Loading...
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A narrow street through the middle of the block.
BICYCLE. A device propelled by human power upon which a person may ride, having two or more tandem wheels, either of which is six inches or more in diameter.
BUS STAND or BUS STOP. A space adjacent to the curb designated by sign to be occupied exclusively by buses loading or unloading passengers.
CITY ADMINISTRATOR. The City Administrator for the City.
CURB. The extreme edge of the roadway.
DESIGN DISTRICT. An area subject to separate design standards adopted by resolution of the City Council.
DEVELOPER. Any individual or entity constructing, demolishing, or repairing a public capital improvement within the City.
DEVELOPMENT. A building, property use, or mining operation making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), and creation or termination of a right of access.
DRIVEWAY. A structure used for vehicular access from the public right-of-way to abutting private property located normally between the curbing or lateral lines of the roadway surface and the adjacent property line.
ENCROACHMENT. Any private structure installed within the right-of-way.
ENGINEER. The City Engineer or Public Works Director or his or her authorized representative.
FRONTAGE ZONE. The area of the sidewalk corridor between the Through Pedestrian Zone and the property line as defined by resolution of the City Council.
FURNISHING ZONE. The area of the sidewalk corridor between the curb and the Through Pedestrian Zone as defined by resolution of the City Council.
LAND AREA. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
LOADING ZONE. A space adjacent to the curb designated by sign reserved for the exclusive use of vehicles during the loading or unloading of passengers, material, or freight.
MOTOR VEHICLE. Every vehicle that is self propelled, including tractors, fork lift trucks, motorcycles, road building equipment, street cleaning equipment, and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of the state.
OWNER. A natural person, firm, corporation, or other legal entity holding the deed, record title, or the purchaser under a recorded sales agreement and other persons having an interest of record in the described real property.
PARCEL OF LAND. A lot, parcel, block, or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision, and other development ordinances.
PARK or PARKING. A motor vehicle that is stopped while occupied by its operator with the engine turned off or a motor vehicle that is stopped while unoccupied by its operator whether or not the engine is turned off.
PARKWAY. The portion of a street not used as a roadway or a sidewalk.
PASSENGER LOADING ZONE. A loading zone reserved only for the loading or unloading of passengers and their luggage.
PEDESTRIAN. A natural person afoot.
PERSON. A natural person, firm, partnership, association, or corporation, whether or not they are acting for themselves or as a clerk, servant, employee, or agent of another.
PERSON IN CHARGE OF PROPERTY. An agent, occupant, lessee, contract purchaser, or person other than the owner having possession or control of the property.
ROLLER SKATES or ROLLER BLADES. A shoe or boot with a set of wheels attached for skating over a flat surface. These terms also include a metal frame with wheels attached that can be fitted to the sole of a shoe or boot.
SIDEWALK. The part of a street right-of-way between the curb line or the lateral line of the paved portion of the roadway and the adjacent property line that is intended for the use of pedestrians.
SIDEWALK CORNER OBSTRUCTION FREE AREA. The area between the curb and the lines created by extending the adjacent property lines to the curb face.
SKATEBOARD. A board or similar platform made from any substance mounted on wheels.
SCOOTER. A foot-operated vehicle, consisting of a narrow board mounted between two wheels tandem with an upright steering handle attached to the front wheel.
STAND or STANDING. The stopping of a motor vehicle, while occupied by its operator, with the engine running, except stopping in obedience to the instructions of a traffic officer or traffic control device or for other traffic.
STOP. The complete cessation of movement.
STREET. Alleys, sidewalks, parking areas, and accessways owned or maintained by the City and includes the terms HIGHWAY, ROAD, and STREET. In addition, it includes property, whether publicly or privately owned, and, whether publicly or privately maintained, upon which the public operates vehicles, either by express or implied invitation and includes, but is not limited to, parking lots, service station lots, shopping center and supermarket parking lots, and other accessways and parking lots open to general vehicular traffic, whether or not periodically closed to public use.
