Grants Pass Municipal Code
Title 9
LAND DEVELOPMENT AND PUBLIC IMPROVEMENTS
Chapters:
I. GENERAL PROVISIONS
9.01 City Utility Easements (Ord. 5197, 2003)
9.04 City Building Code - 2000 (Ord. 5012 '2, 2000)
9.08 Electrical Regulations
9.12 Prohibition of Fireworks, UFC Section 78.102 Amended.
9.13 Open Burning Prohibited (Ord. 4982 '1, 1999; Ord. 5229, 2004)
9.16 Building Moving (Ord. 4833 '3, 1995)
9.21 Sign Standards (Ord. 4952 '2, 1998; Ord. 4974 '1, 1999, Ord. 5248, 2004)
9.24 Swimming Pools
II. TRAILERS AND TRAILER PARKS
9.28 Trailer Coaches
9.32 Automobile Trailer Camps
III. PUBLIC IMPROVEMENTS
9.36 Public Improvements
9.37 Prequalification Requirements (Ord. 4752 '1, 1992)
9.40 Advance Financing of Public Improvements
9.44 Off-Street Parking Facility Assessment
IV. FLOOD HAZARD REGULATIONS
9.50 General Provisions
9.52 Definitions
9.54 Construction Standards
9.56 Administration
9.99 Claims Filed Under Ballot Measure 7 (Ord. 5037 '1, 2000)
CHAPTER 9.01
CITY UTILITY EASEMENTS
Sections:
9.01.010
City Utility Easement Designation.
9.01.020
Location of Public Utilities.
9.01.030
Public Utilities Prohibited from Requiring Additional Easements.
9.01.040
Location of Public Utility in Right of Way
9.01.050
Grade Changes
9.01.060
Above Ground Structures of a Public Utility
9.01.070
Other Structures Located Within a City Utility Easement
9.01.080
Grass, Asphalt, and Concrete Installed Within a City Utility
Easement
9.01.090
Trees Planted On or Before November 5, 2003
9.01.100
Trees Planted After November 5, 2003
9.01.110
Shrubs Planted Within a City Utility Easement
9.01.010 City Utility Easement Designation
1.
Where easements for water, sewer, storm drainage, electrical lines, cable
television, telecommunication facilities (including, but not limited to, telephone,
cellular phone, fiber optics), or other public utilities are required or necessary for
development, they shall be conveyed and dedicated as City Utility Easements.
2.
Areas previously designated as public utility easements are hereby converted to
City Utility Easements and subject to the terms and conditions contained in this
Chapter as if they were previously designated as City Utility Easements unless
there is specific and unambiguous language to the contrary in the previous
dedication.
3.
Public utilities (that have a current franchise with the City or a separate
temporary agreement with the City in lieu of a franchise) may be located in a City
Utility Easement and as such they have the right to install, access, maintain, and
operate their utility and related facilities within the Easement, including the right
of access to such facilities. Public utilities with a franchise may enforce the
provisions of this Chapter as to any owner or occupant of property upon which a
City Utility Easement is located.
9.01.020 Location of Public Utilities
1.
Except for service laterals and secondary voltage extensions in excess of 400
feet that serve a single property and except for sewer and water utilities as
directed by the Community Development and Utility Departments, public utilities
shall locate their lines, equipment and other service related infrastructure within
City Utility Easements so long as one is available or is under consideration for
approval. This section shall not be interpreted to prevent a public utility from
bisecting a right of way as otherwise authorized or allowed by law.
2.
After a public hearing before the Council and a finding that the public utility
cannot locate within City Utility Easements or right-of-way, or it is not in the public
interest for the public utility to so locate, the City Council may grant permission
for a public utility to locate in an alternate location.
9.01.030 Public Utilities Prohibited from Requiring Additional Easements
1.
Where a public utility is capable of locating their lines, equipment and other
service related infrastructure within a City Utility Easement the public utility shall
not require a separate easement, except in the case of secondary voltage
extensions, and shall not withhold service or threaten to withhold service if a
separate easement is not provided to the public utility (unless specifically
required to do so by applicable regulatory or electrical code requirements).
2.
Nothing in this section prohibits a public utility from lawfully obtaining an
easement from a private landowner where a private easement is necessary or
desirable to provide service to that landowner or neighboring landowners and a
City Utility Easement is unavailable to provide said service. A public utility shall
not acquire a private easement by unlawful means or means that violate
regulations of the Public Utility Commission of Oregon regarding the provision of
utility service.
9.01.040 Location of Public Utility in Right of Way
1.
Notwithstanding 9.01.020, the City Engineer may require a public utility to locate in
a portion of the public right-of-way instead of the City Utility Easement if the City
Engineer determines it is not in the public interest for the public utility to locate
within the City Utility Easement.
2.
If the City Engineer determines it is not in the public interest for the public utility to
locate in the City Utility Easement, the City Engineer shall provide written notice to
the public utility and the affected builder or developer as soon as practical to locate
in the right of way.
3.
In any written notice, the City Engineer shall provide a reasonable justification for
requiring the public utility to locate in the public right of way instead of the City Utility
Easement. Reasonable justification includes (but is not limited to) safety concerns
such as where the City Utility Easement is in a steep slope area and locating in the
City Utility Easement would result in unstable soil conditions.
4.
If the City Engineer determines it is not in the public interest for the public utility to
locate in the City Utility Easement, the City Engineer shall consult with the public
utility and the affected builder or developer about mitigating the concerns
associated with locating in the City Utility Easement (if possible) and the appropriate
location within the public right of way if mitigation is not possible.
9.01.050 Grade Changes
Except with the written permission of all public utilities then located in the
Easement, owners and occupants of property may not increase the ground level
of the land within the City Utility Easement by more than 1.5 feet compared to the
land adjacent to the Easement, measured from the finished grade at the time of
the installation of the first utility facilities. No decrease in grade can be made by
owners and occupants of property adjacent to a City Utility Easement without the
written permission of all public utilities then located in that Easement. The land
adjacent to a manhole, fire hydrant, or water meter located within a City Utility
Easement may not be raised or lowered without the consent of the Utility
Department and at the sole cost of the owner. If enforcement of this section is
desired by the franchise holder, it is hereby authorized to do so in the name of
the City.
9.01.060 Above Ground Structures of a Public Utility
1.
Existing above ground structures of a Public Utility that are located in a utility
easement as of November 5, 2003 shall not be considered in violation of this
Chapter. If such a structure is changed or removed, it may be replaced within 30
days with a similarly sized structure without violating the terms of this Chapter.
Otherwise, said replacement must comply with the terms of this Chapter.
2.
Above ground structures of a public utility in a City Utility Easement shall be
located and sized to minimize their aesthetic impact on the adjacent properties
and the neighborhood.
3.
Unless no other alternative is available (that meets specific safety and code
requirements), above ground structures serving multiple properties shall be
located so the edge of the structure is located within 6 feet from the side yard
property line.
4.
Pad mounted transformers shall have a clearance of at least 10 feet in the front,
and 3 feet at the back and sides.
5.
Fire hydrants shall have a minimum clearance of 3 feet in back, 5 feet on each
side, and unrestricted clearance to the street.
6.
Except for utility poles, street lights, and fire hydrants specifically authorized by
location, all above ground structures of public utilities (regardless of height or volume)
shall be located further than 50 feet from a street intersection.
7.
Except as noted below, no above ground structure of a public utility shall be
located in a City Utility Easement or public right of way in a residential or
commercial zone when the structure exceeds 3.5 feet in height or encompasses
more than 21 cubic feet in volume. This section shall not apply to industrial or
BP zones.
A.
If a public utility desires to locate a larger above ground structure, it shall
notify the City Manager in writing of said location not less than 21 days prior
to installation, together with a written explanation of the reasons justifying
said size.
B.
If a public utility desires to locate a larger above ground structure, it shall
afford the City a reasonable opportunity to object to the size and location of
said structure prior to the utility making its final decision on size and
location.
C.
The City cannot deny installation of facilities in the City Utility Easement or
in an alternate location acceptable to all parties. Any objection to size and
location of proposed electrical and telecommunications facilities must be
forwarded to the utility within 10 working days of the utility notifying the City
Manager of structures being required in excess of 3.5 feet or greater than
21 cubic feet in volume.
8.
Except as noted below and except for fire hydrants, above ground structures of a
public utility in a residential zone that exceed 3.5 feet in height or 5.5 cubic feet in
volume shall not be located within 150 feet (or within 2 adjacent property lines
whichever is less) of another such structure of the same public utility. This section
shall not apply to industrial or BP zones.
A.
This 150 foot distance shall not apply to comparisons of facilities located on
parallel streets (e.g. if structures are located on parallel streets “A” and “B”,
all structures on street “A” must be 150 feet apart and all structures on
street “B” must be 150 feet apart, but a structure on street “A” need not be
150 feet from a structure on street “B”).
B.
The 150 foot distance shall not apply to mobile home parks and housing
units in excess of three residential units.
C.
If a public utility desires to locate an above ground structure closer than 150
feet, it shall notify the City Manager in writing of said location not more than
21 days after installation, together with a written explanation of the reasons
justifying said location.
D.
The City cannot deny installation of facilities in the City Utility Easement or
in an alternate location acceptable to all parties. Any objection to size and
location of proposed electrical facilities must be forwarded to the utility
within 10 working days of the utility notifying the City Manager of structures
being required greater than the maximum size or less than the required
distance.
9.
On and after September 4, 2003, builders, developers, and underground
contractors shall not place utility infrastructure in joint trenches in a manner that is
in contravention of the provisions of Chapter 9.01 and if so placed, any costs
incurred by the utility for compliance related relocation shall be the responsibility of
the builder, developer, or underground contractor.
9.01.070 Other Structures Located Within a City Utility Easement.
1.
Except for public utilities, no person shall locate, construct, or continue to locate
a structure (as defined in Article 30 of the Grants Pass Development Code)
within a City Utility Easement.
2.
Except as set forth in Section 9.01.090, any structure located within a City Utility
Easement, that obstructs or interferes with a public utility’s use of the Easement
may be removed by the public utility.
3.
The removal of unauthorized structures shall be at the sole cost of the owner or
occupant of the property upon the written request of the City Manager or the
public utility. Owners and occupants of property shall not be entitled to any
compensation for damages related to removal of unauthorized structures.
4.
Except for the removal of structures at the request of the City as part of a public
safety concern or a public improvement project, the removal and replacement or
relocation of authorized structures shall be at the sole cost of the public utility
requesting removal. However, owners and occupants of property shall not be
entitled to compensation for damages related to removal of the authorized
structures.
5.
Fencing, concrete block walls/fencing, retaining walls, and similar fencing/wall
structures that are otherwise in compliance with the Development Code, and with
the clearance provisions noted herein, may be built over an easement subject to
the following requirement:
A.
Said fencing or wall structures that interfere with the installation,
maintenance, access, or operation of a public utility may be removed by
the utility at the sole cost of the utility.
B.
Any replacement or relocation of the fencing or wall structures shall be at
the sole cost of the property owner or occupant.
C.
Owners and occupants of property shall not be entitled to compensation
for damages related to removal of the fencing or wall structures.
9.01.080
Grass, Asphalt, and Concrete Installed Within a City Utility Easement
1.
Subject to the limitations of the Development Code, lawful owners and occupants
of property may install grass, asphalt and concrete within a City Utility Easement.
2.
In the course of installing, accessing, maintaining, or operating its facilities in a
City Utility Easement, a public utility may move or remove any asphalt, concrete,
or vegetation. After the same are moved or removed and after completion of the
necessary work, the grass, asphalt or concrete shall be repaired and replaced in
a reasonable manner at the sole cost of the public utility.
3.
Owners and occupants of property shall not be entitled to compensation related
to damages to grass, asphalt, or concrete so long as the repairs and replacement
are done in a reasonable manner and in a reasonable time frame.
9.01.090
Trees Planted Within a City Utility Easement on or Before November 5,
2003
1.
Any trees planted within a City Utility Easement on or before November 5, 2003
that obstruct or interfere with a public utility’s use of the Easement shall be
subject to reasonable pruning (at the sole cost of the public utility) when
necessary for the safe operation of the public utilities located therein. (Note:
Other provisions of the Municipal Code prescribe rules for pruning trees,
including arborist requirements.) In such cases, owners and occupants of
property shall not be entitled to compensation for damages related to the pruning
so long as it is done in a reasonable manner and in compliance with other
provisions of the Municipal Code.
2.
Trees planted within a City Utility Easement that damage or prevent access to a
public utility located within the Easement may be removed. In such cases,
owners and occupants of property shall not be entitled to compensation for
damages related to the removal so long as it is done in a reasonable manner and
in compliance with other provisions of the Municipal Code.
9.01.100 Trees Planted Within a City Utility Easement After November 5. 2003.
1.
In the course of installing, accessing, maintaining, or operating its facilities, a
public utility may remove a tree planted in a City Utility Easement after November
5, 2003.
2.
