HomeMy WebLinkAboutOrdinance-1986-0689INTRODUCED BY COUNCILMEMBER Worth
Ordinance No. 689
Series of 1986
TITLE: AN ORDINANCE REPEALING AND REENACTING CHAPTER 20,
STREETS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Chapter 20, Streets of the Code of Laws of the
City of Wheat Ridge, including Sections 20-1 through 20-34
inclusive thereof, is hereby repealed in its entirety, and is
hereby reenacted as follows:
ARTICLE I. EXCAVATION
Sec. 20-1. Definitions
For the purposes of this Chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Applicant: Any person, firm, district or corporation
required by this division to make application for a permit.
Base course: This material shall consist of a
foundation course composed of crushed gravel or crushed stone and
filler and shall be free from vegetable matter and lumps or balls
of clay and shall meet the grading requirements of Class 5 or
Class 6 Aggregate Base Course as defined in the current edition
of the "Standard Specifications for Road and Bridge Construction"
published by the Colorado Department of Highways.
City Council: City council of the City of Wheat Ridge,
Colorado.
City Engineer: The City Engineer of the City of Wheat
Ridge.
Design Engineer: A professional engineer registered in
the State of Colorado and emploved by the applicant or under
contract to the applicant.
Director of public works: The director of public works,
of the City of Wheat Ridge, Colorado, or his designated
representative.
Inspection permit: A permit issued to a professional
engineer registered in the State of Colorado to provide
inspection and testing services.
Permit: Written authorization by the City Engineer
allowing persons, firms or corporations to enter city streets,
roads or rights-of-way for the purpose of construction,
installation and excavation. Said permits shall be issued only
at such time as all requirements imposed by this Chapter 20 are
satisfied and all applicable fees imposed in this Section 20 are
paid.
Street: A dedicated public right-of-way which serves,
or is intended to serve, the needs of residential, industrial or
commercial areas of the City.
Unimproved street: A street which has not been surfaced
with asphalt or concrete.
Sec. 20-2. Requirements - Generally.
Unless otherwise provided in this Chapter, it shall be
unlawful for any person, firm, or corporation to enter upon
streets or rights-of-way of the City for the purpose of
installing water, sanitary sewer, storm sewer, gas, electrical
power, communication lines, telecommunications lines or
facilities or any other facility or improvement of any
description whatsoever into any street, right-of-way, easements,
or facility or improvement of this City without first having
obtained the permits and having paid the fees that are herein
established and without complying fully with the fees,
regulations and specifications of this City which are hereby
established by this Chapter. No permit shall be issued to a
contractor, as the term is defined in Section 5-70 of this Code
of Laws, until said contractor has been licensed by the City as
provided in Chapter 5 of the Code of Laws. Notwithstanding the
foregoing, no individual performing work in the public
right-of-way adjacent to or adjoining property owned or leased by
him for use as a residence shall be required to obtain such a
license.
Sec. 20-3. Same - Exceptions for water and sanitation
districts and certain utility companies.
Water and/or sanitation districts as said districts are
defined in Title 32, Article 1, sections 103(18), 103(24), and
public utilities are authorized to enter upon the public
rights-of-way of the City to make emergency repairs without first
obtaining a permit, provided that such water and/or sanitation
district and public utilities shall make application for a permit
within the next business day upon which the City offices are open
for business. Except as provided in this section, the entities
described herein are subject to all duties, fees and requirements
of this Chapter..
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Sec. 20-4. Same - Exceptions for private water companies,
other utility companies.
Private utility and water and other utility companies,
including the Denver Water Board, and Consolidated Mutual Water
Company, whose primary function is to provide water for
consumption, are authorized to enter upon the public
rights-of-way of the City to make emergency repairs without first
obtaining a permit, provided that such private water companies
shall make application for a permit within the next business day
in which the City offices are open for business. Except as
provided in this section, the entities described herein are
subject to all duties, fees and requirements of this Chapter.
Sec. 20-5. Responsibilities of persons making excavations,
constructing streets.
