HomeMy WebLinkAboutORDINANCE 12-80ORDINANCE NO.12 -80
AN ORDINANCE AMENDING TITLE 12 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES
PARK,COLORADO,THE SAME PERTAINING TO
ENCROACHMENTS IN ANY SIDEWALK.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1.That Title 12 of the Municipal Code of the Town
of Estes Park,Colorado,is amended by adding thereto a new chapter
12.24 as follows:
12.24.010 Encroachments Prohibited.It is unlawful for any
person other than an officer or employee of the Town in the course
of his employment,to encroach in any sidewalk without first obtaining
a written permit therefor.
12.24.020 Encroachments Permitted.The following encroachments
shall be allowed by permit in any sidewalk within the Town.
a.Planter boxes.A planter box is a structure specifically
designedand constructed to contain vegetation.Such structure shall
be firmly attached to a building and constructed of unpainted redwood
or western red cedar or equivalent.A planter box shall not extend
more than eight inches (8”)from the building to which it is attached.
12.24.030 Application for a Permit.Any person desiring to
encroach in a portion of a sidewalk within the Town shall make written
application to the Building Inspector.The application shall contain
the following information:
1.The applicant’s name,address and telephone number.
2.The street,alley,or sidewalk affected and the amount
thereof.
3.The address of the building upon which the encroachment
is to be attached.
4.The names and addresses of the owners of the property upon
which the encroachment is located or attached.
5.A design of the proposed encroachment showing the dimensions
and location of the encroachment.
The applicant and owner shall agree in making the application
to be bound by all the provisions of this chapter,and any rules and
regulations of the Town of Estes Park pertaining to encroachments.
A fee of $1.00 shall be charged for each application under this section.
•0 )
A permit issued under the provisions of this chapter shall be
for a calendar year beginning on January 1,for the year in which
the permit is issued.Said permit shall be renewed on January 1
of each calendar year on payment of a renewal fee of si.oo
prior to January 1,and provided that,the encroachment is not in
violation of any provisions of this chapter or any rules and regu
lations of the Town of Estes Park concerning said encroachment.
12.24.040 Maintenance.In the case of any encroachment for
a planterbox as defined in this chapter,said planterbox shall be
maintained so that between May 15 and October 15 of each year said
box contains vegetation.
12.24.050 Notice to remove encroachment.Whenever any
encroachment is made or located contrary to the terms of the per
mit therefor or without a permit or at such time as the permit is
revoked as provided in this chapter,or in violation of any other
term or condition of this chapter,the Building Inspector or his
authorized agent shall give notice to the person who made the
application,or who owns or controls the premises with which such
encroachment in connected,to remove such encroachment.The same
shall be removed within ten days after notice.The notice shall
conform to the requirements of this section if said notice is
mailed by certified mail,return receipt requested,to the address
shown upon the appropriate application,or if there is no appli
cation,to the address of the structure or premises upon which the
encroachment is located.
12.24.060 Non Compliance with Notice.In case any notice
given under section 12.24.050 shall not be complied with,the
Building Inspector or his authorized agent is hereby authorized
and empowered to cause the removal of the encroachment.Upon
completion of such removal,the Building Inspector shall certify
to the Town Treasurer the cost of said removal and the Town
Treasurer,shall by certified mail addressed to the owner of the
premises with which the encroachment is connected,give notice of
such removal and the costs incurred for such work,together with a
statement that the costs of work will be assessed against the
owner’s lot,tract or parcel of land if such cost is not paid to
the Town within ten days after the mailing of such notice.
If such person fails to make payment within the aforesaid ten
days,the Town shall make assessment by ordinance against the lot,
tract or parcel of land in connection with which the encroachment
is made and such assessment shall be certified to the Treasurer of
Larimer County for the purpose of having the same placed upon the
tax rolls and collected in the same manner as general taxes are
collected.
Section 2.The Board of Trustees of the Town of Estes Park,
Colorado,herewith finds,determines and designates that this
Ordinance is necessary for the immediate preservation of the pub
lic peace,health and safety,in order to provide for the regula
tion of encroachments in any street,alley,or sidewalk,and
whereas,in the opinion of the Board of Trustees,an emergency
exists,this Ordinance shall take effect and be in force
o.
immediately after its passage,adoption and signature of the
Mayor.
//7’/
“Mayor
Town of Estes Park,Colorado
I HEREBY CERTIFY THAT THE ABOVE ORDINANCE WAS INTRODUCED AND
READ AT A REGULAR MEETING OF THE BOARD OF TRUSTEES ON THE 13th
DAY OF May ,1980,AND PUBLISHED IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE TOWN OF ESTES PARK,COLORADO,ON TIlE
16th DAY OF May ,1980,ALL AS REQUIRED BY THE
STATUTES OF THE STATE OF COLORADO.
1.i
Town Clerk