Owners and occupants of property shall not be entitled to compensation from a
public utility for damage, removal, or death to trees located within the City Utility
Easement that are planted after November 5, 2003 when the damage or death of
the tree was related to installing, accessing, maintaining, or operating the
facilities of the public utility.
9.01.110 Shrubs Planted Within a City Utility Easement
1.
Subject to the requirements of the Development Code, owners and occupants of
property may install non-invasive shrubs within a City Utility Easement so long as
the shrubs do not exceed 4 feet in height at the time of planting and do not block
access to above ground utility facilities or entrances to below ground utility
facilities
2.
A “non-invasive shrub” is one with a root system that is average or below
average with regard to its tendency to be invasive to underground utilities.
A.
Subject to the limitations noted below, in the course of installing, accessing,
maintaining, or operating its facilities in a City Utility Easement, a public
utility may move or remove any shrubs within the Easement.
B.
Prior to completion of the necessary work, the public utility shall take reasonable
steps to preserve non-invasive shrubs 4 feet or less in height (at the time of
removal) at the sole cost of the public utility.
C.
After completion of the necessary work, any non-invasive shrubs (still
alive) 4 feet or less in height shall be replanted at the sole cost of the
public utility.
D.
After completion of the necessary work (or within 9 months of replanting), if
any non-invasive shrubs suffer severe damage or death, they shall be
replaced with a similar non-invasive species and size shrub up to 4 feet in
height at the sole cost of the public utility.
E.
After completion of the necessary work, any shrub that exceeded 4 feet in
height when removed shall be replaced with a similar non-invasive
species shrub of not less than 3 feet in height at the sole cost of the public
utility.
F.
Except for the replacement vegetation requirements noted herein, owners
and occupants of property shall not be entitled to compensation for shrubs
planted within the City Utility Easement.
G.
Shrubs planted within a City Utility Easement that damage a public utility
located within the Easement may be removed. In such cases, owners and
occupants of property shall not be entitled to compensation for damages
related to the removal so long as it is done in a reasonable manner and in
compliance with other provisions of the Municipal Code.
Chapter 9.04 has been deleted in its entirety by Ord. 5012 '2, 2000
Chapter 9.04 has been added by Ord. 5012 '2, 2000
I. GENERAL PROVISIONS
Chapter 9.04
CITY BUILDING CODE - 2000
Sections:
9.04.010 Adoption of City Building Code and Short Title.
9.04.020 Repository.
9.04.100 Conflicts.
9.04.200 Conformance to City Building Code Requirements.
9.04.300 Authority.
9.04.400 Appeals.
9.04.010 ADOPTIONS OF CITY BUILDING CODE AND SHORT TITLE.
Chapter 9.04 shall be referred to as the City Building Code. Except as specifically
limited in this Chapter, the following codes are hereby adopted, incorporated in, and
made a part of Chapter 9.04 of the Municipal Code:
1.
The State of Oregon 1998 Edition Structural Specialty Code, consisting of 3
volumes, including all sections specifically noted as not adopted by the State of
Oregon; and
2. The State of Oregon 2000 Edition, One and Two Family Dwelling Code, including all
sections specifically noted as not adopted by the State of Oregon; and
3. The State of Oregon 2000 Edition, Plumbing Specialty Code, including all sections
specifically noted as not adopted by the State of Oregon; and
4. The State of Oregon 1999 Edition, Mechanical Specialty Code, including all sections
specifically noted as not adopted by the State of Oregon; and
5. The State of Oregon 1998 Edition Oregon Uniform Fire Code, consisting of 2
volumes, including all sections specifically noted as not adopted by the State of
Oregon and the National Fire Protection Association Standards; and
6. The National Electrical Code, 1999 Edition; and
7. The Uniform Housing Code, 1997 Edition; and
8.
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and
9.
Oregon Administrative Rules, Chapter 918.
9.04.020 REPOSITORY.
A copy of the State of Oregon 1998 Edition Oregon Uniform Fire Code, including all
sections specifically noted as not adopted by the State of Oregon and the National Fire
Protection Association Standards shall be kept on file at the office of the City=s Fire
Prevention Officer; and a copy of the remainder of the City Building Code shall be kept
on file at the office of the City Building Official.
9.04.100 CONFLICTS.
1.
In the event of conflicts between or among provisions of the City Building Code, the
most restrictive provision shall apply.
2. Interpretations of the City Building Code shall be made, and conflicts therein
resolved, by the City Building Official, subject to appeal as set forth in this Chapter.
9.04.200 CONFORMANCE TO CITY BUILDING CODE REQUIREMENTS.
1.
All new construction shall conform to the requirements of the City Building Code.
2.
Unsafe structures, regardless of the date of construction, shall conform to the
requirements of the City Building Code.
3.
Structures developed before May 1, 2000 and determined by the City Building
Official to be safe, shall NOT be required to conform to new requirements of the
City Building Code UNLESS:
A. The size or use of the structure is modified on one or more occasions; OR
B. The structure is modified such that the floor area is increased; OR
C. The structure is in direct violation with the City=s Building or Fire Codes.
9.04.300 AUTHORITY.
The City Building Official, and any other person designated by the City Building Official
with the approval of the City Manager are authorized to institute appropriate action to
prevent, restrain, correct or abate a violation regarding existing or new construction and
to enforce the provisions of this City Building Code. The Public Safety Director, City
Building Official, and any designees, are authorized to enforce the provisions of the
State of Oregon 1998 Edition Oregon Uniform Fire Code, including all sections
specifically noted as not adopted by the State of Oregon and the National Fire
Protection Association Standards.
9.04.400 APPEALS.
An interpretation of the City Building Code by the City Building Official may be appealed
to the City Council.
Chapter 9.08 has been added by Ord. 4738 '1, 1992
Chapter 9.08
GARAGE SALES AND YARD SALES
Sections:
9.08.010 Permitted Use.
9.08.020 Length of Sales
9.08.030 Frequency
9.08.040 Site Permission
9.08.050 Signs
9.08.990 Penalties
9.08.010 Permitted Use.
Garage sales and yard sales, hereinafter referred to in this Chapter as Asales,@ are
permitted in Residential Zones without a major home occupation permit or other permit,
provided they comply with the standards set forth in Sections 9.08.010 through and
including 9.08.990.
9.08.020 Length of Sales.
Sales may be no longer than 3 continuous days.
9.08.030 Frequency.
1.
Sales may be held no more than 2 times per month.
2.
Sales may be held no more than 6 times per year.
9.08.040 Site Permission.
1.
Sales shall be conducted on property which is regularly occupied by the person
conducting the sale.
2.
Multiple family sales are permitted if the sales are held on the property of one of the
participants.
3.
Sales may not occur or encroach upon City streets, sidewalks, or other right-of-way.
9.08.050 Signs.
1.
A combined total of 6 directional or advertising signs may be used for a sale.
2.
Not more than 2 of the signs may be placed on City street or sidewalk right-of-way
but said signs must be located outside of the traveled portion of a roadway and may
not obstruct or impair pedestrian traffic on a sidewalk.
3.
Signs may be placed on another=s property with the property owners permission.
4.
Signs may be no larger than 3 square feet each.
5.
Signs may be placed not sooner than 24 hours before the sale and must be
removed within 1 hour after closing on the final day of the sale.
6.
Signs may not be placed on telephone or utility poles.
9.08.990 Penalties.
1.
A person who violates any provision of this Chapter may be prosecuted in District or
Municipal Court.
2.
A violation of this Chapter shall be punishable by a fine not less than $25 nor more
than $250.
Chapter 9.12 titled Fire Code is deleted in its entirety except for Section 9.12.270
regarding fireworks, which is retained by Ord. 4957 '2, 1999
Chapter 9.12
FIRE CODE
Sections:
9.12.270
Prohibition of Fireworks, UFC Section 78.102 Amended.
(Ord. 4895 '1, 1997)
9.12.270 Prohibition of Fireworks, UFC Section 78.102 Amended.
Section 78.102 of the UFC is amended to add the following language prior to Section (a)
.
Any manufacture, sale, use possession, or discharge of fireworks is prohibited except
as follows:
1.
Fireworks displays by permit, as provided in Article 78 for Supervised
Public Displays of Fireworks are authorized.
2.
Possession of fireworks, otherwise legal under State law, is permitted
between June 20 through July 4, except in City parks.
3.
Except in the areas noted in Section 4 below, the use and discharge of
fireworks, otherwise legal under State law, is only permitted on July 4
between the hours of 6:00 p.m. to 11:00 p.m.
4.
Notwithstanding any provision to the contrary, the use and discharge of
fireworks of whatever kind is prohibited in the following areas:
A.
The area west of Highland and Dimmick which is north of the railroad
tracks.
B.
The area north of Interstate 5.
C.
All City parks.
Chapter 9.13 has been added by Ord. 4982 '1, 1999
Chapter 9.13
OPEN BURNING PROHIBITED
Sections:
9.13.100 Open Burning Prohibited.
9.13.200 Permit Requirement Exceptions, Uniform Fire Code Modified.
9.13.210 Permits and Restrictions for Residential Open Burning.
9.13.500 Liability for Fire Response.
9.13.100 Open Burning Prohibited.
1.
Except as designated in subsection (B), no person shall start or maintain any
fire outside a building for the purpose of burning any combustible material or
cause or participate therein, nor shall any person in control of any premises
cause or allow any such fire to be started or maintained on any part of said
premises.
2.
The Public Safety Department may conduct open burning for training
purposes.
A.
Outdoor cooking fires and agricultural heating devices are allowed.
B.
Individuals or organizations may obtain a written permit for bonfires
for Publicly Supervised Displays.
3.
The City Manager, or their designee, is hereby authorized to issue
requirements for any such permit including, but not limited to, bonding or
insurance, supervision, fire control equipment and personnel, size, duration,
composition, date, time, and location.
4.
A permit may be revoked or denied by the City Manager, or their designee,
based upon the threat to persons or property, air quality standards, weather
conditions, or failure or inability to comply with permit requirements.
9.13.200 Permit Requirement Exceptions, Uniform Fire Code Modified
The Uniform Fire Code as now and hereafter adopted as part of the Grants Pass
Municipal Code is modified to delete a permit requirement for all of the activities,
operations, practices or functions which are in all other respects in compliance with the
laws of the United States, the State of Oregon, Josephine County, and the City of
Grants Pass Municipal and Development Codes as are currently then in effect except
the following:
1. Open burning, including bonfires or rubbish fires.
2. Burning in public place.
3. Combustible material storage.
4. Explosives or blasting agents.
5. Fireworks.
6. Hazardous materials.
7. Hazardous production materials and highly toxic pesticides.
8. Tents, canopies and temporary membrane air-supported structures.
9.13.210
Permits and Restrictions for Residential Open Burning.
Chapter 9.13.210 has been amended by Ord. 5229, 2004
1. Permit: Open burning of yard debris, i.e. branches, blackberry vines, leaves,
grass, and other dry vegetable material, is authorized for residential properties
with a permit issued by the City.
2. Duration of Permit: Permits for open burning may be issued by the City for
periods of 4 consecutive days. Persons desiring to burn for a period longer than
4 consecutive days shall be required to obtain a separate permit and pay a
separate fee for each permit. (Ord. 5229, 2004)
3. Fees: The fee for each 4 day permit shall be $10 to cover the actual costs to the
City to advertise and administer the program.
4. Obtaining Permits: Permits may be obtained during the open burning periods at
the Public Safety Department, Monday through Friday from 8 AM to 5 PM. (Ord.
5229, 2004)
5. Season of Burning: Open burning pursuant to a permit shall be permitted during
a consecutive 9-day period that includes two weekends, once in the spring and
once in the fall, subject to the following limitations: (Ord. 5229, 2004)
A.
The periods shall be designated by the City Manager. In designating the
periods, the City Manager may consider such factors as the
temperature, vegetation, air circulation, moisture levels, and fire danger
in the City. (Ord. 5229, 2004)
B.
If weather or other conditions result in the loss of 5 or more days of
burning during the fall period, then and only then, the City Manager is
authorized to designate an additional 2 days of open burning. (Ord.
5229, 2004)
C.
Permit Restrictions:
1)
A person possessing a permit may not open burn if the ventilation
index for the airshed is 400 or greater.
2)
A person who is burning pursuant to a permit shall maintain
adequate fire suppression equipment and supplies as required by
the Public Safety Department.
3)
A person who is burning pursuant to a permit shall maintain
continuous adult supervision over the burn site while materials are
burning or smoldering.
4)
Open burning pursuant to a permit shall not be conducted or
continue after sunset or before sunrise.
9.13.500 Liability for Fire Response
In addition to all other liabilities which are applicable, a person who open burns, either
with or without a permit, shall be personally liable to the City of Grants Pass for all costs
incurred by the Fire Division of the Public Safety Department in suppressing any fire or
fires which are associated with open burning by the person.