Responsibility of persons, firms, districts or corporations
making excavations in roads, streets or rights-of-way in the City
shall be as follows:
(a) Except as specifically limited by Section 20-16 hereof
(as relates solely to utilities and quasi-municipal
corporations), the persons, firms, districts or
corporations making excavations in the roads, streets,
or rights-of-way of the City shall indemnify and hold
harmless the City, the City Councilmembers, the City
Engineer and City employees individually from liability
for injury to persons or damage to property resulting
from any such excavation or backfill of the underground
structures or failure to repair street surfaces as
herein provided. They further shall hold harmless the
City, the city council, the city engineer and city
employees individually from liability for injury to
persons or damage to property resulting from the
inadequacy of barricades, lights or other proper
warning devices. In those instances where
indemnification is precluded by law, the entity
performing work provided hereunder shall be responsible
for its own, or its contractors' or agents', acts or
omissions.
(b) Good practices and standard safety precautions shall be
observed. All excavations will be provided with
complete and adequate barricades by day and adequate
barricades and lights by night until the work is
complete and/or the persons responsible hereunder are
relieved of that responsibility by the director of
public works.
(c) During the development phase in new subdivisions while
streets are being laid out, constructed and/or
surfaced, or while utility lines are being laid or
installed, authorization may be granted to totally
barricade streets in the interest of public safety,
such authorization to be in writing and approved by the
director of public works or his duly designated
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representative. Such authorization shall state the
period when such total barricading will be allowed.
(d) Thirty days prior to commencement of work of the
extension of water mains, sewer mains or construction
of storm sewers, the engineering plans and
specifications shall be presented to the director of
public works for review. These plans and
specifications relating to work covered by this Section
shall be approved by the director of public works or
his designated representative prior to construction.
(e) When a street is overlayed or reconstructed by the City
in a street program, the responsibility of the persons,
firms, districts or corporations is removed. The City
shall cancel and automatically release any escrows that
are on deposit with the City after a deduction is made
from the escrow account or the appropriate district or
company is billed for the cost of stabilization of the
street cut.
(f) Storage of all materials and traffic control plans
shall conform to the applicable requirements of the
Manual on Uniform Traffic Control Devices as adopted by
the State of Colorado.
Sec. 20-6. Inspection requests.
Requests for inspection by the department of public works
shall be made at least twenty-four-hours in advance except for
Saturdays, Sundays, holidays or at night, and in this case, a
forty-eight-hour request shall be made.
Sec. 20-7. Specifications - Streets classified as local, minor
collector, major collector, and arterial and
improved alleys.
To avoid interference with traffic, the following conditions
must be observed in making excavations in improved through
streets, bus route streets and main thoroughfares:
(a) Work shall be conducted in a manner as to not impede
traffic. Should it be necessary to restrict traffic in
any manner, the applicant shall submit 2 copies of a
traffic control plan to the director_ of public works at
least 72 hours before any work commences. The
applicant shall not begin any work until he receives
approval from the director of public works.
(b) It shall be the responsibility of the contractor
performing the work to notify the appropriate fire
protection district and the City police department of
the times of any impediment to traffic.
(c) All excavations shall be made in accordance with the
applicable sections of the then current edition of the
Standard Specifications for Road and Bridge
Construction adopted by the State Department of
Highways, Division of Highways, State of Colorado. All
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references shall be to these specifications unless
otherwise indicated.
(d) In the event that differences of opinion should arise
between the director of public works and the permittees
as to compliance or noncompliance with specifications
or these regulations, then such dispute shall be
submitted for arbitration to an independent testing
laboratory or engineering consultant, whose findings
shall be binding upon both. Costs of such arbitration
or testing shall be borne by the party or parties whose
contention is not supported by such professional
findings.
(e) In lieu of excavation, tunnel construction may be
utilized if approved by the director_ of public works.
Sec. 20-8. Same - Backfilling and compacting generally.
All excavations in the city streets, roads, alleys,
and rights-of-way shall be made to the following specifications:
(a) The excavation shall be made to lines and grades on the
plans and as established by the design engineer. All
excavations shall be unclassified, and the contractor
or utility company shall be responsible for and take
any special precautions to prevent damage to all
adjacent structures.
