Chapter 12.30
PUBLIC RIGHTS-OF-WAY
Sections:
Article I. Regulatory Control
12.30.030 Scope of regulatory control.
12.30.040 City permission requirement.
12.30.050 Obligations of the city.
Article II. Encroachments of Public
Improvements
12.30.080 Property owner notification.
12.30.090 Waiver of requirements.
12.30.100 Criteria for granting waiver.
12.30.110 Grant or denial of waiver.
12.30.120 Limitations on approval.
Article I. Regulatory Control
12.30.010 Definitions.
For the purpose of this article, the following mean:
“Person” means individual, corporation, association, firm, partnership, joint stock company, and similar entities.
“Public rights-of-way” include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
“Within the city” means territory over which the city now has or acquires jurisdiction for the exercise of its powers. [Ord. 227 § 1, 1997.]
12.30.020 Jurisdiction.
The city of Garibaldi has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. [Ord. 227 § 2, 1997.]
12.30.030 Scope of regulatory control.
The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means. [Ord. 227 § 3, 1997.]
12.30.040 City permission requirement.
No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits. [Ord. 227 § 4, 1997.]
12.30.050 Obligations of the city.
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way. [Ord. 227 § 5, 1997.]
Article II. Encroachments of Public
Improvements
12.30.060 Purpose.
The purpose of this article is to establish a procedure for addressing encroachments of private improvements into street rights-of-way. [Ord. 247 § 1, 2000.]
12.30.070 Policy.
It is city policy to remove structural encroachments into public street rights-of-way. [Ord. 247 § 2, 2000.]
12.30.080 Property owner notification.
When the city becomes aware of a structure that encroaches into a public street right-of-way, the affected property owner will be notified of the encroachment. Notification will include a statement of the city's policy with respect to structural encroachments, and instructions to the property owner to either remove the encroachment or apply for a waiver from the city council. [Ord. 247 § 3, 2000.]
12.30.090 Waiver of requirements.
A. A property owner with a structural encroachment into a public street right-of-way may request that the city council issue a waiver from the requirement that the encroachment be removed. The application for a waiver shall be made by the property owner on forms provided by the city for that purpose, and shall be accompanied by an application fee in such amount as the council shall by resolution require. Following receipt of the application and fee, the city recorder shall schedule the matter for a hearing before the city council.
B. Notice of the hearing shall be given by first class mail not less than 20 nor more than 40 days in advance of the city council's hearing to all property owners within 100 feet of the exterior boundaries of the property which contains the structure encroaching on the right-of-way. Notice shall also be mailed to the person requesting the waiver, and to all franchised utilities operating within the city limits. Notice shall also be given to city of Garibaldi public works staff and to the Garibaldi planning commission.
C. Notice shall include all information generally required for notices of land use hearings pursuant to the Garibaldi zoning ordinance (GMC Title 18), as amended. [Ord. 247 § 4, 2000.]
12.30.100 Criteria for granting waiver.
The granting of a waiver pursuant to this article shall be based upon an affirmative finding by the council that:
A. There is an exceptional circumstance which does not generally apply to other properties, or requiring removal of the encroachment would create a practical difficulty or unnecessary hardship; and
B. Granting the requested waiver will not adversely affect the ability of the city to utilize the right-of-way, or adversely affect adjacent property. [Ord. 247 § 5, 2000.]
12.30.110 Grant or denial of waiver.
A. Following the public hearing in GMC 12.30.090, the council shall approve the waiver, deny the waiver, or approve the waiver with conditions. The decision of the council shall be in the form of a written order granting the waiver, denying the waiver, or approving the waiver with conditions. The council may attach such conditions to granting the waiver as the council may consider reasonable. The order shall incorporate findings of fact and conclusions that include a statement of the facts upon which the council relied in establishing compliance or noncompliance with the applicable criteria or standards and how those facts support the decision.
B. Notice of the council's decision shall be provided to all parties to the hearing within five working days of the date on which the order was signed. Notice of the decision shall include a brief description of the decision reached and a statement that the complete file, including the final order, is available for review at City Hall during regular working hours. [Ord. 247 § 6, 2000.]
12.30.120 Limitations on approval.
City council approval of a waiver pursuant to this article shall be limited to the specific application which initiated the action. The granting of a waiver does not preclude the city council from requiring removal of the encroachment at a later date, upon 60 days' advance notice to the owner thereof. [Ord. 247 § 7, 2000.]
12.30.130 Building permits.
Notwithstanding the provisions of GMC 12.30.060 through 12.30.120, the city shall not issue a building permit for a property with a structural encroachment into public street right-of-way without said building permit incorporating removal of the encroachment. [Ord. 247 § 8, 2000.]