Chapter 9.16
BUILDING MOVING
Sections:
9.16.010 Permit Requirements.
9.16.020 Time of Moving.
9.16.030 Pneumatic Tired Equipment Requirement.
9.16.010 Permit Requirements.
No person, firm or corporation except a licensed building mover shall remove or move,
from one lot to another, any building or part of a building within the City without
obtaining a permit therefore from the City. A processing fee of $100 shall be paid at the
time of a permit application. The licensed builder mover shall be responsible for
coordinating utility issues and providing adequate traffic control devices and personnel
to insure the safety of vehicles and pedestrians and shall provide the City with the route
plan at the time the application is made.
(Ord. 1674 '1, 1950; Ord. 4833 '3, 1995)
9.16.020 Time of Moving.
The moving of any building or part of a building is prohibited from 6:00 a.m. to 6:00 p.m.
unless prior to the move, a different time is approved in writing by the City Manager.
(Ord. 4833 '3, 1995)
9.16.030 Pneumatic Tired Equipment Requirement.
A building or part of a building being moved over or across any street, alley or other
public property shall be supported by pneumatic tired equipment of sufficient size to
reasonably carry the load being moved without damage to the surface on which the load
is being moved. (Ord. 4833 '3, 1995)
Chapter 9.21 has been added by Ord. 4952 '2, 1998
Chapter 9.21
SIGN STANDARDS
Sections:
9.21.010 Purpose.
9.21.020 Definitions.
9.21.030 Computations.
9.21.040 Permits Required.
9.21.041 Exceptions.
9.21.042 Application.
9.21.043 Issuance of Permits.
9.21.044 Installation.
9.21.045 Permit Fee/No-Fee.
9.21.046 Indemnification of City.
9.21.047 Prohibited Signs.
9.21.048 Abandoned Signs.
9.21.050 Dangerous Signs.
9.21.060 Signs in the General Commercial Zone.
9.21.070 Signs in a Freeway Overlay Zone.
9.21.080 Signs in a Neighborhood Commercial Zone.
9.21.090 Businesses in Residential Zones.
9.21.100 Signs for a Shopping Center.
9.21.110 Signs in Industrial Zones.
9.21.200 Signs in the Central Business District.
9.21.250 Downtown Mall Sign.
9.21.300 Signs for a Fairgrounds.
9.21.400 Signs for Regional Hospitals, Schools, and All Sports Parks.
9.21.500 Special Signs for all Commercial and Industrial Zones.
9.21.600 Special Signs in Residential Zones.
9.21.610 Temporary Political Signs Defined.
9.21.620 General Placement Rules for all Temporary Political Signs.
9.21.630 Temporary Political Signs in Industrial and Commercial Zones.
9.21.640 Temporary Political Signs in Residential Zones.
9.21.650 Enforcement.
9.21.700 Grandfather Clause.
9.21.800 Appeals.
9.21.010 Purpose.
It is the intent of the City that this sign code emphasize the importance of business
activity to the economic vitality of the City. This code is designed to help improve the
ability of business owners/lessees to identify their businesses to the community to
enhance the furtherance of commerce. The role of the City is to enforce regulations
that deal with public safety, to include encroachment on right-of-way, obstruction of
vision, obstruction of pedestrian and vehicular traffic and dangerous or un-maintained
signs.
9.21.020 Definitions.
1.
Abandoned Sign: A sign that advertises a business or event that has been
closed for more than 30 days.
2.
Alteration: Any modification of a sign excluding routine maintenance,
painting or change of commercial message of an existing sign.
3.
Animated Sign: Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
4.
Attached Sign: A sign attached to or painted on any part of a building as
contrasted to a freestanding sign.
5.
Awning or Canopy Sign: Any sign painted on or applied to the surface of an
awning or canopy.
6.
Billboard: A sign located on a zone lot not containing a building.
7.
Blade Sign: A sign that is perpendicular to a store frontage, usually hangs
from a canopy or awning.
8.
Building Frontage: A lineal front of a building or portion thereof devoted to a
specific business or enterprise that fronts a street or customer parking area.
9.
Commercial Message: Any sign wording, logo. Note: the paint scheme of a
building will not be considered as part of a commercial message.
10.
Directional Sign: Signs limited to directional messages, principally for
pedestrian or vehicular traffic, such as ’One Way’, ‘Entrance’ and ‘Exit’.
11.
Directory Sign - A sign, oriented for pedestrian traffic that lists the names or
locations of various businesses or activities located in a building or group of
buildings. Directory signs shall be limited to one per building entrance or one
per street frontage, whichever is less. Directory signs shall have a maximum
size of 3 square feet if the sign is visible from a public right-of-way. (Ord.
4970 '1, 1999)
12.
Double-Faced Sign: A sign with a commercial message on two sides.
13.
Downtown Mall: A shopping area in the Central Business District which
includes a minimum of three separately taxed businesses, which share
common pedestrian entrances.
14.
Drive-Up Service Sign: A sign for a drive-up service such as a menu board
for fast food restaurants, ATM or listing of any other services.
15.
Electric Sign: Any sign which has electrical wiring in, on, or attached to it.
16.
Flag: Any fabric, banner, or bunting containing distinctive colors, patterns or
symbols used as a symbol of government. A flag is not considered a sign.
17.
Freestanding/Ground Sign: A sign anchored in the ground and independent
from any building.
18.
Government Sign: A sign installed by a public agency for the purpose of
public information. This includes stop signs, directional signs, warning signs
and other notification that is in the interest of public health, safety and
welfare.
19.
Grade: The final grade of paving, sidewalk or landscaped area at any given
point upon completion of construction. (Grants Pass Development Code,
Article 30.)
20.
Internally Illuminated: Any sign which has the source of light entirely
enclosed within it. Source may be fluorescent lamps, incandescent bulbs,
neon tubing etc.
21.
Historic Advertising Art: Artwork that contains advertising for a specific
company or product and can be proven to have actually existed at least fifty
years ago.
22.
Marquee: A structure attached to and supported by a building that can
project over the public right-of-way.
23.
Mural: Artwork that contains no advertising message or content and does
not represent a company or product(s).
24.
Non-Conforming Sign: A sign that does not conform to the requirements of
Article 26.
25.
Owner/Lessee: The owner, lessee or authorized designee of the lot or
building.
26.
Pennant: A lightweight plastic or fabric containing no message, suspended
from a rope, wire, or string, usually in series, designed to move in the wind.
27.
Election Sign: A temporary sign usually used to represent a candidate or an
issue, restricted to the time frame immediately surrounding a State
sanctioned election.
28.
Project Sign: A sign located at the site of a construction project.
29.
Projecting Sign: A sign other than a wall sign, that projects from and is
supported by a wall of a building or structure.
30.
Real Estate Sign: A sign used to indicate the lot or business on which the
sign is located is for sale, lease or rent.
31.
Residential Sign: A sign located in a residential zone.
32.
Secondary Outdoor Business: An additional business located outside of the
structure in which the principal business resides, usually in the parking area.
33.
Setback: The minimum horizontal distance from a given point or line of
reference, which, for purposes of Article 26 unless otherwise stated, shall be
the lot line, to the nearest edge of a building or structure, fence, or other
elements as defined by the Grants Pass Development Code.
34.
Shopping Center: A retail complex including at least six separately taxed
businesses which are located on one or more lots and which share parking
area and driveway entrances.
35.
Sign: A device, fixture, placard, painting or structure that uses color, form,
graphic, illumination, symbol or writing to advertise, announce, identify or
communicate information.
36.
Street Frontage: The lineal dimension in feet that the property upon which a
structure is built abuts a public street or streets.
37.
Temporary Sign: A sign which is erected for a limited period of time.
38.
Visual Clearance Area: The area located at a corner, intersection or
driveway that is required for proper visibility from a motorized vehicle or by a
pedestrian. (Grants Pass Development Code Article 30)
39.
Wall Sign: Any sign placed or painted directly against a building with the
exposed face of the sign in a plane approximately parallel to the plane of
said wall and projects outward from the wall not more than 18 inches.
40.
Window Sign: A sign affixed to the inside or outside of the glass of a window
or door.
9.21.030 Computations.
1.
Computation of the area of a freestanding or projecting sign shall be
calculated by adding the square footage of all the faces presenting a
commercial message. Pole covers, and columns shall not be included in the
area of the measurement if they do not bear a commercial message.
Double-faced signs will be calculated as one sign only when placed back-toback and separated by no more than 24 inches.
2.
The area of a wall sign shall be computed by enclosing the entire commercial
message, including logo, within sets of parallel lines touching the outer limits
of the commercial message.
3.
Computation of the height of a sign will be the distance measured from the
average elevation of the ground adjacent to the structure that the sign is
mounted on or nearest public sidewalk or street curb, when such are
adjoining the site, to the maximum height of the face of the sign.
9.21.040 Permits Required.
1.
Except as otherwise provided in this chapter, it shall be unlawful for any
person to construct, alter or relocate a sign, or direct an employee or agent
to do the same without first obtaining a permit for each separate sign from
the City as required by this chapter.
2.
No sign permit shall be issued for an existing or proposed sign unless such
sign conforms to the requirements of this Article.
9.21.041 Exceptions.
The provisions of Chapter 9.21 shall not apply to:
1.
Traffic signs and all other public safety, informational or directional signs
erected or maintained by a municipal or governmental body or agency or
public utility, including danger signs, railroad crossing signs and signs of a
non-commercial nature required by public laws, ordinances or statutes.
2.
Temporary decorations or displays topical to a state or federally recognized
Holiday and erected not earlier than 30 days prior to said Holiday and
removed not later than 4 days after said Holiday.
3.
Historic Advertising Art if located on a landmark building or within a Historic
District when approved by the Historic Building and Sites Commission, or
murals.
4.
Signs on a truck, bus, car, boat, trailer or other motorized vehicle and
equipment provided all the following conditions are adhered to:
A.
Primary purpose of such vehicle or equipment is not the display of signs.
B.
Signs are painted upon or applied directly to an integral part of the
vehicle or equipment.
C.
Vehicle/equipment is in operating condition, currently registered and
licensed to operate on public streets when applicable, and actively used
in the daily function of a business/or use.
D.
Vehicles and equipment are not used as static displays, advertising a
product or service, nor utilized as storage, shelter or distribution points
for commercial products or services for the general public.
5.
Vehicles and equipment engaged in active construction projects and the on-
premise storage of equipment and vehicles offered to the general public for
rent or lease.
6.
Signs located in the interior of any building or within an enclosed lobby or
court of any group of buildings.
7.
Change of Face. Where an existing permitted sign is modified by change of
message or design on the sign face, without any change to size or shape of
the sign framework or structure. Includes changing messages on
electronic/manual reader boards, drive up service signs and service station
price pods.
8.
Window signs located in windows, if they are mounted or painted upon the
inside or outside of windows within all commercial or industrial zoning
districts.
A.
Any sign not legible from the public right-of-way.
B.
Directory Signs.
9.21.042 Application.
Application for a permit shall be made to the City upon a form provided by the
City and shall include the following:
1. Two sets of drawings, including the following written information:
A. Location of the sign on the building or building site.
B. Dimensions of the sign.
C. Construction materials.
D. Method of attachment.
E. Identity of the owner/lessee and installer of the sign.
F. The state contractor=s registration number and Oregon electrical
contractor=s number for electrical signs.
2. Signs from 10 feet to 35 feet high require footing, structural, and wind load
calculations.
3. Signs over 35 feet high require that a licensed engineer furnish information
concerning structural design and proposed attachments.
9.21.043 Issuance of Permits.
1.
City personnel shall examine completed applications for permits within 5
working days after filing. If not accomplished within 5 days of completion, the
application fee is waived. Note: Does not apply to denials. Does not apply
to Section 9.21.400.
2.
If it appears from the application, drawings and specifications therewith that
the requested sign(s) conform with all the provisions of this chapter, a permit
shall be issued. But, if City personnel find that any requested sign(s) directly
related to the application violate this chapter or any other chapter of the City
code or ordinance related thereto, a permit shall not be issued until
necessary corrections are made. (See 9.21.700 for exceptions)
3.
No additional permits shall be issued for signs or businesses or uses with
signs not already in compliance with this section, including overdue sign
regulation fees or unpaid inspection charges.
4.
All signs, except for signs painted directly upon a building, are also subject to
Building Department Requirements.
5.
Sign permits in the Historic District are subject to Historic District review.
9.21.044 Installation.
1.
All companies installing electrical signs must have a current Oregon
electrical contractor=s license and will comply with all state and federal
regulations pertaining to equipment and safety regulations.
2.
All electric signs must have an Underwriter Laboratories or other approved
electrical underwriting service sticker and the sign manufacture=s label.
Note: It is illegal to remove or cover a manufacturer=s label
9.21.045 Permit Fee/No-Fee.
1.
The fee for a sign permit shall be set by the City Council. Fees collected will
be used to enforce and implement this code. The fee for any sign erected
without a sign permit shall be double the regular sign fee.
2.
All signs, whether permanent or temporary, with a commercial message
require a permit with a fee, unless exempt. (9.21.041) Note: A permitted
sign removed from a building for maintenance or painting of the sign or
building requires a no-fee permit to re-install the sign within 30 days of
removal. A non-permitted sign must be brought into compliance within 30
days of removal and requires a permit.
3.
