
1. When merchandise is displayed on an improved sidewalk, at least four feet of improved sidewalk is left unobstructed for use by pedestrians;
2. That when merchandise is displayed on an unimproved portion of right-of-way, sufficient room for pedestrian traffic is left such that the pedestrians are not forced upon the traveled roadway; and
3. That all merchandise is removed upon the close of the business day. (Ord. 408 § 3, 1982)
12.12.040 Permits for temporary street use.
A. The superintendent of public works may, upon application of any person, issue permits for temporary private use, of less than two weeks in duration, of public rights-of-way, subject to the following standards:
1. No use shall be allowed which obstructs a traveled roadway, without the approval of the city council;
2. Adequate provisions for safe pedestrian passage are made;
3. The use will not endanger the public safety, health or welfare;
4. The consent of the abutting property owner or owners is obtained; and
5. The use will not deprive an owner of property accessed by the right-of-way of pedestrian or vehicular access to their property.
B. The superintendent may impose conditions upon issuance of a permit necessary to implement the purposes of this section.
C. Within thirty (30) days of the granting or denial of a permit, the aggrieved party may appeal to the city council for review and decision. (Ord. 408 § 4, 1982)
12.12.050 Real estate directional signs.
A. As used in this section, an "off-premises real estate directional sign" means a sign which: (1) advertises the sale of real property located at a place other than immediately adjacent to the location of the sign; (2) is installed on the unimproved portion of the street right-of-way; and (3) is intended to provide directions to the property being sold.
B. Upon application, the city recorder may grant a permit for an off-premises real estate directional sign, to be located on a city street right-of-way, subject to the following provisions and restrictions:
1. Such permits shall be for a maximum duration of one year from the date of issuance and a blanket fee of twenty-five dollars ($25.00) per year for each applicant, covering all signs authorized by the city for a year, shall be imposed.
2. Prior to the issuance of a permit, a written letter or other consent, signed by the owners of property abutting the street immediately adjacent to the proposed location of the permit, shall be filed with the city recorder. Such consent shall be renewed in the event the applicant seeks to renew the permit for an additional year.
3. The maximum sign size to be permitted is two feet by two feet in area and not more than four feet high. The flat area of a sign shall not exceed four square feet in area; signs shall be supported by "legs" and not by an extension of the flat surface to the ground.
4. No more than two signs shall be permitted at a four-way intersection and no more than one for each intersection corner. Signs shall be located in such a fashion so as not to obstruct pedestrian access or impede visibility at intersections. The city may impose any condition it deems appropriate to a sign permit issued under this section.
5. All permits are revocable. The city may revoke the permit or may direct that a sign be installed at an alternate location or that specific requirements as to the manner or nature of the installation be changed.
6. The city recorder may refer an application to the city planning commission for a decision, under the same procedures as provided for issuance of zoning permits under the city's zoning code. A decision of the recorder to grant or deny a permit is appealable to the city planning commission under the same procedures as exist for appeal of a zoning permit, issued by the city recorder under the provisions of the city's zoning code.
C. All owners of off-premises real estate directional signs, presently located on a city street right-of-way, are required to file an application with the city recorder for a permit within thirty (30) days of the passage of the ordinance codified in this section. (Ord. 481 § 1, 1995)
12.12.060 Permits for long-term use.
A. Permits for uses of public rights-of-way of a proposed duration longer than two weeks may be granted or denied by the city planning commission pursuant to the conditions and criteria contained in this section, after such notice and hearing as is provided for conditional use permits under the city of Enterprise zoning code.
B. Permits may be issued only upon a finding that:
1. All owners of abutting property to whom title to that portion of the public right-of-way, proposed for private use, would revert in the event of vacation of the right of way, consent in writing to the proposed use;
2. The proposed use would not interfere with the use, maintenance and repair of any public improvements situate in the right-of-way, nor interfere with the installation, maintenance and use of future public improvements which are determined to be necessary or desirable;
3. The proposed use would not obstruct or impair existing pedestrian or vehicular access along the right-of-way;
4. The proposed use will not cause a hazard or create increased risk to pedestrian or vehicular traffic upon the public right-of-way;
5. The proposed use is not part of a permanent building such that removal of the proposed use would materially damage the building;
6. The use will not endanger the public health, safety and welfare; and
7. The proposed use is found to be in the public interest.
C. The commission may impose such conditions as are necessary to implement the provisions of this section and protect the health, safety and welfare of the residents of the city.
