HomeMy WebLinkAboutOrdinance No. O12-07 ORDINANCE NO. 012-07
ORDINANCE AMENDING THE REQUIREMENTS FOR
SIDEWALK REPLACEMENT AS PROVIDED AT
CHAPTER 12.04 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, City staff recommends the City Council adopt a Sidewalk Replacement
Program to encourage the replacement of unsafe and aging sidewalks; and
WHEREAS, the Laurel Municipal Code requires an update to reflect procedural
amendments for sidewalk replacement set forth in the Sidewalk Replacement Program Policy;
and
WHEREAS, based on the Staff's recommendations, the City Council agrees that
modification and amendment of the existing ordinance is in the best interest of the City and its
citizens.
IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the
LAUREL MUNICIPAL CODE is hereby amended as is set forth below.
Chapter 12.04
STREET AND SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.04.010 . ... • - - - - - .. .:. _ . .. _ _ _ _ . . Non special
improvement district sidewalk replacements
12.04.020 Residential Sidewalk Replacement Program
12.04.0230 Streets.
12.04.040 Definitions.
12.04.050 District designation authority.
12.04.060 Cost — Assessment.
12.04.070 Cost — Assessment
Levy— Resolution.
12.04.010 . :. •- _ .. .. =-- . -• _ _ _ : =-. Non special
improvement district sidewalk replacements
A. Sidewalk replacements need not occur by special improvement district when recommended
by staff and directed by City Council.
AB. Without the formation of a special improvement district, the Ceity Ceouncil may order
sidewalks, curbs or gutters constructed or replaced in front of or adjacent to any lot or parcel of
land and may order alley approaches constructed or replaced adjacent to any lot or parcel of land
by resolution.
012 -07 LMC 12.04 Sidewalk Replacement
EC. Whenever the City Coouncil orders any such . - - , -... - - .• - -• ••
construction or replacement -. • , • - • -- - - -
- - - - - • = ••• - . - -.. .. it shall adopt a resolution that contains the
name of the street and address along which the sidewalk, curb, of gutter, or alley approach is to
be constructed . . - - • ..:. - , .,_ _ or replaced.
GD. After approving the resolution , the City Staff shall provide written
notice thereof shall -he -given providing the owner or agent of the owner of such property or the
owners or agents of all adjacent owners having access to their properties by the alley approach,
as appropriate., - . - - .. • _ ... _ . : , - -
DE. If the owner or agent fails to construct or replace the sidewalk, curb, gutter, or alley
approach, as ordered by the City Council within thirty days after delivery of the notice, the City
may proceed to construct or replace the improvements. The City Council shall assess the entire
cost, including engineering costs, against the appropriate property. If the owner er ag e n t e f `he
EF. When any sidewalk, curb or court, gutter or alley approach is constructed by or under
direction of the city council, payment for the construction shall be made by special warrants in
such form as may be prescribed by ordinance and drawn against a fund to be known as the
special sidewalk, curb and gutter fund or the special alley approach fund, as appropriate, and
the council may provide for the payment of interest annually. The warrants drawn on the special
sidewalk, curb, and gutter fund and alley approach fund shall bear interest at a rate of up to six
percent a year.
G. The payment of the assessments to defray cover the cost of construction or replacement
above . - - • . - . - -. • . - - - • • :: - • - may be spread over a term of not to
exceed twelve years, payment to be made in equal annual installments.
12.04.020 Residential Sidewalk Program
A. The City hereby creates a program entitled the Residential Sidewalk Program. The Program
policy may be obtained from the City Planning Department. The Program's intent is to
encourage the replacement of unsafe and aging sidewalks. The Residential Sidewalk Program
may only be utilized when sufficient funds allow. The Program shall be utilized as follows:
1. Voluntary Request. A City resident may submit a letter of request to be placed on
the annual replacement list.
012 -07 LMC 12.04 Sidewalk Replacement
2. Complaint. If a complaint is lodged against a property owner, the City shall give
written notice to the owner or agent of the owner of such lot or parcel of land and
request the sidewalk be repaired or replaced pursuant to Montana Public Works
Standards within 30 days. After 30 days, if no improvements have been made,
the City may enroll the property in the Program or pursue the repair or
replacement pursuant to Section 12.04.010.
3. City Staff Recommendation. Upon recommendation of City staff, property may
be placed on the Program's annual list.
B. The City Council shall approve the Program's sidewalk replacement list by the first Monday
of October. Additionally, the City Council shall pass a resolution levying an assessment and tax
against the appropriate property, lot, or parcel to pay for the construction or replacement of the
improvement. The resolution levying the assessment shall be made in every manner prepared
and certified the same as resolutions levying assessments for the making of improvements in
special improvement districts.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
December 18, 2012, by Council Member Poehls.
PASSED and ADOPTED by the Laurel City Council on second reading this 15 day of
January, 2013, upon motion of Council Member Poehls
APPROVED BY THE MAYOR this 15 day of January, 2013.
CITY • F LAUREL
.M .L..
7 - nneth E. Olson, Jr *r
ATTEST:
-,(1 1 C (((/ �� (c Shirley Ewan, CIrk- Treasurer
Apl. ved . o - .
i
am • . i il i 7 ttorney
012 -07 LMC 12.04 Sidewalk Replacement