Any balloon/blimp in excess of 3 feet in diameter that is tethered over 10 feet
above ground requires a no-fee permit, excluding hot air balloons.
9.21.046 Indemnification of City.
As a condition to the issuance of a sign permit as required by this chapter, all
persons engaged in the hanging or painting of signs, which involves, in whole or
in part, the erection, alteration, relocation, maintenance or other sign work in,
over or immediately adjacent to a public right-of-way or public property if used or
encroached upon by the sign hanger or painter in the said sign work, shall agree
to hold harmless and indemnify the City, its officers, agents and employees from
liability for damages resulting from said erection, alteration, relocation,
maintenance or other sign work.
9.21.047 Prohibited Signs.
All signs not expressly prohibited under this article are allowed after review and
approval by the City.
1.
Traffic hazards: No sign shall be permitted at the intersection of a street or
driveway in such a manner as to obstruct free and clear vision of motor
vehicle operators or at any location where by reason of its position, shape or
color it may interfere with or be confused with authorized traffic sign, signal
or device, or which makes use of a word, symbol or phrase, shape or color in
such a manner as to interfere with, mislead or confuse traffic. Refer to the
Grants Pass Development Code for setback restrictions.
2.
Strobing lights or animated signs that resemble an emergency vehicle are
prohibited. This prohibition does not include ordinary electronic message
signs.
3.
Billboards.
4.
Murals in the Historic District.
9.21.048 Abandoned Signs.
1.
Any abandoned sign and supporting structure shall be removed by the owner
of the sign or owner of the premises within 60 days following the date of
abandonment.
2.
Any owner of an abandoned sign which is otherwise in conformance with this
chapter may apply to the City for a 90 day extension of the removal date,
upon proof of intent of occupancy within that period.
9.21.050 Dangerous Signs.
1.
Any dangerous or defective sign is hereby declared a nuisance and the
owner/lessee has 48 hours after receiving notice to rectify the problem.
2.
Any sign which represents an immediate danger or imminent public safety
hazard shall be rectified or removed at the direction of the City Manager.
9.21.060 Signs in the General Commercial Zone.
Freestanding Signs: Each parcel of land is permitted 1 freestanding sign per
street frontage, subject to the following limitations:
1.
Maximum height above grade: 35 feet.
2.
Allowable square footage: 2 square feet per linear foot of street frontage up
to 50 square feet, then 1 square feet per linear foot of street frontage
thereafter.
3.
Maximum allowable: 150 square feet.
4.
Minimum allowable: up to at least 60 square feet regardless of street
frontage.
5.
Freestanding signs in a pedestrian area must not extend below 8 feet above
the ground/surface.
6.
Freestanding signs in a vehicular traffic area must provide at least 14.6 feet
of clearance above the ground/surface.
7.
Freestanding signs must be out of the visual clearance areas at driveways
and intersections.
8.
Freestanding signs may project over the public right-of-way by 3-feet.
Wall Signs / Projecting Signs: Wall signs and projecting signs are permitted
subject to the following requirements:
1.
Alternate Determination of Maximum Sign Area: Total sign area for wall and
projecting signs shall be based upon the primary building frontage or the
number of separately taxed businesses located on the same lot, whichever is
greater. In no circumstances shall the sign area exceed this determination.
2.
Number of Signs: There is no limit as to the number of wall or projecting
signs so long as they are within the aggregate area limitations noted herein.
3.
Calculation Based Upon Separate Businesses: Subject to subsection (f)
below regarding Calculations for Conflict, each business is allowed up to 80
square feet of sign area for wall or projecting signs. Said sign allotment may
be placed on any side wall of a building in which the business is located,
subject to the permission of the owner or lessee.
4.
Primary Building Frontage: The owner or lessee of a building will select the
primary building frontage to be used by the City in determining allowable
square footage for wall and projecting signs. Building frontage shall be based
upon the side of a building which is capable of displaying advertising visible
by the public from a public street.
5.
Calculation Based Upon Frontage:
A. Primary Building Frontage Side Allowance is 2 square feet per linear foot
of frontage up to a maximum of 200 square feet. Such allowance is not
transferable to any other side.
B. Each Non-Primary Building Side shall receive an additional allowance
equal to 50% of the Primary Building Frontage Side Allowance. Such
allowance is not transferable to any other side.
6.
Calculations for Conflicts: If because of existing signage, the addition of the
minimum 80 square feet of signage for a business would result in any side
exceeding the maximum amount noted in subsection (a) above, then the
minimum will be reduced to conform to the maximum allowable sign area.
7.
Clearance: Wall and projecting signs must be out of the visual clearance
areas at driveways and intersections.
8.
Right-of-way: Projecting signs may project over the right-of-way up to 3 feet.
9.
Awning and Canopy Marquees: Awning and canopy marquees may
incorporate signs and may project over the right-of-way up to 3 feet. The
sign shall be assessed against the aggregate for wall signs.
9.21.070 Signs in a Freeway Overlay Zone.
A temporary moratorium is hereby declared and a freestanding sign, as
described in this Section shall not be erected or applied for in the City or on land
within the Urban Growth Boundary which is subject to full or partial control of the
City. (See Ordinance No. 5130 §1, 2002)
Each parcel of land is permitted 1 additional freestanding sign subject to the
following limitations:
1.
The parcel and sign must be located within 1,500 feet of the Interstate 5 fog
line.
2.
Maximum height: 100 feet above grade, or 35 feet above the level of
Interstate 5, whichever is less.
3.
Maximum allowable square footage: 250 square feet.
9.21.080 Signs in a Neighborhood Commercial Zone.
Freestanding Signs: Each parcel of land is permitted 1 freestanding sign subject
to the following limitations.
1.
Maximum height above grade: 35 feet.
2.
Allowable square footage: .5 square feet per linear foot of street frontage.
3.
Maximum allowable: 60 square feet.
4.
Minimum allowable up to 40 square feet.
5.
Section 9.21.060(Freestanding Signs)(5), (6), (7) and (8) apply.
Wall and Projecting Signs are permitted with the following limitations:
1.
Primary Building Frontage: The business owner/lessee will determine the
primary building frontage of the business. The aggregate area of all wall and
projecting signs on the primary building frontage will not exceed 1 square
feet per linear foot of primary building frontage. Maximum allowable -80
square feet.
2.
Each business is allowed up to at least 40 square feet aggregate, regardless
of primary building frontage size.
3.
Up to 2 of the allowable square footage of the primary building frontage may
be used for wall and projecting sign on any other side or sides of the
building.
9.21.090 Businesses in Residential Zones.
1.
One freestanding and one attached sign, not to exceed 32 square feet per
sign on a permitted use.
2.
No internally illuminated signs except emergency signs for hospitals, nursing
homes, or assisted living facilities.
9.21.100 Signs for a Shopping Center.
Freestanding Signs:
1.
Maximum height above grade: 35 feet except as noted below.
(Ord. #4997 '1, 2000)
2.
Allowable square footage: 1 square foot per linear foot of street frontage
with no single freestanding sign exceeding 400 square feet. (Ord. #4997 '1,
2000)
3.
Number of signs: no more than one 400 square foot freestanding sign per
street frontage with entrance access and placed on said frontage.
Notwithstanding said placement restriction, 2 frontage signs may be located
on a single entrance frontage if the following are applied: (Ord. #4997 '1,
2000)
A.
The allowable size of the first freestanding sign is reduced to 50% of the
allowable square footage up to a maximum of 200 square feet; and
(Ord. #4997 '1, 2000)
B.
The allowable size of the second freestanding sign is reduced to a
maximum of 50 square feet. (Ord. #4997 1, 2000)
C.
The second freestanding sign is of monument construction and has an
overall height of less than 7 feet from grade, inclusive of any
construction or supporting structure used to support, suspend, or
accentuate said sign. (Ord. #4997 1, 2000)
D.
The two freestanding signs are located not less than 50 feet from one
another. (Ord. #4997 '1, 2000)
E.
The two freestanding signs are located not less than 25 feet from all
adjoining property lines except public right-of-way lines. (Ord. #4997 '1,
2000)
F.
A deed restriction is placed on the property in favor of the City of Grants
Pass, acknowledging any subsequent land division or change in use
which results in loss of the shopping center status for the lot on which
the signs are located will require immediate removal of both freestanding
shopping center signs. (Ord. #4997 '1, 2000)
4.
Directional signs will not exceed 3 square feet in size and will not count
against total signage allotment. No more than two directional signs per
entrance or exit. (Ord. #4997 '1, 2000)
5.
One lighted entrance sign is allowed up to 40 square feet per street frontage.
The entrance sign must be out of the visual clearance areas at driveways
and intersections. (Ord. #4997 '1, 2000)
6.
No part of a freestanding sign may extend over the property line.
(Ord. #4997 '1, 2000)
Wall and Projecting Signs: The square footage for wall and projecting signs is
same as allowed in the General Commercial Zone. Section 9.21.060
(Freestanding Signs)(5), (6), (7) and (8) apply.
9.21.110 Signs in Industrial Zones.
1.
Freestanding Signs:
A.
Maximum height: 35 feet above grade.
B.
Maximum square footage: 200 square feet per freestanding sign.
C.
Maximum number: No more than 1 freestanding sign shall be permitted
per street frontage.
D.
Section 9.21.060 (Freestanding Signs) (5), (6), (7) and (8) apply.
2.
Wall and Projecting Signs: The square footage for wall and projecting signs
is same as allowed in the General Commercial Zone. Section 9.21.060 (Wall
Signs) (1) through (6) apply.
3.
Medical Park Overlay: In addition to 9.21.110, no more than 2 directional
signs allowed per entrance or exit. Signs shall not exceed 3 square feet in
size and will not count against total signage allotment.
4.
Business Park Overlay: Same as Medical Park Overlay.
9.21.200 Signs in the Central Business District.
1.
Freestanding: Each parcel of land is permitted 1 freestanding sign per street
frontage. Limitations for freestanding signs are the same as those in the
General Commercial Zone. Section 9.21.060 (Freestanding Signs) (5), (6),
(7) and (8) apply.
2.
Wall Signs and Projecting Signs: The square footage for wall and projecting
signs is the same as allowed in the General Commercial Zone. Section
9.21.060 (Wall Signs) (1) through (7) apply.
3.
Awning and Canopy Marquees in Central Business District: Awning and
canopy marquees in the Central Business District may incorporate signs and
may project over the right-of-way to within 2 feet of the outer edge of the
curb. The sign shall be assessed against the aggregate for wall signs.
9.21.250 Downtown Mall Sign.
One additional sign is allowed for each pedestrian entrance for a downtown mall.
The additional signs shall be placed on the wall adjacent to the pedestrian
entrance and shall be a maximum of one square foot per business of the
downtown mall.
9.21.300 Signs for a Fairgrounds.
1.
Freestanding: The limitations for a Fairgrounds will be the same as the
limitations for freestanding signs for a Shopping Center.
See Section 9.21.100 (Freestanding Signs).
2.
Wall Signs and Projecting Signs: The square footage for wall and projecting
signs is same as allowed in the General Commercial Zone. Section 9.21.060
(Wall Signs) (1) through (6) apply.
9.21.400 Signs for Regional Hospitals, Schools, and All Sports Parks.
Based upon the health, safety, and welfare of citizens in accessing major
government and quasi government facilities and due to the unique nature of
these types of facilities, signs for public schools, municipal all sports parks, and
regional hospitals may exceed the dimensional and numerical standards of this
code, subject to the approval procedure set forth herein. Approval shall be at the
discretion of the City Council and shall be based upon review of an integrated
sign program for the entire facility to ensure sign distribution is adequate to
facilitate proper identification of distinct activities. The appeal procedures set
forth in Section 9.21.800 apply.
9.21.500
Special Signs for all Commercial and Industrial Zones.
(Ord. 4929 '1, 1998; Ord. 5129 §1, 2002)
1.
Blade Signs: Blade signs must provide at least 8 feet of clearance, one sign
indicating the entrance to the premises is allowed per entrance, maximum
size not to exceed 3 square feet.
2.
Entrance Sign: One sign up to 2 square feet may be placed at the entrance
to a building on any side of the building. Such sign will not count against the
total sign allocation for the business.
3.
A-Frame/Sandwich Board/Sign on Wheels:
A.
One additional A-Frame/Sandwich Board/Sign on Wheels not to exceed
12 square feet in area per side for each business entrance is allowed.
The edges of each sign face shall not be more than 36 inches apart.
B.
Signs shall not be located within the public right-of-way except:
1) During a community event sponsored or officially sanctioned by the
City,
2) On weekends or
3) After 6:00 p.m. on weekdays.
The sign must be placed to allow a minimum of 5 feet of clearance on
the sidewalk.
C. Signs are allowed on private property, however in no case may these
be displayed when a business is closed.
4.
Project Signs:
A.
One construction project sign is allowed per entrance on a lot being
developed with a current development permit, up to 64 square feet
each, up to 3 signs.
B.
One sign is allowed for each sub-contractor up to 6 square feet.
C.
All signs shall be setback 10 feet from the property line and no greater
than 10 feet high.