D. The granting or denial of a permit may be appealed to the city council for de nova review and decision pursuant to the procedures for appeal from the granting or denial of a conditional use permit. (Ord. 408 § 5, 1982)
12.12.070 Prohibited uses.
The following uses of public right-of-way are prohibited:
A. No building or enclosed structure may be permitted upon a public right-of-way, provided that permission may be granted where a building or structure encroaches upon the unimproved portion of a right-of-way due to survey error or due to reasons not the fault of the owner making the application, and provided further that the underlying fee to the portion of the right-of-way on which the building or structure is situate is owned by the owner of the encroaching building or structure;
B. No awnings or other appendages to a building shall be permitted upon the right-of-way which are so incorporated into a building upon the abutting owner's property that removal of said awning or other appendage would affect the structural integrity of said building; and
C. No use shall be permitted which would unreasonably interfere with or eliminate pedestrian or vehicular access to any property owner having enforceable legal access to the right-of-way and who does not consent, in writing, to the proposed use. (Ord. 408 § 6, 1982)
12.12.080 Obstruction of streets and sidewalks.
A. It is unlawful for any person to place any material, article or substance on any street, sidewalk or public place in the city of Enterprise; provided, that this section shall not apply to goods, wares or merchandise placed or deposited for a period of time not to exceed two hours in the course of delivery to or from any business house or private residence, nor to the placing or depositing of wood, coal, sawdust or other fuel for a period not to exceed ten (10) days, but in no event shall any of such substances be so placed on public streets or sidewalks so as to impede the free and uninterrupted flow of vehicular and pedestrian traffic.
B. It is unlawful for any person to place any building materials, machinery, equipment or lumber upon any public street or sidewalk unless a permit be first obtained from the city marshal, and in no case shall any of such articles be placed in such a position as to obstruct vehicular and pedestrian traffic.
C. Any materials, articles or substances placed upon public streets or sidewalks in violation of the provisions of this section are declared to be a public nuisance, and the city marshal is empowered to remove forthwith any of such materials, articles or substances.
D. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than two dollars ($2.00) nor more than twenty-five dollars ($25.00) or by imprisonment in the city jail for a term of not less than one nor more than twelve (12) days or by both such fine and imprisonment in the discretion of the court. (Ord. 220 §§ 1--4, 1939)
12.12.090 Variance.
A. Variance Criteria. In the event an application is made for a street use which is prohibited by the terms of this chapter, the city may grant a variance from the terms and conditions of this chapter if:
1. The proposed use, although prohibited by the literal terms of the chapter, is not inconsistent with the general policies and intent of the chapter; and
2. The proposed use will not materially impact public access, pedestrian or traffic, along the street right-of-way; and
3. The proposed use is in the public interest.
B. Variance Procedure. Variance applications shall be heard by the planning commission in the same manner as hearing procedures specified in Section 12.12.060 for permits for long-term use. The determination of the planning commission shall be reviewed de novo by the Enterprise city council. The council may affirm, reverse or alter the decision of the planning commission. Additional testimony may be taken at the Enterprise city council meeting and no advertisement of the hearing shall be required. (Ord. 417 § 1, 1983)
12.12.100 Permissions revocable.
All permissions to use rights-of-way for private use granted pursuant to this chapter, including Section 12.12.030, are temporary and subject to the public right to utilize the right-of-way for approved public purposes. All permissions provided by this chapter, or granted pursuant to the terms thereof, are revocable and any such use shall cease and any improvements be removed within thirty (30) days of the date the city council of the city of Enterprise, after holding a public hearing thereon, gives notice to the owner thereof to remove the same. (Ord. 408 § 7, 1982)
12.12.110 Contractor's duties.
Any person undertaking construction work in the city as an independent contractor shall, before commencing work on any private improvements within a city right-of-way, take reasonable steps to ascertain all approvals required under this chapter have been approved. (Ord. 408 § 8 (part), 1982)
12.12.120 Penalties for violation--Enforcement.
A. Violation--Penalty.
1. A person who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than one hundred (100) days, or both. A violation of this chapter shall be considered a separate offense for each day the violation continues. For the purpose of this subsection, a "person" may include both a person for whom construction is performed on a public-right-of way in violation of this chapter and the building contractor who undertook the same, together with any other persons who knowingly perform work which is in violation of this chapter.