STREET TREE. Any tree or part of a tree, existing or new planting, including the canopy and root system, that lies on or has grown onto or over public property, or in public right-of-way owned by the City.
TAXI STAND. A space adjacent to the curb designated by sign reserved for taxicabs to stand or wait for passengers.
THROUGH PEDESTRIAN ZONE. The area of sidewalk between the Furnishing Zone and the Frontage Zone in which no obstructions, openings, or other impediments would prevent or discourage movement by pedestrians, including, but not limited to, utility poles, signs, benches, merchandise, trash receptacles, plants, and the like.
TRAFFIC CONTROL DEVICE. A device used to direct vehicular, bicycle, or pedestrian traffic or parking, including, but not limited to, a sign, signaling mechanism, barricade, button, street marking, or curb marking installed by the City or other authority.
TRAFFIC LANE. That portion of the roadway used for the movement of a single lane of vehicles.
VEHICLE. Any type of vehicle, including bicycles.
(Ord. 622, passed 11-3-2010)
The provisions of this chapter shall apply upon property open to public travel. Any conduct or status that would constitute a violation of the statutes if it occurred on a public street will, if it occurs on other property open to public travel, constitute a municipal traffic infraction under the provision of the ordinances of the City.
(Ord. 622, passed 11-3-2010)
(A) (1) Bushes and shrubbery not properly maintained may be declared noxious vegetation in accordance with § 90.21.
(2) No owner or person in charge of property that abuts upon any street or public sidewalk shall permit trees or bushes on the person’s property to interfere with street or sidewalk traffic. It is the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on the person’s premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the street surface or 14 feet above the street surface on property adjacent to designated truck routes.
(B) No person or person in charge of property shall allow to stand any dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
(C) All street trees that were required to be installed under a street tree plan or similar requirement shall be maintained in a healthy condition by the adjoining property owner or replaced with a tree consistent with the approved street tree plan for that location.
(D) No person shall remove any tree greater than one and one-half inches in diameter from the public right-of-way without first obtaining a permit from the City to do so, except as noted below.
(E) Because mature, healthy trees contribute significantly to the beauty and character of the community, City Staff will generally not issue a permit to remove a street tree greater than six inches in diameter unless the tree is diseased, rotten, dead or dying, significantly misshapen, an obstruction, or other hazard. A certified arborist may be required to verify the tree’s condition before removal is permitted.
(F) No person shall top or severely prune a tree greater than two inches in diameter in the right-of-way without first obtaining a permit from the City to do so, except where such pruning is required by City ordinances or requested by the City, such as to maintain clearances from sidewalks, street signs, streets, or alleys. SEVERE PRUNING is defined as severing the trunk or cutting back to the trunk or cutting a limb larger than four inches in diameter to a stub. A permit may be issued to prune a tree to remove a tree, limbs, or roots which are dead; to remove trees, limbs, or roots which have been severely damaged by storms or other causes; or which otherwise pose a danger to the public health and overall attractive shape of the tree. The permit may require that pruning be done under the supervision of a certified arborist.
(G) The City may require that a tree removed be replaced with a tree in accordance with a tree approved by the Public Works Superintendent and City Administrator.
(H) The above requirements do not apply to free pruning or removal by City Staff or agents. They also do not apply to public utility agencies or their agents pruning or removing trees as necessary to comply with applicable utility clearance standards. They do not apply in emergency circumstances.
(Ord. 622, passed 11-3-2010) Penalty, see § 92.99
(A) All sidewalks and driveways installed within the City right-of-way shall be designed, constructed, reconstructed, altered, or repaired in accordance with the latest version of the Public Works Design Standards.
(B) It is the duty of an owner of land adjacent to a public right-of-way in the City to construct, reconstruct, repair, and keep clear of leaves, ice, snow, and all other obstructions or hazards to the public which are reasonably removable on all sidewalks and driveways adjacent to said land. The Engineer shall notify the property owner of the need to repair sidewalks and driveways after determining that the existing sidewalk is in such a state of disrepair that the condition or defect is such that it would create a danger to pedestrians. Such notice to the property owner shall be in writing.