D.
Illumination is prohibited.
E.
All signs must be removed within 30 days of the completion of the
project or within one year of the issuance of the development permit,
whichever occurs first.
5.
Second-Story/Basement Business Signs:
A.
Second-story and basement enterprises or uses, which are
maintained exclusively on a floor other than that on the street floor,
shall be allowed a wall sign up to 50% of the ground level allotment.
See Section 9.21.060 (2).
B.
Minimum allowed per business is up to 30 square feet.
6.
Service Station Price Signs: Price pod signs and similar signs which are
used solely to advertise the price of vehicle fuel and which do not exceed 32
square feet will not count against total sign area or number allotment. Any
size in excess shall be counted against sign allotment.
7.
Drive-Up Window Signs: One freestanding sign not to exceed 32 square feet
in area for any single parcel of land occupied by a drive-up window business.
Such signs shall not project into the public right-of-way and will not count
against total signage allotment.
8.
Temporary Signs: Including banners and all other signs that are of limited
duration, except A-Frame/Sandwich Signs/Sign on Wheels.
See Section 9.21.500 (4).
A.
One temporary sign up to 40 square feet is allowed per building side,
including the roof.
B.
Display period is limited to 60 days per permit.
C.
No more than 9 permits may be issued per business year.
D.
Businesses may have temporary signs on the roof of their building.
E.
Temporary signs including banners and less flexible product signs
may be attached to a building or to permanent man-made structures,
however in no case will temporary signs be attached to trees,
temporary supports or public utility poles.
9.
Secondary Outdoor Business on Lot: A secondary outdoor business may
have one sign up to 12 square feet and 8 feet in height. The sign must be
attached to the cart or structure and be located outside the building setback
area.
10.
Real Estate Signs: One real estate sign up to 32 square feet is allowed per
street frontage. Off-premise signs are not allowed.
11. Auction Signs:
A.
One auction sign up to 6 square feet is allowed per street frontage on
the parcel where the auction is located.
B.
Off-premise directional signs up to 3 square feet each are allowed the
day of the auction, outside of the public right-of-way.
12. Use of an Undeveloped Lot in a Commercial or Industrial Subdivision: One
freestanding sign may be erected on an undeveloped lot in a commercial or
industrial subdivision for the purpose of directing attention to a business,
commodity, service, entertainment or attraction sold, offered, existing or
planned either on the lot where the sign is displayed or elsewhere within the
subdivision, provided that all of the following conditions are met: (Ord. 4974
'1, 1999)
A.
The sign is located on an undeveloped lot of land in a commercial or
industrial subdivision with a minimum of 5 lots within the subdivision;
and (Ord. 4974 '1, 1999)
B.
Only one such sign is permitted per subdivision; and (Ord. 4974 '1,
1999)
C.
The size of the sign is subject to the provisions of
Section 9.21.060(1) Signs in the General Commercial Zone or Section
9.21.110(1) Signs in Industrial Zones, depending on the zoning of the
property; and (Ord. 4974 '1, 1999)
D.
If the lot on which the sign is proposed to be located has more than
one street frontage, the sign shall front the street with either the higher
functional classification or the higher number of daily traffic counts;
and (Ord. 4974 '1, 1999)
E.
When the lot is developed, the existing sign will be credited against
the current limits for both size and number of signs on a developed
lot. (Ord. 4974 '1, 1999)
13.
Temporary decorations over 40 square feet in size, which qualify as a sign
and which are lit with electrical bulbs or tubes, may be erected beginning
November 1 of each year so long as they are removed by the following
January 31. (Ord. #5019 '1, 2000)
Said signs may not be electrically lit until the day after Thanksgiving and
shall not remain lit after January 7 of the following year.
(Ord. #5019 '1, 2000)
Words, logos, and corporate symbols which could be reasonably
construed as commercial advertising shall consist of not more than 10% of
the overall size of the sign (decoration). (Ord. #5019 '1, 2000)
Such signs shall be subject to the review and approval of not less than two
members of a three member panel of citizens appointed by the Council.
A
denial by the panel may be appealed to the Council if the appeal is filed in
writing not less than one week from the date of the denial by the panel.
(Ord. #5019 '1, 2000)
9.21.600 Special Signs in Residential Zones.
1. Offices, Bed and Breakfasts and Apartments in a Residential Area.
A.
One sign is allowed per street frontage up to 12 square feet and 5 feet in
height.
B.
Freestanding signs shall be setback a minimum of 10 feet from the
public right-of-way.
C.
Signs may not be internally illuminated.
2.
Real Estate Signs: Housing Development/Subdivision:
A. One real estate sign is allowed at each entrance or frontage road.
B.
Size: Up to 32 square feet each.
C. Flags are allowed on flag poles not exceeding 30 feet above the ground.
D. Temporary signs must comply with Section 9.21.500 (9) of this code.
E. Off-premise real estate signs are not allowed.
3.
Real Estate Signs: Property for Sale/Lease/Rent:
A.
One real estate sign is allowed per lot frontage.
B.
Size: Up to 10 square feet including riders and flyer holders.
C.
Maximum height is 6 feet above ground.
D.
Off-premise real estate signs are not allowed.
4.
Real Estate Signs: Open Houses.
A.
Two “open house@ signs are allowed per property.
B.
Size: Up to 6 square feet each.
C.
Must be removed daily.
5.
Auction Signs: See Section 9.21.500(11).
9.21.610 Temporary Political Signs Defined. (Ord. 4929 '1, 1998)
A temporary political sign is a rigid or flexible material used to advertise a
candidate or ballot measure.
9.21.620
General Placement Rules for all Temporary Political Signs.
(Ord. 4929 '1, 1998; Amended by Ord. 5248, 2004)
1.
Temporary political signs must be placed behind any sidewalk and cannot
extend on or over public property or public right-of-way.
2.
Temporary political signs may be placed on vacant property.
3.
A “double sided” temporary political sign with no more than six inches of
separation between each plane is considered a single sign.
4.
Temporary political signs may be erected no earlier than 11 weeks prior to
the applicable election and must be removed no later than one week after
the applicable election.
9.21.630
Temporary Political Signs in Industrial and Commercial Zones.
(Ord. 4929 '1, 1998; Ord. 5129 §1, 2002)
There is no limit to the number of temporary political signs which may be placed
on property in an industrial or commercial zone. However, no temporary political
sign in an industrial or commercial zone may exceed 32 square feet. A sign
permit is not required for these signs.
9.21.640
Temporary Political Signs in Residential Zones.
(Ord. 4929 '1, 1998; Ord. 5129 §1, 2002)
There is no limit to the number of temporary political signs which may be placed
on a single lot in a residential zone. However, each sign cannot exceed 3 square
feet. A sign permit is not required for these signs.
9.21.650 Enforcement. (Ord. 4929 '1, 1998; Ord. 5129 §1, 2002)
1.
Candidates shall remove and City employees are authorized to remove and
dispose of any sign which does not have a valid sign permit and which is
located on or over public property or public right-of-way.
2.
Candidates shall remove and City employees are authorized to remove and
dispose of any temporary political sign erected earlier than 2 months prior to
the applicable election or not removed within one week after the applicable
election.
9.21.700 Grandfather Clause.
1.
All signs in service as of the date of the passage of this code with the
exception of those signs which violate the setback area or are sight
obscuring at intersections are allowed to remain.
2.
If any alterations are made after the adoption of this code, other than change
of face, a sign must be brought into compliance and permitted.
3.
Temporary signs, including banners, are not grand-fathered and must meet
the requirements of this code upon adoption. See Section 9.21.500(8)
9.21.800 Appeals.
1.
PURPOSE: The purpose of this section is to provide procedure and criteria
to exceed measurable standards for signs including height, number and
area.
2.
APPLICABILITY: This section applies only to applications for sign permits.
3.
PROCEDURE: The procedure for reviewing a request for a sign that
involves an appeal, shall require review before the City Council. If the lot has
a Landmark Building or is located within the National Registry of Historic
Places (Historic District), the appeal shall be reviewed by the Historic
Buildings and Sites Commission. Their decision may be appealed to City
Council.
4.
CRITERIA: No appeal shall be approved by the review body unless such
appeal is shown to meet all of the following criteria:
A.
The appeal is required to alleviate unique physical circumstances or
conditions, such as lot dimension, topography, or other physical
conditions or to enhance the historic significance of a building located
within the Historic District.
B.
The appeal is the minimum increase required to prevent unnecessary
hardship or to allow reasonable use of the property.
This Chapter has been repealed in its entirety by Ord. 5267, 2005.
Chapter 9.24
SWIMMING POOLS
Sections:
9.24.010 Construction Permit Requirement.
9.24.020 Fencing Requirement -Swimming Pools.
9.24.030 Fencing Requirement -Applicability.
9.24.040 Fencing Requirement -Fishpond or Decorative Pool.
Chapter 9.28
TRAILER COACHES
Sections:
9.28.010 Trailer Coach, Trailer House Defined.
9.28.020 Use Restrictions.
9.28.030 Permanent Residence.
9.28.040 Sewer Connection.
9.28.050 Exceptions.
9.28.010 Trailer Coach, Trailer House Defined.
A trailer coach or trailer house as used in this chapter is defined as any unit for
living or sleeping purposes which is equipped with wheels or similar devices for
the purpose of transporting the trailer coach or trailer house from place to place.
(Ord. 1348 §1, 1947)
9.28.020 Use Restrictions.
A trailer coach or trailer house used for sleeping or living purposes may be
parked:
1.
On a City street for up to 8 hours in the same parking space if said space is
not restricted by other parking regulations; or
2.
In a City owned parking lot (with the permission of the City Manager) for up
to 72 hours; or
3.
In a private parking lot (with the permission of the owner or operator of the
private parking lot) for up to 24 hours within a 7 day period, for a parking lot
with less than 100 spaces; or
4.
In a private parking lot (with the permission of the owner or operator of the
private parking lot) for up to 72 hours within a 21 day period, for a parking lot
with more than 99 parking spaces.
9.28.030 Permanent Residence.
Any trailer coach or trailer house from which the wheels have been removed
except for the purpose of making temporary repairs or placing in dead storage or
any trailer coach or trailer house from which the wheels have not been removed
but which has been placed on permanent or temporary foundation of any kind is
declared to be a permanent residence and such trailer coach or trailer house
shall meet all the requirements of the City relating to zoning, construction of a
building and sanitation. (Ord. 1348 §3, 1947)
9.28.040 Sewer Connection.
It is unlawful for any person occupying or using any trailer coach or trailer house
within the City to use any toilet, sink, lavatory or similar equipment therein unless
and except the same be connected with the public sewer or to an approved
septic tank in accordance with Chapter 8.16. (Ord. 1348 §4, 1947)
9.28.050 Exceptions.
This chapter does not apply to the use of trailer coaches, trailer houses,
automobile trailers, campers or motor homes allowed Christmas tree lots or as
living facilities for members of an established organization or group attending a
convention or meeting thereof, as such might be permitted pursuant to any
current zoning ordinance of the City. (Ord. 3984, 1974: Ord. 1348 '7, 1947)
This Chapter has been repealed in its entirety by Ord. 5267, 2005.
Chapter 9.32
AUTOMOBILE TRAILER CAMPS
Sections:
9.32.010 Definitions.
9.32.020 Trailer Camps -Application Requirements an Issuance.
9.32.030 Trailer Camp -Districts.
9.32.040 Trailer Camp -Registration Book.
9.32.050 Unlawful Use or Occupation of Trailer.
9.32.060 Trailer Camp -License -Required.
9.32.070 Trailer Camp -License -Coverage Fee and Revocation.
9.32.080 Unlawful Deposit of Sewage, Wastewater or Garbage.
9.32.090 Trailer Camp -Occupation Restrictions.
9.32.100 Trailer Camp -Sanitary Facilities.
9.32.110 Trailer Camp -Area and Health Requirements.
9.32.120 Trailer Camp -Water Supply.
9.32.130 Trailer Camp -Plumbing and Toilet Requirements.
9.32.140 Trailer Camp -Number and Location of Toilets.
9.32.150 Trailer Camp -Sinks.
9.32.160 Trailer Camp -Garbage.
Chapter 9.36
PUBLIC IMPROVEMENTS
Sections:
9.36.010 Definition of Public Improvements.
9.36.020 Receipt of Application.
9.36.030 Resolution - Declaration of Intent.
9.36.040 Resolution - Filing of Report.
9.36.050 Resolution - Notice.
9.36.060 Resolution - Notice - Contents.
9.36.070 Remonstrance.
9.36.080 Public Hearing.
9.36.090 Assessment Ordinance.
9.36.095 Method of Apportionment.
9.36.100 Method of Assessment.
9.36.110 Assessment Liens.
9.36.120 City Construction.
9.36.130 Deficit Assessment.
9.36.140 Excess of Assessment.
9.36.150 Validity of Assessments.
9.36.160 Invalid Assessments.
9.36.170 Multiple Public Improvements.
9.36.010 Definition of Public Improvements.
"Public Improvement" means and includes the term "Local Improvement" and
further means the following:
A.