(b) Surfacing materials such as concrete and asphalt shall
be saw cut and removed to neat lines and disposed of
independently of the underlying soil; base course and
gravels are to be salvaged to stockpile, protected from
contamination and reused for any special backfill.
[Alternative methods of cutting and disposing of
surfacing may be allowed if approved by the City
Engineer.]
(c) Grading shall be done as may be necessary to prevent
surface water from flowing into trenches or other
excavations, and any water accumulating therein shall
be removed by pumping or by other approved methods.
Shoring shall be placed as may be necessary for the
protection of the work and for the safety of personnel,
according to all federal, Occupational Safety and
Health Administration (OSHA), state and local safety
and health regulations.
(d) Trenches shall be of sufficient width and depth for
properly completing the work. Surfacing material shall
be removed to a minimum of one foot wider than
the trench opening. Trenches shall be kept as narrow
as possible however, if the edge of the trench is
within 3 feet of the curb and gutter the surfacing
materials shall be removed to the edge of the curb and
gutter within the City right-of-way, unless otherwise
approved by the City Engineer.
(e) Bedding of pipes and conduits shall be as required in
the current edition of the Colorado Division of
Highways "M&S Standards".
(f) Where soft, unstable soils, dense shale or rock is
encountered at the normal trench bottom, the contractor
shall undercut, and dispose of such materials, to the
limits established by the City Engineer and backfill
the excavation with Structural Backfill, Class 1.
(g) In dense shale or rock the undercutting shall be not
less than six inches and in unstable soils to not less
than twelve inches below the bottom of the pipe barrel,
and such excavated material shall be replaced with
Structural Backfill, Class 1.
(h) Bedding materials shall be placed in eight-inch loose
horizontal lifts, then compacted to one hundred percent
of maximum dry density as determined by AASHTO T-99.
Puddling will not be permitted unless approved by the
City Engineer.
(i) At no time will wet, soggy, frozen or other unsuitable
material, as determined by the City Engineer, be
allowed as backfill. If proper backfill material
which, when compacted, will attain one hundred percent
of maximum dry density, in accordance with AASHTO T-99,
is not available at the site, suitable materials must
be brought in and unsuitable material removed from the
site.
(j) Backfilling of the trench after the bedding material is
in place and compacted shall be conducted in a. manner_
to prevent damage to the pipe or its coating. When
Backfilling over a flexible conduit, compaction must be
controlled to the extent that elongation along any axis
of the pipe shall not exceed two percent for steel or
five percent for plastic conduits. Tractor-drawn
tamping equipment shall not be used closer than
eighteen inches from rigid pipe or thirty-six inches
from flexible pipe. Elongation requirements on water
mains, sanitary sewer mains, etc., shall be consistent
with the policies of the district or entity which
operates and/or owns those facilities.
(k) Backfilling shall be placed in eight-inch loose and
horizontal lifts, then compacted to one hundred percent
of maximum dry density, as specified by AASHTO T-99, to
a depth no greater than twelve inches below final grade
level. In-place density tests shall be made at the
direction of the City Engineer.
Concrete placed in a trench to cradle or encase the
pipe shall be covered with not more than thirty-six
inches of loosely placed backfill materials and the
concrete then allowed to cure for a period of five days
before the trench backfill is compacted.
In areas where the trench has been sheeted, for
whatever reason, precaution shall be taken during
backfill operations to solidly fill all voids or
cavities behind the sheeting when it is being abandoned
in place, or to solidly fill all voids or cavities in
or adjoining the trench as it is being removed.
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(1) Minimum thicknesses of base course and surfacing
materials shall be determined in accordance with a
pavement design methodology. Unless otherwise approved
by the City Engineer the following minimum depths shall
apply:
Class of Street Full depth of Asphalt Class 5A
Local 5" 3"
Minor Collector 6" 3"
Major Collector 8" 3"
Arterial 9" 3"
Trial mix data for asphalt mixtures shall be supplied
to the City Engineer when requested. All asphalt shall
be supplied by plants certified by the Colorado
Department of Highways.
