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HomeMy WebLinkAboutOrdinance No. 987 - Fail -9- ~ ~~ ~~ ORDINANCE N0. 987 ,~ AMENDING SECTION 12.16.040 OF THE LAUREL MUNICIPAL ~~- ~ % CODE TO REQUIRE A PERMIT FOR ANY ENCROACHMENT ON ~D ~ ~; ANY PUBLIC PROPERTY. //n-' ---~ I~/n_~ ~ E IT ORDAINED by the City Council of the City of Laurel, \ )O,/-91 a, that Section 12.16.040 of the Laurel Municipal Code be amended to read as follows: Section 12.16.040- Encroachment permit required. A) No encroachment on any public right-of-way, public sidewalk or other public property shall be allowed except by authority of an encroachment permit issued by the City of Laurel or its designee. Application for an encroachment permit shall be made on the forms and in accordance with the procedure prescribed by the Street and Alley Committee. A fee for the permit application shall be charged to cover the administrative costs of processing as prescribed by council resolution. The Street and Alley Committee shall review the application with the applicant. If the issuance of the permit is approved, the Street and Alley Committee shall issue the permit. If the permit is denied, the Applicant shall be provided with a statement of the reasons therefor; which reasons shall be entered in writing on the application. The applicant shall be entitled to appeal the denial of the permit to the city council as provided in subsection B below. B) From the date of denial of the permit, the applicant shall have ten (10) days in-which to submit a written notice appealing such denial to the city council. The notice of appeal shall be filed with the City Clerk and shall state reasons supporting the grant of the encroachment permit, the applicant's correct mailing address and telephone number, shall be signed.by the applicant and shall be accompanied by the processing fee as prescribed by council resolution. The appeal shall be placed on a city council agenda not more than twenty-one (21) days after receipt of notice. The applicant shall be notified in writing by certified mail, return receipt requested, of the date and time the matter will be considered on the agenda. In addition, notice of hearing shall be published once in the official city legal newspaper prior to the hearing. The notice shall exclude the proposed encroachment encroaches, the extent of the encroachment and the duration. The applicant and all other interested persons may appear at the time and place and be heard either for or against. This Ordinance shall become effective thirty (30) days after final passage of the City Council and approval by the Mayor. Introduced City Council on PASSED and reading this by Alderman APPROVED b day of on first reading at a regular meeting of the September 17th by Alderman Teeters ADOPTED by the Laurel City Council on second day of 1991, upon a motion y the Mayor of the City of Laurel on the 1991. CITY OF LAUREL Bob Gauthier, Mayor ATTEST: Donald L. Hackmann, City Clerk APPROVED AS TO FORM: Joseph M. Bradley, City Attorney