The grading, graveling, paving or other surfacing of any street, or opening, laying
out, widening, extending, altering, changing the grade of or constructing any
street;
B.
The construction or reconstruction of sidewalks;
C.
The reconstruction or repair of any street improvement mentioned in this section;
D.
The construction, reconstruction or repair or any sanitary or storm sewer or water
main;
E.
The construction, reconstruction or repair of any flood control dike, dam,
structure or facility;
F.
Those "local improvements" as provided in ORS 223.387 as now written or
hereafter amended;
G.
Any other public improvement authorized by the Council.
H.
"Special Assessment" means a monetary obligation imposed by a
municipality on real property within a designated area for the purpose of
defraying all or part of the cost of a specific local improvement which
benefits that real property. (Ord. 4139 '1, 1977; Ord. 4506 '1, 1984)
9.36.020 Receipt of Application.
The Council will receive applications to make, alter, vacate or abandon one or
more public improvements, which application shall be made by the Council or
upon petition of all but no less than 33 percent of the owners of property to be
specially benefited from any said improvement, and the application shall pertain
to the funding of special public improvements, all or in part, at the expense of
owners of benefited properties, and to be paid for, in whole or in part, by special
assessment upon such property. (Ord. 4139 '2, 1977; Ord. 4482 '1, 1983)
9.36.030 Resolution - Declaration of Intent.
When the Council approves the application it shall, by resolution or resolutions,
declare its intention to proceed with the public improvement or improvements and
hold a hearing thereon. (Ord. 4139 '3 (part), 1977)
9.36.040 Resolution - Filing of Report.
Any such resolution shall direct the City manager to have prepared and filed with
the finance director a "Public Improvement Report" which shall, unless the
Council otherwise directs, contain the following matters:
A.
Map or plat showing general nature, location and extent of the proposed
public improvements and the land to be assessed for the payment of any
part of the cost thereof;
B.
A general description and cost estimate of the work to be done provided
that where the improvement project is to be carried out in cooperation with
any other governmental agency, the description and cost estimates of
such agency may be incorporated in the public improvement report;
C.
An estimate of the probable cost of the public improvement, including any
legal, administrative and engineering costs attributable thereto;
D.
If applicable, an estimate of the unit of 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 property specially benefited; and
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, and an owner meaning the record holder of the legal title or,
where land is being purchased under a land sale contract, recorded, the
purchaser shall be deemed the owner. (Ord. 4139 '(a), 1977)
9.36.050 Resolution - Notice.
Any such resolution shall declare the Council's intention to make such proposed
public improvements, provide the manner and method of carrying out the same,
and direct the finance director to give notice of such proposed improvement and
of the public hearing thereon by posting one copy of a notice thereof in the City's
municipal building and not less than two copies thereof within the boundaries of
the district where the proposed improvement is to be made. The notice shall first
be posted not later than ten days prior to the hearing and shall contain not less
than the following:
A.
Description of the project and its total estimated cost;
B.
Information that the public improvement report is on file in the office of the
finance director and is subject to public examination;
C.
The date when the Council shall hold a public hearing on the proposed
public improvement, which hearing shall not be earlier than ten days
following the first posting of the notice, and at which hearing objections
and remonstrances to such proposed public improvements will be heard
by the Council stating that if prior to such public hearing there shall be filed
with the finance director valid written remonstrances filed by the owners of
fifty-one percent of the property abutting on such public improvements,
other than water or sanitary sewer, and computed on a lineal foot basis,
then no such public improvements shall be made, but the Council may
consider the same again not less than six months after the filing of such
remonstrance, provided further that Council has the authority to install
water or sanitary improvements over one hundred percent objections.
(Ord. 4139 '3(b)(part), 1977; Ord. 4482 '2, 1983)
9.36.060 Resolution - Notice - Contents.
In addition to the foregoing, the finance director shall mail a copy of such notice
to the owner of the lot or tract proposed to be assessed, which notice shall be
mailed not less than ten days prior to said public hearing, and which notice shall
also include the following:
A.
The amount or amounts of the assessments proposed on that owner's
property;
B.
The fact that Bancroft Bonding Act information is available at the finance
director's office;
C.
Information that a remonstrance may be filed against such public
improvement and the nature and effect of such remonstrance, including
the fact that adequate remonstrance filed at the finance director's office
prior to the public hearing will cause termination of the proposed public
improvement, with the exceptions of water or sanitary sewer
improvements;
D.
That remonstrance forms are available in the finance director's office; and
also that if no remonstrance is filed by an owner, such owner will be
considered in favor of the proposed public improvement.
(Ord. 4139 '3(b)(part), 1977)
9.36.070 Remonstrance.
A.
Any proposal to levy and collect public improvement assessments for
improvement of streets (with associated curb and gutter) and storm lines
or sidewalk in an area not designated as a Safety Zone shall be defeated
if over 50% of the owners of property abutting on said street or alley to be
so improved or repaired, (computed on a lineal foot basis) file a written
remonstrance with the Administrative Services Director prior to or at the
first public hearing pertaining to public improvements or presents the
remonstrance at the first public hearing.. (Ord. 4980 '1, 1999;
Ord. 5141 §1, 2002)
B.
Any proposal to levy and collect public improvement assessments for
improvement of sidewalk (with associated curb and gutter) within a
Council designated Safety Zone shall be defeated if sixty-seven percent of
the owners of property abutting on said street to be so improved or
required (computed on a lineal foot basis) file a written remonstrance with
the Administrative Services Director prior to the first public hearing
pertaining to public improvements or presents the remonstrance at the first
public hearing. (Ord. 5141 §1, 2002)
C.
Such projects defeated by written remonstrances may be considered
again by the Council not less than six months after the filing of such
remonstrances. (Ord. 5141 §1, 2002)
D.
The Council shall have the authority to install water or sanitary sewer
improvements over one hundred percent objections.
(Ord. 5141 §1, 2002)
E.
"Owner", for the purposes of this chapter, shall mean the record owner of
the legal title or, where land is being purchased under a land sale contract,
recorded, the purchaser shall be deemed the owner.
(Ord. 4139 '4, 1977; Ord. 4482 '3, 1983; Ord. 5141 §1, 2002)
9.36.080 Public Hearing.
At the time of the public hearing on the proposed public improvement and the
assessments, if written remonstrances shall represent less than the property
required to defeat the proposal improvement, then, on the basis of said hearing
and after consideration of the public improvement report, the council may by
motion at the time of said hearing, or within sixty days thereafter, order such
public improvement to be carried out, or the Council may decide not to carry out
the public improvement. The Council may approve such public improvement
report at the public hearing, or modify the report then or later.
(Ord. 4139 '5, 1977)
9.36.090 Assessment Ordinance.
A.
After any public hearing on the proposed public improvement and after the
Council has moved to proceed with the improvement, it may pass an
ordinance assessing the various lots, parcels of land, or parts thereof to
be specifically benefited, with their apportioned share of the cost of the
public improvement.
B.
At any time thereafter, such assessment may be apportioned where a
special assessment is enjoined upon a single tract or parcel of real
property among all the parcels formed from a subsequent partitioned or
other division of the tract or parcel if:
1.
The subsequent partition or division is in accordance with
ORS 92.010 to 92.170.
2.
It is consistent with all applicable comprehensive plans as
acknowledged by the Land Conservation and Development
Commission under ORS 197.251.
3.
Requested by any owner, mortgage or lien holder of a parcel of real
property with a special assessment. Where the deed is
unrecorded, the City shall not apportion the special assessment
unless the applicant files a true copy of that deed, mortgage or
instrument with the City.
4.
Upon application, the parcel has been assigned a tax lot number.
The applicant shall also furnish a tax lot number for the parent
parcel. (Ord. 4039 '1, 1979; Ord. 4139 '6, 1977;
Ord. 4506 '2, 1984)
9.36.095 Method of Apportionment.
A.
The City shall apportion such special assessments by any method allowed
in 9.36.100.
B.
Apportionment shall be done by resolution, which shall describe each
parcel, the amount of the special assessment, the owner of the parcel,
and such other information as is required to keep a permanent and
complete record of the assessments and the payments therein.
C.
A copy of the resolution shall be filed with the finance director, who shall
make any necessary changes or entries in the lien docket for the City.
D.
The City may establish a fee, set by resolution, for the costs of
apportionment. Such costs shall reasonably be calculated to reimburse
the City of its actual costs in apportioning special assessments.
(Ord. 4506 '3, 1984)
9.36.100 Method of Assessment.
The Council, in adopting a method of assessment of the cost of the public
improvement may:
A.
Use any just and reasonable method of determining the extent of any
improvement district consistent with the benefits derived.
B.
Use any method of apportioning the cost to be assessed as is just and
reasonable between the properties determined to be specially benefited.
C.
Authorize payment by the City of all or any part of the cost of such public
improvement when in the opinion of the Council the topographical or
physical conditions or unusual factors involved in the proposed public
improvement warrants only a partial payment or no payment by the
benefited property of the costs of the public improvement.
D.
Nothing contained in this chapter shall preclude the Council from using
any other available means of financing improvements, including federal,
state or county assistance in any form. In the event such other means of
financing are used, the Council may in its discretion levy special
assessments according to the benefits derived to cover any remaining
costs of the public improvement. (Ord. 4139 '7, 1977)
9.36.110 Assessment Liens.
A.
After the assessment ordinance has been passed by the Council, the
finance director shall enter the assessment liens in the City docket.
B.
Such liens shall be due and payable thirty days from the date of the
assessment ordinance unless the property owner, within said thirty-day
period, files a valid application to pay the assessment in installments in
accordance with the provisions of the Bancroft Bonding Act.
C.
The unpaid principal, being paid off under the provisions of the Bancroft
Bonding Act, shall earn interest at a rate to be set by the assessment
ordinance until the date of sale of improvement bonds relating to the
specific public improvement district; thereafter, the interest shall accrue at
a rate not to exceed the net effective interest rate of the said improvement
bonds plus an administrative fee to be set by resolution.
D.
Any unpaid, delinquent lien may be foreclosed in the manner provided by
the Oregon Revised Statutes. All such unpaid delinquent liens shall bear
interest at the rate of ten percent per annum until paid by the owner or
foreclosed by the City. (Ord. 4422 '1, 1981; Ord. 4346 '1, 1980;
Ord. 4139 '8, 1977)
9.36.120 City Construction.
The Council may provide that construction work may be done in whole or in part
by the City, by a contract, or by any other governmental agency, or by any
combination thereof. (Ord. 4139 '9, 1977)
9.36.130 Deficit Assessment.
A.
In the event that an assessment shall be made before the total cost of the
improvement is ascertained and if it is found that the amount of the
assessment is insufficient to defray the expense of the improvement, the
Council may by motion declare a deficit and order a proposed deficit
assessment prepared.
B.
The Council shall set a time for hearing of objections to the deficit
assessment and shall direct the finance director to mail a notice of such
hearing to each owner of property on which the deficit assessment is
proposed, which notice shall be mailed not less than ten days prior to the
hearing.
C.
After such hearing the Council shall make a just and equitable deficiency
assessment by ordinance which shall be entered in the City lien docket as
provided by this ordinance. Such deficiency assessment shall be due and
payable within thirty days of the deficiency assessment ordinance, unless
application has been filed within the thirty day period for payment of the
deficiency in installments under the provisions of the Bancroft Bonding
Act. (Ord. 4139 '10, 1977)
9.36.140 Excess Assessment.
If upon completion of the improvement project it is found that the assessment
previously levied upon any property is more than sufficient to pay the cost of
such improvement, then the Council must ascertain and declare the same by
ordinance. When so declared, the exact amount shall be entered on the City lien
docket as a credit upon the appropriate assessment. In the event that any
assessment has been already paid, the person who paid the same, or his
personal representative, heirs or successor, if a corporation, shall be entitled to
repayment of such rebate credit, or the portion thereof which exceeds the
amount unpaid on the original assessment. (Ord. 4139 '11, 1977)
9.36.150 Validity of Assessments.
No improvement assessment shall be rendered invalid by reason of failure of the
public improvement report to contain all information required by this chapter, or
by reason of a failure to have all information required to be in any improvement
resolution, assessment ordinance, lien docket, or notices required to be
published, or mailed, or by the failure to list the name, or mail notice to the owner
of any property as required by this chapter, or by reason of any other error,
mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in
any of the proceedings or steps specified in this chapter, unless it appears that
the assessment is unfair or unjust in its effect upon the person complaining, and
the Council shall have the power and authority to remedy and correct all such
matters by suitable action and proceedings, including but not limited to correction
ordinances, resolutions, and the like. (Ord. 4139 '12, 1977)
9.36.160 Invalid Assessments.
Whenever any assessment, deficit, or reassessment for any improvement which
has been made by the City has been or shall be set aside, annulled, declared or
rendered void, or its enforcement restrained by any court of this state, or any
federal court having jurisdiction thereof, or when the Council shall be in doubt as
to the validity of such assessment, deficit assessment or reassessment, or any
part thereof, then the Council may make a reassessment in the manner provided
by the laws of the state. (Ord. 4139 '13, 1977)
9.36.170 Multiple Public Improvements.
More than one public improvement may be included in any application pertaining
thereto, resolution, ordinance, public hearing, or the like, and any remonstrance
or other action authorized by this chapter or any other ordinance of the City, or by
state law, may be directed toward one or more such public improvements if the
same are contained in a single application and set forth in a single notice and to
be considered at a single public hearing. (Ord. 4139 '14, 1977)
Chapter 9.37 has been added by Ord. 4752 '1, 1992.
