HomeMy WebLinkAboutOrd 16341
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ORDINANCE NO. 1634
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 12.10 TO
PROVIDE FOR INVESTIGATION FEES AND ADMINISTRATIVE PENALTIES
FOR ENCROACHMENTS PLACED IN THE PUBLIC RIGHT-OF-WAY WITHOUT
AN ENCROACHMENT PERMIT
The CITY COiJNCIL of the CITY OF BT_TRLINGAME does
hereby ordain as follows:
Section 1. Citizens are increasingly placing encroachments in the public right -of --way
without benefit of an encroachment permit. These illegal placements create conditions that
endanger other users of the right-of-way and impose unnecessary expenses and costs on the City
in attempting to enforce simple permit requirements. In addition, citizens who make these
encroachments then expect the City to approve the encroachments regardless of their impact or
merit because they already exist. This ordinance is intended to recover some of the costs
incurred in correcting illegal encroachments and to impose penalties on those who ignore the
permit requirements.
Section 2. Anew section 12.10.070 is added to the Municipal Code as follows:
12.10.070 Investigative Fees and Administrative Penalty.
(a) Whenever construction, work, or placement for which a permit is required by this
chapter has been commenced without first obtaining a permit, any application for approval of the
construction, work, or placement shall be accompanied by:
(1) The permit fees adopted pursuant to section 12. 10.
above; and
(2) An investigation fee in the amount of $100.00; and
(3) An administrative penalty equal to the permit fees calculated pursuant to subsection
(1) above.
(b) Any person assessed an investigation fee and administrative penalty may Ele an
appeal with the city clerk within ten (10) days after writt
en notice to such person of the
assessment. A hearing upon such appeal shall thereafter be held by the city council; its decision
28 �� thereon shall be final. Nothing in this section shall relieve any persons from fully complying with
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the requirements ofthis chapter and any other applicable laws and regulations, or from any other
fees or penalties prescribed by law.
Section 3. This ordinance shall be published as required by law.
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Mayor
I, ANN T. MUSSO, City Clerk ofthe City ofBurlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the
19th day of June , 2000, and adopted thereafter at a regular meeting of the City Council held
on the 5th day of July 2000, by the following vote:
AYES: COUNCILMEMEERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPIN
NOES: COUNCILMEMBERS:
ABSENT: COUNCMMEMBERS:
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Deputy City Clerk
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