(m) Cold bituminous mixes may be temporarily placed as
surfacing material, when approved by the City Engineer,
but must be replaced by a hot bituminous mix as soon as
available.
{n) All permanent asphaltic-concrete patches shall be
maintained by the permittee or his contractor. All
contraction or other cracks shall be filled with a
proper asphaltum product upon need, and not to exceed
six months subsequent to surface repair.
(o) Any patched areas which settle more than one inch shall
be dug out and the underlying area recompacted. The
surfacing shall then be replaced to proper line and
grade at the sole cost and expense of contractor.
(p) If the line and grade of the patch deviates from the
line and grade of the street surface more than
one-quarter inch the bituminous pavement of the patch
shall be removed to a minimum depth of one inch, or
one-half inch below the maximum deviation, whichever is
greater. A tack coat shall be applied to all surfaces
of the depression, after cleaning it of all loose
material, and allowed to cure. Then enough hot
plant-mix asphaltic materials is to be spread in the
depression to bring it to original grade when compacted.
The patch is to be thoroughly compacted with a
vibratory plate compactor roller. If small compactors
are used, the surface of the completed patch should be
slightly higher than the pavement. The repaired patch
will remain the maintenance responsibility of the
permitee for an additional twelve months.
Sec. 20-9. Same - Backfilling and compacting in unimproved
streets.
All excavations made in unimproved city streets, alleys or
rights-of-way shall be carefully backfille.d and compacted by the
method described in section 20-8, paragraphs (a) through W. A
minimum surfacing of 6" of Class 6 Aggregate base course shall be
placed and compacted to one hundred percent of AASHTO T-99.
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Sec. 20-10. Permit and inspection fees - Schedule.
Unless otherwise provided for in this division, the
following permit fees and inspection fees shall be paid. by
the
applicant:
Street excavation fee
(a) (1) Basic permit fee
$50.00
(2) Plus, for all area excavation per square
foot........
0.25
Curb and gutter (and sidewalk of monolithic):
(b) (1) Permit fee (applies only to original, new
installations and does not apply to
replacement of damage and/or deteriorated
curb and gutter (and sidewalk if
monolithic))
50.00
(2) Plus, per lineal foot
0.05
Sidewalk:
(c) (1) Permit fee (applies only to original,
new installations and does not apply
to replacement
of damage and/or deteriorated sidewalk)....
50.00
(2) Plus, per lineal foot
0.05
Cross pans:
(d) (1) Permit fee
50.00
(2) Plus, per square foot
0.05
Street or road construction:
(e) (1) Subbase permit fee
50.00
Plus, per square yard
0.05
(2) Base course permit fee
50.00
Plus, per square yard
0.05
(3) Surface permit fee
50.00
Plus, per square yard
0.05
After-hours inspections. Additional fee for inspections
made on Saturdays, Sundays, holidays or hours other than
normal working hours - Add fifty percent to permit fee.
(f) When two or more of the above operations are being done
together, the basic permit fee shall be $100.00
plus
the unit cost of each type of work.
(g) When the cost of the work for which the permit
is
required exceeds $5,000.00, a bond in the amount of the
estimated cost of said work shall be filed with
the
Director prior to the issuance of said permit.
Sec. 20-11. Same - When payable; failure to obtain permit.
Unless otherwise provided for in this Chapter, all permits
and inspection fees shall be payable in advance of excavation or
construction in the rights-of-way and/or streets of the City.
The lack of a permit on the job site shall be a valid reason to
require the stoppage of all work in connection with excavating,
backfilling, or constructing curbs, gutters, sidewalks, valley
gutters, pans and the building of roads or streets.
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Unless otherwise provided for in this division, excavating,
backfilling, or constructing curbs, gutters, sidewalks, valley
gutters, pans and the building of roads or streets without a
valid permit shall result in the tripling of all fees and
inspection costs when the applicant is operating without such
permit. The minimum penalty shall be $150 plus any additional
costs incurred for special testing of the completed work. If the
completed work cannot be adequately tested in the opinion of the
City Engineer, it shall be removed and replaced at the
contractor's sole cost.