Chapter 9.37
PREQUALIFICATION REQUIREMENTS
Sections:
9.37.010 Requirements.
9.37.020 Disqualification and Restrictions.
9.37.030 Hearing.
9.37.040 Period of Disqualification or Restrictions.
9.37.050 Restrictions.
9.37.060 Appeal to City Manager
9.37.070 Appeal to City Council.
9.37.080 Interim Effectiveness of Disqualification or Restriction.
9.37.010 Requirements.
To be prequalified to work on projects involving the construction of public
facilities, a Contractor must meet the following requirements:
1.
Experience. The contractor or the contractors supervisor on the project
must have twelve months working as a contractor or supervisor on
comparable public projects (e.g. monetary value, complexity) with the
same materials as those required by City standards (i.e. ductile iron pipe
for water lines), or comparable competence as determined by the City
Manager.
a.
Inspection Substitution. This criteria can be substituted with a City
approved schedule for inspection of the project by a licensed
engineer with a civil or structural background. The costs of this
additional inspection shall be the joint and several responsibility of
the contractor, supervisor and developer, not the City.
2.
Safety. The contractor or supervisor must have an OSHA approved,
written safety program with proof of monthly safety meetings for the twelve
months preceding a bid.
3.
Current Oregon Contractor License. The contractor shall have a current
Oregon General Contractor=s License.
4.
Current City Business License. The contractor shall have a current City
Business License.
5.
Insurance Bonds. The contractor shall have adequate current insurance
bonds to cover the contract amount (if no performance bond) and liability
insurance of $500,000.
6.
Workers= Compensation. All employees must be covered by Oregon
Workers Compensation.
7.
On Site Supervision. A crew leader with at least twelve months
experience must be on site during all work. This can be eliminated if the
contractor or supervisor, who satisfies item 1, is on site during all work.
8.
Training Sessions. To qualify for prequalification, the contractor must
agree to attend a City training program prior to the awarding of any bid.
The training program will provide information on working on projects within
the right-of-way and review City standards and requirements.
9.
Construction and Safety Standards. The contractor shall continually abide
by the terms of the contract, the City approved construction drawings, and
standard City specifications for installation of all public facilities within the
jurisdiction of the City of Grants Pass. The contractor has the obligation to
be familiar with and comply with all applicable City, state, and federal
construction and safety standards, and applicable laws. Ignorance of
these standards or laws is not an excuse for non-compliance.
9.37.020 Disqualification and Restrictions.
A contractor may be disqualified or restricted from working on projects involving
the construction of public facilities if it is found that the contractor, or any agent or
employee, fails to meet, or has misrepresented the contractor=s compliance with,
the City=s prequalification requirements.
9.37.030 Hearing.
When a contractor is alleged to be in violation or non-compliance with any of the
prequalification requirements, a hearing will be held by the Community
Development Director, or a designee, as hearings officer to review the violation
or non-compliance. A notice of the hearing and a brief statement of the
allegation shall be mailed to the last known address of the contractor not less
than seven days prior to the hearing. At the hearing the hearings officer, shall
provide an opportunity for the contractor to be advised of the basis for the
allegation and to provide evidence to refute or mitigate the allegation. The
hearings officer shall make a decision within five days of the hearing and shall
cause the decision to be mailed to the last known address of the contractor within
four days of the decision.
9.37.040 Period of Disqualification or Restrictions.
A contractor found in violation or non-compliance shall be disqualified or
restricted by the hearings officer regarding the construction of public facilities for
a specified period of time based upon the seriousness of the violation or noncompliance. Disqualification or restrictions imposed for a first offense shall be
not longer than twelve months. Subsequent disqualifications or restrictions may
exceed twelve months but shall not exceed twenty-four months. A period of
disqualification may be followed by a period of restrictions so long as the total
period does not exceed the above stated time limitations.
9.37.050 Restrictions.
When the hearings officer determines that a violation or non-compliance with the
City=s prequalification requirements should result in restrictions instead of
disqualification, the hearings officer shall state the reasons for mitigation in the
decision. A restriction may include the imposition of additional conditions and
requirements including but not limited to providing a civil or structural engineer to
provide full time inspections of construction, said costs being the responsibility of
the contractor.
9.37.060 Appeal to City Manager.
A decision by the hearings officer to disqualify or restrict a contractor may be
appealed to the City Manager by filing a written notice of appeal within fourteen
days of the decision by the hearings officer. The City Manager shall conduct a
hearing within thirty days of the notice to appeal. A notice of the hearing shall be
mailed to the last known address of the contractor not less than seven days prior
to the hearing. At the hearing the City Manager shall provide an opportunity for
the contractor to challenge the disqualification or imposition of restrictions. The
City Manager shall make a decision within 5 days of the hearing and shall cause
the decision to be mailed to the last known address of the contractor within four
days of the decision. The City Manager may affirm, reverse, or modify the
decision of the hearings officer.
The decision of the City Manager shall comply with the PERIOD OF
DISQUALIFICATION OR RESTRICTIONS and RESTRICTIONS provisions
noted above. Modification of the hearings officers decision may include but is not
limited to:
2. Increasing or decreasing the quantity or guality of restrictions imposed.
3. Changing a disqualification to a restriction.
4. Changing a restriction to a disqualification.
9.37.070 Appeal to City Council.
A decision by the City Manager to disqualify or restrict a contractor may be
appealed to the City Council by filing a written notice of appeal within 14 days of
the decision by the City Manager. The City Council shall conduct a hearing
within 30 days of the notice to appeal. A notice of the hearing shall be mailed to
the last known address of the contractor not less than 7 days prior to the hearing.
At the hearing the City Council shall provide an opportunity for the contractor to
challenge the disqualification or imposition of restrictions. The City Council shall
make a decision within 14 days of the hearing and shall cause the decision to be
mailed to the last known address of the contractor within 4 days of the decision.
The City Council may affirm, reverse, or modify the decision of the City Manager.
The decision of the City Council shall comply with the PERIOD OF
DISQUALIFICATION OR RESTRICTION and RESTRICTIONS, provisions noted
above. Modification of the Manager=s decision may include but is not limited to:
b. Increasing or decreasing the quantity or quality of restrictions
imposed.
c. Changing a disqualification to a restriction.
d. Changing a restriction to a disqualification.
9.37.080 Interim Effectiveness of Disqualification or Restriction.
A decision of the hearings officer shall be effective immediately and shall remain
effective unless or until it is affirmed, reversed, or modified by the City Manager.
A decision of the City Manager shall be effective immediately and shall remain
effective unless or until it is affirmed, reversed, or modified by the City Council.
Chapter 9.40
ADVANCE FINANCING OF PUBLIC IMPROVEMENTS
(Amended by Ord. 5056 '2, 2001)
(Amended by Ord. 5140 §1, 2002)
Sections:
9.40.005 Determination of Council Action.
9.40.010 Definitions.
9.40.020 Receipt of Application.
9.40.030 City Manager Analysis.
9.40.040 Public Hearing - Notification.
9.40.050 Public Hearing.
9.40.060 Advance Financing District Resolution of Intent.
9.40.065 Advance Financing District Final Ordinances and Agreements.
9.40.067 Notice of Decision.
9.40.070 Advance Financed Reimbursement.
9.40.080 Calculation of Reimbursement - Intervening Properties.
9.40.095 Construction Index Applied to Reimbursements.
9.40.100 Collection of an Advanced Financed Reimbursement.
9.40.110 Voluntary Imposition of Lien.
9.40.120 Disposition of an Advanced Financed Reimbursements.
9.40.130 Recording.
9.40.140 Public Improvements.
9.40.005__Determination of Council Action.
Advance Financing of Public Improvements prescribed in this chapter is a
financial recapture for the original installer of public facilities. The creation of an
Advance Finance District as prescribed herein is a legislative action of the City
Council and is not subject to Land Use regulations or determination procedures.
(Ord. 5140 §1, 2002)
9.40.010 Definitions.
The following words and phrases for the purposes of this chapter and for the
purposes of any advance financing agreement entered into pursuant hereto and
for any actions taken as authorized pursuant to this chapter or otherwise, shall
have the meanings set out below.
A.
"Advance Financing" is a method of recapturing costs by a developer,
where such developer installs public improvements, and where such
public improvements may be utilized by intervening or future properties.
(Ord. 5140 §1, 2002)
B.
"Advance Financing Agreement" means an agreement between developer
and the City, as authorized by the Council, and executed by the City
Manager, which provides for the installation of and payment for advance
financed public improvements and which agreement contains
improvement guarantees, provisions for reimbursement by the intervening
properties that may utilize such improvement, inspection guarantees, and
the like as determined in the best interest of the public by the Council.
C.
"Advance Financing District Ordinance" means an ordinance adopted by
the Council and executed by the mayor designating a public improvement
to be in advance financed public improvement and creating an Advance
Financing District and containing provisions for financial reimbursement by
intervening and future properties that may utilize the improvement and
such other provisions as determined in the best interest of the public by
the Council.
D.
"City" means the City of Grants Pass, Oregon.
E.
"Council" means the Council of Grants Pass, Oregon.
F.
"Developer" means the City, 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
design, construction, purchase, installation, or other expenses associated
with the creation of a public improvement. The rights of a developer,
created under this Ordinance, also apply to his heirs, successors or
assigns.
G.
"Development" means that real property being developed by the developer
and for which property the Advance Financing District Ordinance is
adopted.
H.
"Intervening Property" means that real property abutting an advance
financed public improvement, but does not include the development or
future property. (Ord. 5140 §1, 2002)
I.
"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. (Ord. 5140 §1, 2002)
J.
"Public Improvement" means the following:
1.
The grading, graveling, paving or other surfacing of any street, or
opening, laying out, widening, extending, altering, changing the
grade of or constructing any street;
2.
The construction of sidewalks;
3.
The construction or upgrading of any sanitary or storm sewer or
water main;
4.
The construction or upgrading of any flood control dike, dam,
structure or facility;
5.
Those "local improvements" as provided in ORS 223.387(1) as now
written or hereafter amended;
6.
Any other public improvement authorized by the Council.
(Ord. 4311 '1, 1979; Ord. 4501, 1984; Ord. 5140 §1, 2002)
9.40.020 Receipt of Application.
The Council will receive applications for advance financing from Developer,
which applications shall be submitted to the City Manager and shall be
accompanied by a fee set by resolution. The fee will be applied for the cost of
administrative analysis of the proposed advance financing district, the cost of
notifying the property owners recording costs, and such other costs reasonably
associated with processing the application. When the City is the developer, the
City Manager shall submit the application without the fee. (Ord. 5140 §1, 2002)
The application shall be submitted prior to construction of the infrastructure. The
application shall include an estimate of the project construction costs.
The application shall not be considered a land use application and the decision
regarding the application shall not be considered a land use decision.
(Ord. 5140 §1, 2002)
9.40.030 City Manager 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 the
Council for discussion at a public hearing. Such report shall include a map
showing the proposed district with the location and front footage of the
development and intervening properties, an estimate of the total cost of the
advance financed public improvement and an estimate of the cost for each
property within the proposed district. (Ord. 5140 §1, 2002)
9.40.040 Public Hearing Notification.
Not less than ten, nor more than thirty days prior to any public hearing being held
pursuant to this chapter, Developer and all intervening property owners shall be
notified of such hearing and the purpose thereof. Such notification shall be
accomplished by regular mail, or by personal service. If notification is
accomplished by mail, notice shall be deemed made on the date said letter of
notification is posted. Failure of any owner to be so notified shall not invalidate or
otherwise affect any Advance Financing District Ordinance or the Council's action
to approve or not to approve the same. (Ord. 4311 '4, 1979;
Ord. 4501, 1984; Ord. 5140 §1, 2002)
9.40.050 Public Hearing.
After the City Manager=s analysis has been completed, 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
informational purposes only, and is not subject to remonstrances. The Council
has the sole discretion after the public hearing to decide whether or not an
Advance Financing District Ordinance shall be adopted.