(C) No person in charge of any building or structure shall suffer or permit rainwater, ice, or snow to fall from such building or structure onto a street or public sidewalk or to flow across such sidewalk.
(D) The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about such will not be carried across or upon any sidewalk.
(E) The owner responsible for maintenance of the adjacent sidewalk and driveway shall be liable to any third person who sustains any injury or damage as a result of inadequate maintenance, repair, construction, or failure to adequately remove snow, ice, leaves, or any other hazard or obstruction from that portion of sidewalk or driveway abutting his or her property. Additionally, any person who fails to perform or comply with the duties imposed by this division (E) shall be liable to any third person for injuries or damages suffered as a result of such failure.
(F) No owner or person in charge of property shall permit a cellar door or grate located in or upon a sidewalk or public pathway to remain open except when such entrance is being used and, when being used, there are adequate safeguards for pedestrians using the sidewalk.
(G) No person, except as otherwise permitted by chapter, shall obstruct, cause to be obstructed, or assist in obstructing vehicular or pedestrian traffic on any street or public sidewalk.
(H) Concurrent with the issuance of a building permit for the construction of a building for residential use or business structures or an addition or alteration to a dwelling or business structure, the value of which is $5,000 or more.
(1) The owner, builder, or contractor to whom the building permit is issued shall meet the following requirements:
(a) Construct a sidewalk within the dedicated right-of-way for the full frontage in which a sidewalk in good repair does not exist. The sidewalk construction shall be completed within the building construction period or prior to issuance of an occupancy permit, whichever is the lesser; and
(b) Dedicate right-of-way in accordance with an approved City plan.
(2) The Engineer may issue a permit and certificate allowing noncompliance with the provisions of this section to the owner, builder, or contractor when, in his or her opinion, the construction of a sidewalk is impractical for one or more of the following reasons.
(a) Sidewalk grades have not and cannot be established for the property in question within a reasonable period of time.
(b) Future installation of public utilities or street paving would, of necessity, cause severe damage to existing sidewalks.
(c) Topography or contours make the construction of a sidewalk impractical.
(d) The noncompliance provided in divisions (H)(2)(a) and (H)(2)(b) above shall be temporary and shall cease to exist when grades are established for sidewalks by the Public Works Department or when public utilities or street paving have been constructed.
(3) If the owner, builder, or contractor considers any of the requirements impractical for any reason, they may appeal the decision to the Public Works Superintendent.
(4) If sidewalk is not constructed within the time required by this section, then the City may construct it for the full street frontage in front of the property and proceed with the construction, assessment, and collections of costs as provided for in this division (F) above.
(I) It is the duty of every property owner whose vacant or undeveloped property abuts upon any street, which has been improved with a hard-surface pavement, to construct a concrete curb and sidewalk conforming to City ordinances when 50% of the lineal distance of the sidewalk of said block has already been installed. Said construction shall be completed within two years after notice by the Engineer.
(J) It is the duty of every property owner of developed property whose property abuts upon a street, which has been improved with a hard-surface pavement, to construct a concrete curb, sidewalk, and driveway conforming to City ordinances when 50% of the lineal distance of the sidewalk of said block has already been installed. Said construction shall be completed within one year after notice by the Engineer.
(K) It is the duty of every property owner whose property abut upon a street designated as a “high pedestrian use street” to construct a concrete curb and sidewalk conforming to City ordinances within one year after notice by the Engineer. The Engineer shall identify “high pedestrian use streets” by determining whether a certain street is a primary walking route to schools, community buildings, or commercial areas and whether the absence of sidewalks along those walking routes is a potential danger to pedestrians. The Engineer may also apply other factors such as pedestrian counts, projects under construction, or sites designed for development when identifying “high pedestrian use streets.”
(L) The City Council may, when it deems it reasonable, necessary, and expedient, order the construction, reconstruction, or repair of a sidewalk or driveway by the owner or owners of land adjoining any public right-of-way in the City.