Sec. 20-12. Same - Professional engineers.
As an alternative to the permit bonding and inspection fee
schedule in section 20-10, the following procedure is permissive:
(a) That an independent professional engineer_ registered in
the state obtain an inspection permit at a cost of
$20.00, and
(b) That the professional engineer shall provide to the
director of public works for all inspection and tests
necessary to insure that the applicable work to be done
on this project is in accordance with or above the
requirements and specifications of the City.
It will be required that documentary evidence of a
contractual employment of said designated registered professional
engineer shall be submitted to the director of public works at
the time construction plans, profiles and designs are submitted
for approval and prior to the issuance of such inspection permit.
Such evidence shall recite that the registered professional
engineer has complete control and authority regarding testing and
inspection of the work. Immediately upon completion of work, the
registered professional engineer shall file a report with the
director of public works including as-built drawings locating all
cuts by dimensions and house numbers and certified test results
and stating that all work under his supervision meets or exceeds
all City specifications, regulations and written requirements.
Sec. 20-13. Contractor guarantee prerequisite to issuance of
permit; determination of necessity for
repairs.
(a) The contractor, by acceptance of the license, expressly
guarantees all work done by him for a period of one year from and
after the date of final completion and agrees upon demand to
maintain and make all necessary repairs to the same during the
above period without additional charge or cost to the adjacent
property owners or the City. This guarantee shall include all
repairs growing out of:
(1) Imperfections or unsuitability of material or
composition;
(2) Defects in workmanship;
(3) Settling of fills or excavations;
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(4) Weather;
(5) Any unauthorized difference in the work from that shown
on the approved plans; or
(6) Damage to the work prior to completion of construction.
The guarantee shall extend to the whole body of the project,
and the repairs under it may extend to a total reconstruction of
the entire project if, in the judgment of the director of public
works, based upon the plans, specifications and good engineering
practices, such total reconstruction is necessary to repair
defects. Any repairs made shall be further guaranteed for one
additional year from the date of completion and inspection of the
repair.
(b) Thirty days prior to the expiration of the one-year
warranty period the director of public works shall perform a
final inspection of the completed project. The director of
public works shall inform the contractor of any necessary repairs
and, after completion of repairs, shall issue a written notice to
the contractor that completed project is acceptable to the City
for maintenance. No work shall be considered acceptable by the
City until all necessary repairs are complete and the director of
public works has issued a letter of final acceptance.
(c) The determination of the necessity for repairs rests
with the director of public works. When the director of public
works has determined that repair or reconstruction of any project
or part thereof is necessary, based on any of the acts or
omissions enumberated hereinabove within the guarantee period,
the action shall be as follows:
(1) The director of public works shall by certified mail,
return receipt requested, give notice to the contractor
of the necessary requirements to bring said
construction into conformance with the plans and
specifications.
(2) Should the contractor dispute the necessity of repairs,
he may request a hearing. This request shall be in
writing to the director of public works within seven
days after the sending of the notice for repairs.
(3) Should the contractor fail to object in writing within
seven days from the date of notice, or should the
contractor fail to begin the necessary repairs or
reconstruction within said time, the City may make said
repairs or contract for said repairs to be done and
charge the cost of the same to the contractor. The
time to make the necessary repairs may be reduced by
the director of public works when found to be in the
interest of public safety. The time may also be
extended due to the complexity of the project or
weather considerations. The contractor shall have
thirty days after formal notification of the cost of
the repairs to make full payment to the City. if
payment is not received within the thirty-day period,
the City may institute an action upon the bond of the
contractor or may cause to be instituted a proceeding
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for the imposition of a lien upon the property of the
contractor of the abutting owners.
(4) If a hearing is requested by the licensee, the director
of public works shall set a time, place and date, and
so notify the licensee. Said hearing date shall be not
more than forty-five days from the date of receipt of
the request for a rehearing. The licensee shall be
afforded a minimum period of seven days between service
or mailing of the order and the hearing.