2. In the event any construction is performed on a public right-of-way without the approvals required by this chapter or in violation of approval granted under this chapter, the city attorney may bring an action in a court of competent jurisdiction on behalf of the city and obtain an order requiring removal of said improvements.
B. Stop Work Order.
1. The superintendent of public works is empowered to post a stop work order in the form specified herein of any construction work on a public right-of-way being undertaken without approvals required by this chapter or which are being undertaken in violation of terms of the approval given by the city or otherwise being undertaken in violation of the terms of this chapter. The stop work order shall state that the work being performed is in violation of this chapter, that further work is prohibited by law and that work performed in violation of the stop work order may result in a fine and/or imprisonment. In the event necessary arrangements are made by the owner and/or contractor to lawfully proceed with work, the stop work order shall be rescinded by the superintendent.
2. Any contractor or owner of property on which a stop work order has been posted who causes further unlawful work to be done to said right-of-way, knowing said stop work order has been posted, may be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days, or both.
C. Enforcement. The superintendent may make a report of any violation of the terms and provisions of this chapter to the chief of police of the city of Enterprise. The chief of police may issue a citation or other accusatory instrument sufficient in form and content to charge the person or persons with violation of any applicable terms and provisions of this chapter. (Ord. 408 § 8 (part), 1982)
Chapter 12.16
STREET USE BY PUBLIC UTILITIES
Sections:
12.16.010 Findings.
12.16.020 Intent to be police power exercise.
12.16.030 Definitions.
12.16.040 Regulation of facilities.
12.16.050 Authority to order relocation of facilities.
12.16.060 Permit.
12.16.070 Extension to unlawful uses.
12.16.080 Maps for underground utilities.
12.16.090 Relocation for improvement projects.
12.16.100 Minimum service standards.
12.16.110 Reserve regulatory authority.
12.16.120 Permit for movement of buildings.
12.16.130 Liability.
12.16.140 Civil enforcement.
12.16.150 No waiver of franchise.
12.16.160 Violation--Penalty.
12.16.010 Findings.
The council of the city of Enterprise finds and determines that the construction, alterations and repair of streets, and the use of streets by the public, is directly affected by the existence and the use of utility property within the public right-of-way, and that the use of streets by utilities should be regulated and controlled to protect the traveling public and to prevent damage to the public streets, and to public and private property including the property of utilities using such streets; and the council further determines that it is necessary in the interest of the public health, safety, welfare and convenience to establish rules, regulations and standards to control and regulate the use by utilities of the public streets, alleys, easements and places within the corporate limits of the city of Enterprise. (Ord. 514 § 1, 1998)
12.16.020 Intent to be police power exercise.
This chapter is intended to be an exercise of the city's police powers for the health, safety, welfare and convenience of the public, but in the event that any provision hereof shall not be so construed, and shall conflict with any provision of an existing franchise or charter, then the terms of such franchise or charter shall prevail. (Ord. 514 § 16, 1998)
12.16.030 Definitions.
As used in this chapter and where the context permits:
"City" means the city of Enterprise, Oregon.
"Street" includes any public street, alley, place and easement and shall include the full dedicated width or length thereof.
