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HomeMy WebLinkAbout71.17 ORDINANCE NO. 71. 17 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 10-05.030 CONCERNING OBSTRUCTIONS TO STREETS AND SIDEWALKS AND AMENDING SECTIONS 10- 20.070, 10-20.080(b), 10-20.090, 10-20.100 AND 10-20.110(a) CONCERNING ENCROACHMENT PERMITS The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 10-05.030 in Article 10-05 of the City Code is amended to read as follows: "S10-05.030 Types of obstructions The following is a nonexclusive list of obstructions which, under this Article, are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks, and the same are hereby declared to constitute a public nuisanc e: (a) Any tree, hedge, shrub or structure overhanging a public street or sidewalk, the lowest part of which is less than ten feet above such street or sidewalk. (b) Any tree located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the limbs of which are less than ten feet above the ground surface. (c) Any hedge, shrub, sign or other structure located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, the overall height of which is more than three feet above the established grade of the adjoining street. (d) Any vegetation, structure or object which is so situated as to in any manner interfere with the unobstructed view by motorists, bicyelists or pedestrians of approaching or intersecting traffic or the view of traffic control devices or directional signs placed upon any street or right-of-way for the safety of the public." SECTION 2: Section 2-20.070 in Article 2-20 of the City Code is amended to read as follows: "S10-20.070 Authority to issue permits -- The City Engineer is authorized to issue encroachment permits pursuant to this Article. -1- SECTION3: Paragraph (b) of Section 10-20.080 in Article 10-20 of the City Code is amended to read as follows: "(b) As a condition for issuance of the permit, the applicant may be required to post a cash or surety bond payable to the City, conditioned on the proper compliance with all of the terms of the permit and this Article. The bond shall be in such amount as the City Engineer deems sufficient to cover the cost to complete the encroachment or to remove the same and restore the public right-of-way to its original condition, whichever cost is greater." SECTION 4: Section 10-20.090 in Article 10-20 of the City Cede is amended to read as follows: 'S10-20,090 Indemnification of City Each applicant for an encroachment permit shall agree to indemnify and hold the City harmless from and against any and all claims, demands, actions, suits or liability of whatsoever kind or nature arising or resulting from the doing refraining from doing of any act permitted by such permit, or arising or resulting in any manner from the erection or construction of such encroachment. The City Engineer may require adequate public liability and property damage insurance as a condition of issuance." SECTION 5: Section 10-20.100 in Article 10-20 of the City Code is amended to read as follows: "SI0-20.100 Additional conditions of permit In addition to any conditions specifically required under the provisions of this Article, encroachment permits may contain such additional conditions as in the opinion of the City Engineer appear reasonably necessary to insure proper installation, completion and maintenance of the encroachment and the protection of the public health, safety and welfare." SECTION 6: Paragraph (a) of Section 10-20.100 in Article 10-20 of the City Cede is amended to read as follows: "(a) Encroachment permits are revocable licenses, and may be revoked at any time on ten days' written notice from the City Engineer." SECTION7: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. -2- SECTIOM 8: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 21st day of Januar~ ~ 1987, by the fo~owing vote: AYES: Co~ci~s ~d~n, Clev~g~, ~les, PeCan, ~d ~r Hlava NOES: None ABSENT: None ABsTA,N: AT · ~ ~ ~AY~R CITY CLERK ~ The above 8nd fore~o~n?~s a true and correct co~ ol 0rd~nance ~, ~ which has been rk ~ate