(1) The order shall be by written resolution and shall contain:
(a) A description of the land adjacent to the ordered work and the same may be by street address only;
(b) The names or names of the owners of the affected property;
(c) The time within which the work is to be completed;
(d) The order of the Council requiring the work to be accomplished; and
(e) An order directing the Engineer to notify the owners of the City Council action.
(2) The Engineer shall be responsible to assure that the following requirements are fulfilled when the powers of City Council are to be used to accomplish the construction, reconstruction, or repair of sidewalks or driveways.
(a) Notices shall be sent out ten days in advance of any Council action to the affected owners, or his, her, or their agents, that consideration will be given to the construction, reconstruction, or repair of the sidewalks or driveways adjacent to his, her, or their property.
(b) It shall be deemed sufficient that the notice is served by one or more of the following methods:
1. Registered mail;
2. Posted on the property;
3. Served personally; and/or
4. Publication in a local paper.
(c) A mistake in the name of the owner shall not render void such notice.
(3) In the event the order of the Council for the construction, reconstruction, or repair of a sidewalk or driveway is not complied with within the time designated or is not complied with according to the Engineer’s specifications or directions, the Engineer shall cause the order to be performed either by contract or force account and shall keep an accurate cost record of the expense as it applies to each parcel of land.
(4) Upon receipt of the record of costs specified in the above, the Council shall by ordinance assess the cost of all work against the adjacent property. The assessment shall be a lien against the property and may be collected in the same manner as is provided by law for the collection of unbonded liens for local improvements.
(5) The provisions of the Bancroft Bonding Act being ORS 223.205 et seq. of the state shall not be applicable to assessments made under this chapter unless the Council directs otherwise in the resolution ordering alternative forms of financing by or under the direction of the City upon such terms and provisions as the Council may deem appropriate.
(M) Any person who may desire to construct or is required to construct, reconstruct, or repair any sidewalk, curb, or driveway shall obtain a permit before commencing work; and such application shall specify the property along which such walk, curb, or driveway is to be laid; the name of the person for whom same is to be performed; and the time within which same is to be completed. It is hereby the duty of the Engineer to issue permits and upon the request of any person to whom a permit has been issued as herein provided and within a reasonable time thereafter, to set the grade and line stakes for the construction of any sidewalk, curb, or driveway in the City. No person shall construct or cause to be constructed any sidewalk, curb, or driveway in the City until such grade and line stakes have been set.
(N) The Engineer may authorize the installation of a meandering sidewalk for aesthetic purposes provide that said walk does not substantially inconvenience the general public nor create an apparent traffic or pedestrian hazard.
(Ord. 622, passed 11-3-2010)
(A) Except as otherwise provided by written contracts with the City or by supplemental specifications and plans authorized and maintained by the Engineer, all public improvements, all private improvements located or affecting City-owned utilities shall be constructed, reconstructed, repaired, and maintained in accordance with the most current version of the Oregon Standard Specifications for Construction manual published jointly by the A.P.W.A. Oregon Chapter and the state’s Department of Transportation.
(B) For the purpose of administration of the provisions of the manual, the term OWNER shall refer to the City and the term CONTRACTOR shall refer to the person responsible for the construction, reconstruction, and repair of the improvements.
(C) Exceptions and additions to the plans and specifications contained in the manual may be authorized or required by the Engineer. With regard to a particular project or class of project, the Engineer may disapprove any specification or material otherwise permitted if, in the Engineer’s opinion, the use of the specification material would not be suitable or would not conform with the highest standards of safety, engineering, and construction practices.
(D) All official elevations established in the City shall be with reference to their elevation as compared with the official base, NGS NAD 83, in feet and decimal parts of a foot. No grade or official elevation shall be established other than by ordinance and in the manner approved by the Engineer. The official City base or plane or reference for coordinates and elevations is County GPS station 53, located at the centerline intersection of Third Avenue and Getchell Avenue.
(Ord. 622, passed 11-3-2010)
CONSTRUCTING OR PLACING IN RIGHTS-OF-WAY
Loading...