(5) When a hearing is conducted, the licensee and other
interested parties may be in attendance. Upon
completion of the hearing, the director of public works
shall take all evidence admitted under advisement and
shall, within ten days, transmit the findings and
rulings to the licensee. The findings and rulings
shall be rendered in writing by certified mail to
personal service and, if appropriate, shall contain the
date upon which the repair of reconstruction shall
commence.
(6) All mailing shall be to the last known address of the
contractor as shown on the license. The contractor
shall be considered notified if the mailing is returned
by the United States Postal Service with the notation
that such mailing is either unclaimed or undeliverable
and the order was addressed to that address indicated
on the license application.
(d) The decision rendered by the director of public works
may be appealed within thirty days by the contractor to the
Building Code Advisory Board in accordance with the rules and
procedures established by that body. Such body shall determine,
after the taking of testimony of both parties, whether or not the
defect arose out of one of the hereinabove six reasons specified
in subsection (c), and, if such is found to be the case, the
director's initial order shall stand.
(e) In the event of a hearing, the director of public works
may appoint a qualified member of the public works department to
sit in his place as the hearing official. The final decision
shall be rendered by the director of public works.
Sec. 20-14. Subcontracts.
When work is performed by an independent contractor for any
water and/or sanitation district or utility company, said
district or utility company shall provide the permit(s) for all
work done in the streets, roads and/or rights-of-way of the City
and shall be responsible to the City in all manners as prescribed
above. The subcontractor shall be identified on the request for
the permit and shall be currently licensed with the City for the
type of work to be done. Should the utility company or district
prefer to have the contractor obtain the permit the utility
company or district shall acknowledge the permit request is for
their work and the contractor is under contract to do the work.
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Sec. 20-15. Emergency work.
Nothing in this article shall be interpreted to prevent
utilities or districts from doing emergency work on its
facilities prior to obtaining permit. However, a permit must be
obtained on the following business day after the emergency
occurs.
Sec. 20-16. Liability for injuries and damage due to
excavation.
To the extent authorized and permitted by law, the utility
or district shall be responsible for liability for injury to
persons or damage to property resulting from installation of its
underground structures, or from the repair or failure to repair
street surfaces as herein provided. If the utility company or
district is conducting the work with their own forces, they shall
submit proof of insurance and bond as required in Sec. 5-70.
Sec. 20-17. Violation.
Any violations of any of the provisions of this article
shall constitute a misdemeanor and shall, upon conviction, result
in a fine not to exceed Nine Hundred Ninety-Nine Dollars
($999.00). In addition, the right to compel compliance with the
provisions of this article, or to remedy violations of this
article, by injunctive relief is hereby granted to the City. In
the event any injunctive relief is granted to the City as a
result of such an action, the City shall recover its court costs,
attorneys fees, and employee costs incurred in such enforcement
action. Notwithstanding the previous provisions of this section
20-17, the provisions of section 20-11 hereof may, in the
discretion of the City, be enforced pursuant to the terms thereof
or pursuant to the provisions of this section 20-17, but not by
both.
ARTICLE II. NUMBERING AND NAMING
Sec. 20-18. Numbers - required.
It is the duty of the owner or occupant of every habitable
building in the City to number such building in accordance with
the provisions of this article and with the numbers assigned by
the mayor of the City or his designated representative. The
mayor or his designated representative shall assign to every
habitable building its proper number. The expense of such
numbering shall be paid for by the owner or occupant of the
building.
Sec. 20-19. Same - Systems.
In numbering the buildings upon the streets of the City, all
even numbers shall be on the south and/or east sides of each
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street, or avenue, and all odd numbers shall be on the north
and/or west sides of each street or avenue.
Sec. 20-20. Same - Placement.
It is the duty of the owner or occupant of any building to
place assigned numerals in a conspiciuous position at the front
of each building, and upon written notice from the mayor of the
city or his designated representative, such numerals shall be so
placed within thirty days after service of such written notice.
Such notice may be served by the rules of civil procedure or may
be made by registered or certified mail, return receipt
requested, and service shall be deemed complete upon delivery.
Sec. 20-21. Same - Material.
