Chapter 12.28
TEMPORARY USE OF CITY REAL PROPERTY
Sections:
12.28.020 Responsibility for administration.
12.28.040 Guidelines for decision.
12.28.070 Bonds and insurance.
12.28.010 Purpose.
This chapter establishes procedures for the granting of temporary use of city real property not currently used by the city for use by various organizations for the purpose of promoting trade and tourism within the city and its environs. (Ord. 1270 §1, 2000)
12.28.020 Responsibility for administration.
The mayor, or such other officer as may from time to time be appointed, is responsible for the administration of this chapter. The mayor shall receive applications for the use of city real property not currently used for city purposes. Such application shall be made on a standard form to be made available at the office of the city clerk. The application form shall require the same information as is required under Section 12.20.040 and any such further information as the mayor may deem appropriate in aid of making a determination on issuance of a permit. (Ord. 1270 §2, 2000)
12.28.030 Procedures.
The mayor shall cause to be established a policy for submission of applications and a time limit of not less than fifteen nor more than forty-five days from the time of making an application until a decision is made.
Upon application being made for a permit, the mayor shall cause adjacent property owners and property owners within three hundred feet of the boundary of the property to be given written notice of the application. The notice shall be sent by regular mail and shall request that any property owner affected by the proposed use submit written comments to the mayor within ten days of the date the notice is mailed.
If the mayor authorizes the grant of a permit, the application shall then be forwarded to the chief of police for determination of those matters set forth in Section 12.20.050. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; Ord. 1270 §3, 2000)
12.28.040 Guidelines for decision.
In determining whether to issue a permit for use of city real property, the mayor shall consider the following:
A. The effect on the property to be used. Will the proposed use subject the property to the dangers of fire, erosion or other problems that will be detrimental to the property;
B. Will the use of the property cause significant inconvenience or annoyance to adjacent land owners or business;
C. Will the proposed use of the property create an economic benefit to the city by way of tourism or trade;
D. Will the use be in compliance and consistent with current zoning;
E. The comments of the adjacent property owners, residents, businesses or organizations or other interested parties.
On making a decision, the mayor shall cause those parties having commented on proposed use to receive written notice of the decision within five days after the close of the comment period. (Ord. 1270 §4, 2000)
12.28.050 Appeal.
Any party feeling aggrieved by the decision of the mayor to grant or deny a permit for the use of city real property shall have five working days from the date of mailing of the decision to file a notice of appeal with the city council. The notice of appeal shall contain the name and address of the party appealing and a brief description of the basis for the appeal.
Upon receipt of a notice of appeal, the matter shall be scheduled for hearing at the next regular meeting of the city council at least ten days after the receipt of the notice of appeal. Upon scheduling the matter for hearing, the mayor shall cause notice of the hearing to be given to appealing party at least five working days before the scheduled hearing.
Upon hearing the appeal, the council shall only reverse the decision of the mayor upon a finding that his grant or denial of a permit did not give adequate consideration to the guidelines established in Section 12.28.040, which findings shall be in writing. (Ord. 1270 §5, 2000)
12.28.060 Form of permit.
The permit shall provide for the time that the property may be used with a beginning and ending date, the purpose for which the property shall be used, the requirements for security and crowd control, provision for traffic control, provision for payment of costs including any cleanup or restoration work that the city shall be required to perform if the applicant does not restore the premises to its condition prior to its use. (Ord. 1270 §6, 2000)
12.28.070 Bonds and insurance.
Upon a final decision to grant a permit, and as a condition of the granting of a permit, the applicant shall provide proof of insurance to the city, showing that the applicant has liability insurance in an amount of not less than one million dollars showing the city as an additional insured.
The applicant shall further provide the city with a performance bond in the amount of ten thousand dollars to assure that the applicant will comply with all conditions of the permit including restoring the property to its condition prior to the use thereof. (Ord. 1270 §7, 2000)