"Utility" means and includes any person, firm, corporation, company, board or commission, whether public or private, which owns, possesses or maintains over, on or under the public streets, alleys, places and easements within the corporate limits of the city of Enterprise, poles, wires, cables, conduits or pipelines or other fixtures. (Ord. 514 § 2, 1998)
12.16.040 Regulation of facilities.
The council of the city of Enterprise may enact, by motion or resolution, rules, regulations and standards for the height, location and relocation of wires, poles and fixtures, and the depth, location and relocation of pipes and conduits, and the making of street openings and the repair and inspection thereof, for the purposes of protecting the traveling public from hazards, obstructions and defects on public streets, of providing for the restoration of public streets to substantially their previous condition, and for the protection of utility property over, on or under the streets of the city of Enterprise. The council may also provide in such rules, regulations and standards for the issuance of permits for work to be done and impose reasonable fees and charges for the review and inspection of plans and construction work and for damage to streets which cannot be fully repaired. The council may, from time to time, amend, change, or make additions to such rules, regulations and standards by either motion or resolution. Copies of all rules, regulations and standards, and amendments or additions thereto provided for in this section shall be mailed to both the local and head office of each utility using the streets of the city of Enterprise at least ten (10) days prior to the effective date thereof. The rules, regulations and standards adopted by the council shall have the effect of law; and any violation of such rules, regulations and standards shall be deemed and held to be a violation of this chapter and subject to all the penalties and remedies provided for in this chapter. All rules, regulations and standards adopted by the council shall be filed with the city recorder and shall be open to public inspection, and no failure to mail copies thereof to utilities shall cause any rule, regulation or standard to become ineffective or invalid or relieve any utility from the obligation of complying therewith. (Ord. 514 § 3, 1998)
12.16.050 Authority to order relocation of facilities.
The council of the city of Enterprise shall have the power and authority by resolution or motion to order the relocation within any area of the city of any existing or future poles, wires or fixtures to or from streets, alleys or easements, or from poles to underground conduits, where the council finds and determines that such relocation is necessary or desirable by reason of traffic congestion or the partial obstruction or impairment of pedestrian or vehicular traffic, or by reason of the existence of hazards or dangerous conditions created by the location of such poles, wires or fixtures. When the council determines that joint use of poles by two or more utilities is feasible and desirable in a particular area or street and the city makes written request to utilities for such joint use, then if the request is not complied with, the council may order any or all such utilities to provide such joint use under terms and conditions deemed by the council to be fair, equitable and reasonable to all parties concerned or the council may order such utilities to place such wires in underground conduits.
The council of the city of Enterprise shall have the power and authority by resolution or motion to order the raising or lowering of pipelines or conduits where the council finds and determines that any pipeline or conduit conflicts with the proposed locations of any pipeline designed to carry a substance or material by gravity flow, or by reason of the establishment of an original grade or change in the grade of any street; provided, however, that where a change is made in a legally established grade, the council may prescribe reasonable terms for such raising or lowering of pipelines or conduits. (Ord. 514 § 4, 1998)
12.16.060 Permit.
A. No utility shall commence any work for the original installation or the relocation of poles, wires, pipelines or conduits on public streets unless such utility shall have first filed a location map thereof with the city superintendent of public works and have received approval from the city superintendent of public works for such original installation or relocation. In the case of pipelines and conduits, a utility shall file a profile map in addition to a location map with the city superintendent of public works. The city superintendent of public works shall give his or her approval or disapproval in writing to the utility within forty-eight (48) hours after receipt of the location map and/or profile map, excluding Saturdays, Sundays and holidays. Each location map and/or profile map filed with the city superintendent of public works shall designate with reasonable certainty the boundary line or lines of the public right-of-way and the proposed locations for the poles, wires, pipelines or conduits. Except as provided in Section 12.16.070, approval or disapproval by the city superintendent of public works shall be based upon the existing or proposed location of pipelines, conduits, poles or fixtures, the existing or proposed grade of the street, the existing or proposed improvements of the street, and the street and zoning plans and policies of the city. Upon completion of any original installation or relocation, a utility shall file with the city superintendent of public works plans and profiles of the location thereof if there is any material variation from the original plans and profiles.
