Chapter 13.25
BUS BENCHES
Sections:
13.25.010 Prohibition—Unauthorized Privately-Owned Bus Benches.
13.25.025 Agreement or Permit—Required.
13.25.035 Hearing on Impoundment.
13.25.050 Violation of Chapter.
13.25.010 Prohibition—Unauthorized Privately-Owned Bus Benches.
Except as otherwise provided in this Chapter, no person shall place, construct or maintain a bus bench in any public right-of-way or on any other publicly owned or controlled real property (hereafter in this Chapter, “right-of-way”) without the written permission of the City Manager. (Ord. 89-20, 8/8/89; amend. Ord. 94-13, 11/8/94)
13.25.020 Existing Benches.
A. Any privately owned bus bench shall be permitted in the City right-of-way provided the owner of such bus bench has executed a contractual agreement with the City for the placement of bus benches within the City right-of-way and has a permit pursuant to this Chapter. Any such permit shall be valid for no more than one month following the expiration or termination of any such contractual agreement for the placement of bus benches within the City’s right-of-way. Any such permit shall be renewable on a month to month basis until such time as the City Manager determines that the location is no suitable for a bus bench, or the City is prepared to execute a new contractual agreement for the placement of bus benches. No monthly permit shall be issued or be renewed when the City Manager determines that the location applied for is not suitable for a bus bench or the city is prepared to execute such a contractual agreement.
B. The notice provided by Section 13.25.030 may issue when the City Manager determines that the location applied for is not suitable for a bus bench or a bus bench is in violation of this Chapter. (Ord. 89-20, 8/8/89; amend Ord. 94-13, 11/8/94)
13.25.025 Agreement or Permit—Required.
A. No person shall place or maintain a bus bench in the City right-of-way unless and until an agreement for the placement and maintenance of such bus benches has been executed by the City Manager. At any time should the City or owner of any such bus bench allow any such agreement to expire, it is incumbent upon the owner to obtain from the City an encroachment permit for the continual placement of such bus bench in the City right-of way.
B. Permit Application. Upon receipt of a bus bench permit application on a form prescribed by the City Manager, and payment of the appropriate fee, as described in Section 13.25.025(C), the City Manager shall cause an investigation to be conducted to determine whether the permit, if granted, will conform to all provisions of this Chapter and whether the granting of such permit would serve the public interest.
C. Fee Required. No application shall be complete unless accompanied by the fee as established by Resolution of the Council.
D. Condition of Approval. The City Manager may impose, as conditions of approval upon the issuance of the permit, such conditions as the City Manager deems reasonably necessary to insure compliance with this Chapter.
E. Monthly Permit. Bus Bench permits may be renewed for the periods of one month upon application as provided in this Chapter and payment of the correct fee as established by resolution of the Council.
F. Permit Renewal. Bus Bench permits may be renewed for periods of one month upon application as provided in this Chapter and payment of the correct fee as established by resolution of the Council. (Ord. 94-13, 11/8/94)
13.25.030 Notice to Remove.
The City Manager shall cause written notice (“notice”) of the provisions of this Chapter to be given to any person who is known or believed to be the owner of, or the person entitled to possession of, any bus bench which is located in a right-of-way in the City and is in violation of this Chapter. Such notices shall be given by personal service or by deposit in the custody of the United States Postal Service, or its successor, postage prepaid and addressed to such person at his or her last known address. Each notice shall indicate that the continued placement of a bus bench at the designated location constitutes a violation of this Chapter and shall set a period of time, not in excess of thirty consecutive calendar days, during which such person shall remove from the right-of-way the bus bench to which the notice relates. Each notice shall also indicate that the person is entitled to request in writing a hearing before the City Manager within five (5) working days pursuant to Section 13.25.035. (Ord. 89-20, 8/8/89; amend Ord. 94-13, 11/8/94)
13.25.035 Hearing on Impoundment.
A. Request for Hearing. Any permittee or person maintaining a bus bench found in violation of this Chapter may, at any time within thirty (30) days of the alleged violation, request in writing a hearing before the City Manager.
B. Stay Pending Decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered.
C. Conduct of Hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for hearing. At the hearing any person may present evidence or argument as to whether the bus bench was in violation of this Chapter or whether the bus bench should be returned without payment of an impound fee.
D. Decision. A decision shall be rendered within five (5) working days after the close of the hearing.
E. Notice of Decision. The City Manager may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail. (Ord. 94-13, 11/8/94)
13.25.040 Removal by City.
The City Manager shall take the steps necessary to remove any bus bench which continues to be located in a right-of-way following the period of time given for its removal, as is set forth in the notice given pursuant to Section 13.25.030. Where a bus bench is removed by City forces or a contractor designated by the City to perform such work, the bus bench, upon its removal, shall be disposed of in such manner as the City Manager may deem appropriate, giving preference to the sale of the same for its salvage value, if any. All costs of bench removal shall be a proper charge against the person who owns the bench or who is entitled to possession thereof, and any such person shall pay to the City all costs, including, but not limited to, administrative and legal costs incurred in such removal process, less any salvage value recovered by the City. (Ord. 89-20, 8/8/89)
13.25.050 Violation of Chapter.
Any person, other than the City, who violates any provision of this chapter by placing, maintaining, or continuing to place or maintain a bus bench in any right of-way located within the City, after the operative date of this chapter shall be deemed guilty of a misdemeanor and shall be punished in the manner prescribed by law. Each calendar day during which a bus bench is placed or maintained contrary to the provisions of this chapter shall be deemed a separate offense. (Ord. 89-20, 8/8/89)