HomeMy WebLinkAboutOrdinance No. 991Laurel,
is hereby amended to read as
Section 12.16.100.
ORDINANCE NO. 97/
AMENDING SECTION 12.16.100 OF THE LAUREL MUNICIPAL
CODE, TO ESTABLISH RENTALS FOR ENCROACHMENT PERMITS
IT IS HEREBY ORDAINED by the City Council of the
Montana, that Section 12.16.100 of
follows:
Encroachment
City of
the Laurel Municipal Code
Rentals: Levy, Amount,
Removal for Non-Payment; Exceptions.
1. Every person maintaining or owning a bow window, shop
window, balcony, portico, stairway, porch, box, step, door,
building, wall coal hole, areaway, gasoline pump, gasoline tank,
sprinklers, decorative lighting, or any other structure,
encumbrance, obstruction or encroachment, in or upon or extending or
projecting on, over, across or above and within seven (7) feet of
the grade of any public property, public street, avenue, sidewalk or
alley in the city, shall obtain an encroachment permit as set forth
in Section 12.16.040, and shall pay to the city an annual
encroachment rental fee therefor, on or before the thirtieth day of
November of each year.
2. The amount of the annual encroachment rental fee to be
paid to the city for each structure, encumbrance, obstruction or
encroachment, shall be prescribed by council resolution. If a fee
is based on surface area, the surface area shall be determined by
projecting the encroachment vertically up or down onto the surface
of the public right-of-way or public property.
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3. The city council may, annually, by resolution, make a
special assessment for the annual rental required by section l,
above, upon the lot or lots, abutting on that part of the street,
avenue or alley, and on that side of the street, avenue or alley on
which a structure, encumbrance, obstruction or encroachment as
described in section 1 is situated, when the person who maintains or
owns such structure, encumbrance, obstruction or encroachment is the
owner of such abutting lot or lots. In all other cases, such rental
shall be collected by other lawful means and by suit, if necessary.
4. In case of the neglect, failure or refusal of any person
to pay the annual rental required by section 1, the city council
shall cause the structure, encumbrance, obstruction or encroachment
on which such person has failed, neglected or refused to pay such
rental, to be removed from the street, sidewalk, avenue or alley in,
upon, over, across or above which the same is situated, without
notice.
5. The erecting or maintaining of poles by telephone,
telegraph or electric light companies, for which permits have been
granted by the city, are excepted from the provisions
section. There is also excepted from the provisions of this
the maintenance of light poles and bus benches placed
authority of the city.
This ordinance shall become effective thirty
final
of this
section
by the
(30) days after
passage by the City Council and approval by the mayor.
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of
Alderman 0rr
PASSED and
reading this 6th
Alderman Orr
APPROVED by the Mayor this
Introduced and passed on first reading at a regular meeting
the City Council on October 15 , 1991 by
ADOPTED by the Laurel City Council on second
day of November , 1991, upon motion of
November 6 , 1991.
ATTEST:
~.~Ha~'Ci ty~C 1 e rk
ApProved as to for~:
JOS~ ~ Bradley, City
Bob Gauthier, Mayor
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