B. This section shall not apply to the relocation of poles, wires, pipelines or conduits which are ordered to be relocated by the city where the new location is designated by the city with location and/or profile maps. (Ord. 514 § 5, 1998)
12.16.070 Extension to unlawful uses.
The city shall have the right to deny permission for the extension of utility services over streets which are dedicated but have not been accepted as public streets by the city where such extension is designed to serve only properties which are being developed in violation of the laws of the city or the state of Oregon, and in particular the city of Enterprise land use ordinance, Ordinance No. 507, as the same may hereafter be amended or readopted. (Ord. 514 § 6, 1998)
12.16.080 Maps for underground utilities.
Within five days after receiving written request from the city superintendent of public works, a utility shall deliver to the city location and profile maps showing the location of all pipelines and underground conduits in specified streets, which are the subject of proposed street or sewer improvements. (Ord. 514 § 7, 1998)
12.16.090 Relocation for improvement projects.
A utility shall, at its own expense, move and relocate poles, fixtures, wires, pipelines and conduits whenever such movement and relocation shall become necessary or expedient, either permanently or temporarily, because of the construction of public improvements upon any street in the city of Enterprise. The utility shall be given at least five days' written notice excluding Saturdays, Sundays and holidays specifying the place where such poles, fixtures, wires, pipelines or conduits should be moved and the time within which such movement should take place. Where the city has contracted for the construction of a public improvement upon any street, it shall give the written notice provided herein at or about the time of the letting of such contract, but in no event less than five days prior to the time required for moving any poles, fixtures, wires, pipelines or conduits as herein provided. In the event that any such pole, fixture, wire, pipeline or conduit shall not have been moved within the time specified in said written notice, then the utility shall upon demand by the city pay to the city liquidated damages and penalty in an amount equal to two hundred dollars ($200.00) for each day or part thereof, excluding Saturdays, Sundays and holidays, from the time specified in such notice until such pole, fixture, wire, pipeline or conduit is actually moved as directed. (Ord. 514 § 8, 1998)
12.16.100 Minimum service standards.
Any electric power utility which maintains power lines and facilities on the public streets of the city of Enterprise shall maintain a business office within Wallowa County, Oregon, and shall have available during normal business hours (i.e., from at least eight-thirty a.m. to five p.m., Monday through Friday, excluding holidays) at least one person employed by the electric utility and who is available to meet and speak in person with customers of the utility concerning any matter pertaining to service or billings of the utility. (Ord. 514 § 9, 1998)
12.16.110 Reserve regulatory authority.
The city does reserve full power and authority, during the term of any franchise granted by the city, to exercise regulatory authority and control, to the full extent permitted by law, over all aspects of the operation, equipment and facilities of the utility, including, without limiting the foregoing, regulatory control over (A) the rates, charges or tolls paid to such utility; (B) the quality and character of each kind of product or service rendered by any such public utility; (C) the physical equipment, facilities and plant or service within the city, the modifications, additions and extensions thereto and the extent of such facilities and equipment as are reasonable and necessary in the interest of the public. (Ord. 514 § 10, 1998)
12.16.120 Permit for movement of buildings.
No person, firm or corporation shall move, or cause to be moved, over any city street, a building or structure unless such person, firm or corporation shall have first given at least ninety-six (96) hours' written notice thereof, excluding Saturdays, Sundays and holidays, to the public works department and police department of the city and to all utilities having wires which must be raised or lowered to permit the passage or movement of the building or structure along or across the street. The aforesaid written notice shall designate therein the proposed route over which such building or structure is to travel, the proposed time that such movement is to take place, the height of the building, and the estimated weight of the building or structure. Before the time specified for the movement of each building, the city superintendent of public works may require that a different route be taken or that specific methods be used in the movement of such building if, in the opinion of the superintendent of public works, damage might be caused to any street. The superintendent of public works may also designate a different time or day for such movement and give notice thereof to the utilities in the event that an interruption of utility service at the proposed time will unduly inconvenience the public. Where utility wires must be raised or lowered there shall be paid in advance to the utilities involved the actual cost of raising or lowering such wires. If the notices herein described are given and the cost paid to the utilities, it shall be the duty of such utilities to raise or lower all wires necessary at the required time. (Ord. 514 § 11, 1998)
12.16.130 Liability.
A utility shall be responsible and liable for any damages caused by its failure or neglect to comply with any of the provisions of this chapter, or the rules, regulations and standards adopted under the terms of this chapter for the protection of persons or property; and neither the city nor any of its officers or employees shall be liable for a dangerous or negligently created condition caused by the utility or by the failure of the utility to comply with this chapter or the rules, regulations and standards provided for herein. Nothing in this chapter shall be construed to impose a duty on the city to perform any work which is required of any utility, and a failure of a utility to perform work required by this chapter shall constitute a violation hereof. (Ord. 514 § 12, 1998)