9.40.060 Advance Financing District Resolution of Intent.
After the public hearing, held pursuant to Section 9.40.050, if the Council desires
to proceed with the advance financed public improvement, it shall adopt an
Advance Financing District Resolution of Intent. The Resolution of Intent shall
establish the boundaries of the district and designate the public improvement as
an advance financed improvement and provide for advance financed
reimbursement by intervening and future property owners pursuant to this
chapter. (Ord. 5140 §1, 2002)
9.40.065 Advance Financing District Final Ordinances and Agreements.
After the construction has been completed, the Developer shall submit the final
and complete project costs to the City Manager. These costs shall not exceed
10% of the estimate of the project construction costs submitted with the
application. The City Manager shall verify and analyze said costs, submit a
report of the same to the Developer, Intervening Properties and Council,
schedule a second hearing for Council determination of the prospective Advance
Finance District cost allocations. The hearing notification shall meet the
standards of 9.40.040 / 050. A public hearing shall be held to consider the
correcting ordinance. After the public hearing and pursuant to the criteria set
forth in 9.40.070 et seg, the correcting ordinance shall set the final project costs
and the final prospective cost distribution reimbursement for each intervening
property. Except when the developer is the City, the Advance Financing District
Correcting Ordinance shall instruct the City Manager to enter into an agreement
between 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 intervening properties, and may make such
other provisions as the Council determines necessary and proper. All
agreements entered into must contain and have distributed costs to all
intervening properties. A copy of the agreement must be filed with the
Administrative Services Department. (Ord. 5140 §1, 2002)
9.40.067_Notice of Decision.
The City notifies the Developer and all Intervening Property owners of the
decision of the Council regarding the formation of the district. The notification
shall include the distributed costs to all intervening properties.
(Ord. 5140 §1, 2002)
9.40.070 Advanced Financed Reimbursement.
An advance financed prospective cost distribution reimbursement shall be
imposed on all intervening properties for projects that utilize an advance financed
public improvement district. Such reimbursement shall be due and payable at
the time of utilization of the advance financed public improvement in the manner
prescribed in the final ordinance creating the district.
(Ord. 5140 §1, 2002)
9.40.080 Calculation of Reimbursement - Intervening Properties.
A.
The reimbursement shall be calculated by dividing the total approved cost
of the advanced financed public improvement by the front footage of all
intervening properties, which determines unit cost. The unit cost (cost per
foot) is then multiplied by the front footage of each intervening property. In
addition the City may use a methodology based on a 50/50 split
considering frontage and acreage, or may use any other formula for
apportioning costs on those intervening properties that is just and
reasonable. (Ord. 5140 §1, 2002)
B.
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 inequalities are created through the
strict implementation of formulas, the Council may modify its impact on a
case by case basis. (Ord. 5140 §1, 2002)
9.40.095 Construction Index Applied to Reimbursements.
Reimbursements shall be increased by an annual Construction Index rate or a
lower amount, as set forth by Council in the Advance Financing District
Ordinance. The Construction Index shall be calculated from the date the Council
adopts the Advance Financing District Ordinance to the date of payment of the
reimbursement. (Ord. 5140 §1, 2002)
9.40.100 Collection of an Advanced Financed Reimbursement.
A.
The reimbursement is immediately due and payable to the City by
intervening property owners upon their utilizing the advance financed
public improvement. (Ord. 5140 §1, 2002)
B.
No permit for connection, construction, or development of an intervening
property shall be issued until the reimbursement is paid in full or otherwise
processed under the terms of Section 9.40.110.
(Ord. 5140 §1, 2002)
9.40.110 Voluntary Imposition of Lien.
A.
Whenever reimbursement is due and payable, the intervening property
owner may apply, upon forms provided by the City Manager, for the
voluntary imposition of a lien upon the parcel for the full amount of the
advance financed reimbursement and the payment of that lien in twenty
equal semiannual installments, including interest. The applicant must
provide a certificate from a licensed title insurance company showing the
identity and amount of all other liens already of record against the property
and a certificate from the County Tax Assessor or a certified or licensed
appraiser showing the assessed or appraised valuation of the property.
The City shall not permit a lien greater than 25% of the assessed or
appraised value of the property. (Ord. 5140 §1, 2002)
B.
Upon receipt of such certificates and application, the City Manager shall
compute the amount of the reimbursement and shall report to the
Administrative Services Director the amount of the reimbursement, the
date upon which the reimbursement is due, the name or names of the
applicant/owners and the description of the property; and upon receiving
that report, the Administrative Services Director shall docket the lien in the
docket of liens. From the time that docketing is completed, the City shall
have a lien upon that land. That lien shall be enforced in the manner
provided in ORS Chapter 223. (Ord. 4311 '7(c)(2), 1979;
Ord. 4501 '1, 1984; Ord. 5140 §1, 2002)
9.40.120 Disposition of an Advance Financed Reimbursement.
A.
Developers shall receive the reimbursement collected by the City for their
advance financed public improvements within 90 days of receipt by the
City. Such reimbursements shall be delivered to developer for a period of
15 years after execution of the advance financing agreement. The time
limitation does not apply to the City as Developer. (Ord. 5140 §1, 2002)
B.
After 15 years from the effective date of the final ordinance, all rights to
reimbursement by the developer shall cease, unless the developer is the
City. (Ord. 5140 §1, 2002)
C.
When the City is the developer, the district shall be continued in
perpetuity, unless terminated by the Council. (Ord. 5140 §1, 2002)
D.
The City shall collect an amount for administrative services performed in
collecting and distributing reimbursements. Such administrative fee shall
reasonably reflect the service performed and shall be set by resolution.
(Ord. 5140 §1, 2002)
940.130 Recording.
All Advance Financing District Ordinances and Developer Agreements shall be
recorded by the City in the deed records of the County. The ordinance and
agreement shall contain full legal descriptions of the development and
intervening properties. Failure to make such recording shall not affect the legality
of an advance financing ordinance or agreement. (Ord. 4311 '9, 1979;
Ord. 4501, 1984; Ord. 5140 §1, 2002)
9.40.140 Public Improvements.
Public improvements installed pursuant to advance financing district agreements
shall become and remain the sole property of the City. (Ord. 4311 '10, 1979;
Ord. 4501, 1984; Ord. 5140 §1, 2002)
Chapter 9.44
OFF - STREET PARKING FACILITY ASSESSMENT
Sections:
9.44.010 Initiation of Proceedings - Report From City Manager.
9.44.020 Council's Action on City Manager's Report.
9.44.030 Resolution and Notice of Hearing.
9.44.040 Hearing.
9.44.050 Manner of Doing Work.
9.44.060 Call for Bids.
9.44.070 Notice of Proposed Assessment.
9.44.080 Assessment Ordinance.
9.44.090 Method of Assessment and Alternative Method of Financing.
9.44.100 Appeal.
9.44.110 Notice of Assessment.
9.44.120 Establishment of Semiannual Installment Payments.
9.44.130 Lien Records and Foreclosure Proceedings.
9.44.140 Errors in Assessment Calculations.
9.44.150 Deficit Assessment.
9.44.160 Rebates.
9.44.170 Abandonment of Proceedings.
9.44.180 Curative Provisions.
9.44.190 Reassessment.
9.44.200 Applicability.
9.44.210 Parking Fund.
9.44.010 Initiation of Proceedings - Report From City Manager.
Whenever the common Council shall deem it necessary to acquire or develop an
off-street public parking facility, upon its own motion or upon the petition of the
owners of one-half of the area of property to benefit specially from a proposed
off-street motor vehicle parking facility, such area not to include any property
upon which is located an existing public commercial off-street parking lot or
facility operated for revenue and which is not operated for convenience of
customers, or employees or the vehicles of the business upon which it is located,
and which the proposed off - street motor vehicle parking facility is to be paid for
in whole or in part of special assessment according to the benefits, then the
common Council shall, by motion, direct the City manager to make a survey and
written report for such project and file the same with the City auditor. Unless the
Council shall direct otherwise, such report shall contain, when applicable, the
following matters:
A.
A map or plat showing the general nature, location, and extent of the
proposed off - street parking facility and the land to be assessed for the
payment of any part of the cost thereof;
B.
Plans, specifications, and estimates of the work to be done;
C.
An estimate of the probable cost of the improvement, including any
purchase, lease, legal, administrative, and engineering cost 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 said off-street parking facility, with the
names of the record 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. 3370 '1, 1965)
9.44.020 Council's Action of City Manager's Report.
After the City manager's report shall have been filed with the City auditor, the
Council may thereafter by motion approve the report, modify the report and
approve it as modified, require the City manager to supply additional or different
information for such improvement, and shall particularly have the authority to fix
the boundaries of the assessment district and to find that properties located
within the district are particularly and specially benefited by the off-street parking
facility, or it may abandon the improvement.(Ord. 3370 '2, 1965)
9.44.030 Resolution and Notice of Hearing.
A.
After the Council shall have approved the City manager's report as
submitted or modified, the Council shall, by resolution, declare its intention
to make such off-street parking facility improvement, provide the manner
and method of carrying out the improvement and shall direct the auditor to
give notice of such improvement by publishing in a newspaper published
in and of general circulation in the City, a notice of its intent to establish an
off-street motor vehicle parking facility.
B. The notice shall be published once a week for two consecutive weeks
making two publications in all, and will also be posted in three public
places in the City for not less than two consecutive weeks prior to said
hearing.
C. A copy of such notice shall be mailed to the record owner of each parcel
of real property within the boundaries proposed to be assessed, at the
address of such record owner as contained in the assessment records in
the office of the assessor of the county. If the county assessor's records
show a purchaser under a land sale contract, such land sale contract
purchaser shall be deemed to be the owner.
D. The notice shall contain the following matters:
1. That the report of the City manager is on file in the office of the
auditor and is subject to public examination;
2. That the Council will hold a public hearing on the proposed off -
street parking facility improvement on a specified date, which shall
not be earlier than fourteen days following the first publication of
notice, and at which public hearing objections to such
improvements will be heard by the Council; and that if prior to such
hearing there shall be presented to the auditor written objections by
more than one-half of the owners of property proposed to be
assessed, based either upon percentage of area or upon the
percentage of assessed valuation within the proposed assessment
and benefited area, then the improvement will be abandoned for at
least one year;
3. A description of the property to be specially benefited by the
improvement, the owners of such property, and the City manager's
estimate of the unit cost of the improvement to the property to be
specially benefited, and the total cost of the improvements to be
paid for by special assessments to benefited properties. Real
property within the benefited and improvement area upon which
there is located an off-street parking facility operated as a profit
making venture for the use of the general public (as distinguished
from a parking lot owned or leased and operated primarily as a
service and convenience for customers of a particular business) for
which a charge is made to the public by the owner or operator
thereof, shall not be deemed benefited by the proposed off - street
parking facility improvement for which the hearing is held.
However, upon the subsequent change of use of said exempted
property so that the same is not used for an off - street parking
facility operated as a profit making venture for the use of the
general public (as distinguished from a parking lot owned or leased
and operated primarily as a service and convenience for customers
of a particular business) then said property may be assessed its
proportionate share of the cost of such off - street parking facility in
the manner provided in Sections 9.40.070 and 9.40.080.
(Ord. 3370 '3, 1965)
9.44.040 Hearing.
At the time of the public hearing on the proposed improvement, if the written
objections shall represent less than the amount of the property required to defeat
the proposed improvement, then, on the basis of the hearing of written and oral
objections, if any, the Council may, by motion, at the time of the hearing or at any
time thereafter, order the improvement to be carried out in accordance with an
ordinance providing therefore, or the Council may, on its own motion, abandon
the improvement. (Ord. 3370 '4, 1965)
9.44.050 Manner of Doing Work.
The Council may provide in the improvement ordinance that the construction
work may be done in whole, or in part, by the City, by a contract, or by any other
governmental agency, or by any combination thereof. (Ord. 3370 '5, 1970)
9.44.060 Call for Bids.
A. The Council may, in its discretion, direct the City manager to advertise for
bids for construction of all, or any part of the improvement project on the
basis of the Council - approved City manager's report and before the
passage of the ordinance, or after the passage of the ordinance and
before the public hearing on the proposed improvement, or at any time
after the public hearing; provided, however, that no contract shall be let
until after the public hearing has been held to hear objections to the
proposed improvement. In the event that any part of the work of the
improvement is to be done under contract bids, then the Council shall
determine the time and manner of advertisement for bids; and the
contracts shall be let to the lowest responsible bidder, provided that the
Council shall have the right to reject all bids when they are deemed
unreasonable or unsatisfactory. The City 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.
B. If the Council finds, upon opening bids for the work of such improvement,
that the lowest responsible bid is substantially in excess of the City
manager's estimate, it may, in its discretion, provide for holding a special
hearing of objections to the proceeding with the improvement on the basis
of such bid, and it may direct the City auditor to publish one notice thereof
in the newspaper of general circulation in the City. (Ord. 3370 '6, 1965)
9.44.070 Notice of Proposed Assessment.
Before levying any assessment for an off - street parking facility the Council shall
cause the City auditor to mail to each property owner affected by such proposed
assessment a notice which shall designate the location of the off - street parking
facility, or facilities, for which an assessment is to be made, a description of each
lot, part of lot, or other property proposed to be assessed with the name of the
owner thereof and the address of the owner as shown on the assessment
records of the assessor of the county, and the amount of the assessment. If the
county assessor's records show a purchaser under a land sale contract, such
land sale contract purchaser shall be deemed to be the owner. The notice shall
specify the time and place, when and where the Council will meet to hear the
objections to the proposed assessment, and shall request th |
Council Meetings