All numbers shall be of some metallic, glass, porcelain or
other durable material, or gilt lettering on the inside of a
glass door, and shall be distinctly legible.
Sec. 20-22. Same - Unauthorized.
It shall be unlawful for any owner or occupant of any
building to use or permit to be used upon any building any number
other than the number assigned by the mayor of the City or his
designated representative.
Sec. 20-23. Naming.
The City has the power to name or rename any of the streets
or public highways of the City and shall have the power to divide
or subdivide any of the streets, public highways or public lands
into streets, roadways, gutters, sidewalks, and parks.
Sec. 20-24. Violation.
Any person who violates any provision of this article shall
be deemed guilty of a misdemeanor_ and shall, upon conviction be
subject to a fine not to exceed Nine Hundred Ninety-Nine Dollars
($999.00). In addition, the right to enforce violations of this
article by injunctive relief is hereby granted to the City as a
result of such an action, the City shall recover its court costs,
attorneys fees, and the employee costs incurred in such
enforcement action.
ARTICLE III - PERMITS FOR USE OF RIGHT-OF-WAY
Sec. 20-25. Generally.
(a) Permits for temporary use of public right-of-way by
abutting property owners may be issued when such use is
beneficial to both the applicant and the City. Such
permits shall be issued only upon a finding by the
Director of Public Works that: (1) the desired results
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cannot be achieved without the use of the right-of-way
and (2) when the desired results can be achieved with
no impediment or impairment to public use of the
right-of-way; and (3) when the desired results can be
achieved with no danger to the public being created
thereby. The director of public works or his designee
shall have sole authority in determining whether the
conditions previously stated in this subpart (a) have
been met.
(b) Any structures or other intrusions currently existing
in public rights-of-way shall be removed within six
months of the effective date of this provision, unless
a permit of the type described herein is issued or is
being processed by said date. No structure,
improvement or other intrusion shall hereafter be
placed or constructed in the right-of-way without a
permit as herein described having been issued.
Sec. 20-26. Term of Right-of-Way Use Permits.
The term of the permit shall be no longer than 3 years from
the date of issuance. The City Engineer shall determine the
appropriate term and issue the permit accordingly. Issuance of
any permit shall not preclude the City from terminating said
permit at any time, without liability to the City, pursuant to
the provisions of Section 20-28 hereof.
Sec. 20-27. Renewal.
Permits may be renewed if the original conditions to the
issuance are still in existence and the City's interest continues
to be served.
Sec. 20-28. Termination.
Any permit issued under this article may be terminated upon
90 days notice from the City Engineer. The City shall not be
liable for any costs incurred by the permittee resultinq from
such termination.
Sec. 20-29. Utilities.
No provision of this Article III shall be construed as to
pertain to the legitimate use of the right-of-way by a utility
company or special district. Such legitimate use shall be
considered only as those uses which do not pre-empt the City's
ability to utilize the right-of-way in the City's interest. Such
uses include, but are not limited to the following:
Water mains, laterals, and services; sewer mains,
laterals and services; electric, gas, communications
and telecommunications distribution networks (both
aerial and underground); and public transit shelters,
benches, and appurtenances.
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Sec. 20-30. Violation.
Any person who violates any provision of this Article II
shall be deemed guilty of a misdemeanor_ and shall, upon
conviction, be subjected to a fine not to exceed Nine Hundred
Ninety-Nine Dollars ($999.00). In addition, the right to enforce
violations of this Article III by injunctive relief is hereby
granted to the City. In the event injunctive relief is granted
to the City as a result of such an action, the City shall recover
its court costs, attorneys fees, and employee costs incurred in
such enforcement action.
Section 2. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 22nd day of September , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for November 24 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to o this 24th day of November
1986.
SIGNED by the Mayor on this 25th day of November ,
1986.
Frank Stites, Mayor
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ATTEST:
. ,I
Wanda Sang, City erk
v
lst Publication: 10/2/86
2nd Publication: 12/4/86
Wheat Ridge Sentinel:
Effective Date: 12/5/86
APPROVED AS TO FORM BY
OFFICE Q~ CITY~'AIPTORNE
JohnA. Hayes
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