12.16.140 Civil enforcement.
Insofar as it shall be permitted by law, the city may enforce any of the provisions of this chapter in a civil action or suit brought against the utility, or any of its officers, agents or employees. (Ord. 514 § 13, 1998)
12.16.150 No waiver of franchise.
No provision of this chapter shall constitute or be construed as granting or permitting the use of streets in the city by any utility which does not have a franchise from the city; nor shall this chapter be construed as a waiver or relinquishment by the city of any of its powers or privileges provided for by law, franchise or contract. (Ord. 514 § 15, 1998)
12.16.160 Violation--Penalty.
Violation of or failure to comply with any provision of this chapter is punishable upon conviction of a fine not to exceed two thousand dollars ($2,000.00), and each day that such violation shall continue and persist after due notice thereof shall constitute a separate and distinct violation of this chapter. (Ord. 514 § 14, 1998).
Chapter 12.20
VACATION OF LAND
Sections:
12.20.010 Procedure adopted--Right of access.
12.20.010 Procedure adopted--Right of access.
A. The city adopts as its procedure for the vacation of land within the city limits all the material provisions of Chapter 271 of Oregon Revised Statutes, as now enacted or hereafter amended.
B. In addition to those provisions, the city may reserve in the ordinance of vacation any right of access the city deems necessary for any utility or public service company or for the city in order to maintain or renew any service or facility located within the boundaries of the real property being vacated. (Ord. 377 §§ 1 and 2, 1979)
Chapter 12.24
PARK FACILITIES
Sections:
12.24.010 Definition.
12.24.020 Hours of use.
12.24.030 Exception.
12.24.040 Permits.
12.24.050 Posting of notice.
12.24.060 Posted rules.
12.24.070 Violation--Penalty.
12.24.010 Definition.
As used in this chapter, "park facility" means and includes the municipal swimming pool, the municipal tennis court, all municipal parks and all ball fields owned or operated by the city, but does not include the Alpine Meadows Golf Course. (Ord. 478 § 1, 1994)
12.24.020 Hours of use.
Except as authorized in Sections 12.24.030 and 12.24.040, no person shall use a park facility between the hours of ten p.m. and six a.m. No park facility shall be used for overnight sleeping or camping without a permit from the city recorder. (Ord. 478 § 2, 1994)
12.24.030 Exception.
The limitation on hours of use shall not apply to, nor prohibit, completion of any ball game after the time of ten p.m. so long as said game is sponsored or approved by any league or organization which is generally involved in the sponsorship or organization of organized athletic contests. (Ord. 478 § 3, 1994)
12.24.040 Permits.
The city recorder may issue a permit for the use of a park facility between the hours of ten p.m. and six a.m. and may impose conditions relating to the activities being conducted, the manner in which they are conducted and the time such activity is to cease. (Ord. 478 § 4, 1994)
12.24.050 Posting of notice.
The city superintendent shall, as soon as is reasonably practical, post signs at each separate park facility notifying the public of the limitations of hours of use created by this chapter. Until such time as said signs are posted, no citation for violation of this chapter shall be issued without a prior verbal warning having been given and a reasonable opportunity given to comply with this chapter. (Ord. 478 § 5, 1994)
12.24.060 Posted rules.
The city superintendent may, with the authorization of the city council, post rules for the use of a city park facility. Such rules shall be posted on a sign at a visible location at each separate park facility to which they apply. (Ord 525 § 1, 1999)
12.24.070 Violation--Penalty.
A person who violates the terms of this chapter, or any rule relating to the use of park facilities promulgated pursuant to this chapter, may upon conviction thereof, be punished by imposition of a fine of not more than fifty dollars ($50.00) for the first offense within five years, seventy-five dollars ($75.00) for the second offense within five years, and one hundred dollars ($100.00) for the third or subsequent offense within five years. (Ord. 525 § 2, 1999: Ord. 478 § 6, 1994)