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HomeMy WebLinkAbout1979 Ordinance No. 052• • • • ORDINANCE NO. ef ~ SERIES OF 197 9 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SECTION 61, CHAPTER 2, TITLE ·xII, OF THE 1969 E GLEWOOD MUNICIPAL CODE BY DELEGATING AUTHORITY TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AND DIRECTOR OF PUBLIC WORKS TO GRANT ENCROACH- ME T PERMITS FOR FENCES, RETAINING WALLS, AWNINGS, CANOPIES, AND MARQUEES AND DECLARING AN EMERGENCY. WHEREAS, there are numerous requests for fence, retaining wall, awning, and marquee encroachments into public right-of-way; and WHEREAS, that to expedite issuance of routine encroachment requests and continue to protect public property, it is necessary to delegate authority to grant certain encroachments to the Director of Community Development and Director of Public Works. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Subsection (c) of Section 61, Chapter 2, Title XII, of the 1969 E.M.C. is amended to read: 12-2-61: (c) An encroachment into the public right-of-way for the follow- ing structures may be granted, provided the following terms and conditions are satisfied: 1. Encroachments for fences and retaining walls may be granted upon complaince with the following requirements: a. Fences and retaining walls shall be installed no less than twelve (12) inches behind sidewalks; b. Fences and retaining walls shall be in compliance with all other applicable ordinances and codes. c. Fences and retaining walls shall be adjacent to a street which has been in a paving district or which is not designated in the master street plan as one which is proposed to be widened or improved. 2. Encroachments for cantilevered awnings, canopies, and marquees may be granted upon compl i ance with the following requirements : a. Cantilevered awnings, canopies and marquees shall not project within five (5) feet of back of curb; b. Cantilevered awnings, canopies and marquees shall not • • • h a ve l e ss t h a n eight-(8) foot clearance from the lowe s t pa r t of the awning, canopy or marquee to .the sidewalk ; c. Canti l e vered awni ngs, canopies and marquees shall be in c o mp l i ance w ith all other applicable ordinances and c o de s . 3. No encroachment under 12-2-6 l (c) shall be effective until an Encroachment Permit and Indemnity Agreement have been signed by the p r operty o wner requesting the encroachment and recorded in the off ice of the C l erk and Recorder of Arapahoe County. Said Encroachment P e rm i t and Indemnity Agreement shall be prepared by the Di r e ctor of Community Development and, if meeting all requireme n ts , approved by him, and the Director of Public Works , if me e ting all requirements, shall approve the Encroachment Pe rmit and Indemnity Agreement; the Encroachment Permit and Indemni t y Agreement shall contain the legal description of the p rope r t y owned abutting the public right-of-way to be encroached , the purpose of the encroach- ment, that the Encroachment Permi t and Indemnity Agreement is a revocable license, re v oc abl e by City Council, at will, and that property owner, or thei r h e irs and assigns, shall remove said structure within thirty (30) days after notice o revocation, tha the property owner is estopped to deny the right of the City to revoke the Encroachment Agreement, and that the property owner a grees to reimburse and indemnify the City for all expenses o f revoking the agreement or remov- ing the encroachment . The property owner requesting the encroachment shall pay all re asonable e xpenses of preparing and recording the Encroachment Permit and Indemnity Agreement. Section 2. The Englewood Munici p a l Code 1969 is amended to add a new Subsection (d) to Section 61 , Chapter 2, Article XII, as follows: 12-2-61 (d) All requests for encroachme n t s into public right-of-way not herein identified shall be mad e to the City Council. Section 3. The City Council find s an d determines that an emergency exists and that this ordinance sha l l be c ome effective upon publica- tion following final passage. Introduced , read in full and passed on first reading on the 3rd day of December , 1 97 9 . Publi shed as a Bill for an Ord i nanc e on the 5th day of December, 1979 . Read by title and pa s sed on final reading on the 18th day of December, 1979 . -2- • P~lished by title as Ordinance No.6""c::j' , Series of 1979, • on the /CLt"~ day of December, 1979. Attest: I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.-5''3 , Series of 1979.