Laurel City Zoning Code

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Editor's note— Ord. No. O25-01, adopted July 22, 2025, repealed Chapter 12.32, §§ 12.32.010—12.32.300, which pertained to trees and boulevards and derived from Ord. 05-1 (part), 2005; Ord. No. O11-04, 3-15-2011; Ord. No. O23-05, 12-12-2023.
See Chapter 12.28 for provisions regarding trees and boulevards.

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A.

Sidewalk replacements need not occur by special improvement district when recommended by staff and directed by city council.

B.

Without the formation of a special improvement district, the city council may order sidewalks, curbs or gutters constructed or replaced in front of or adjacent to any lot or parcel of land and may order alley approaches constructed or replaced adjacent to any lot or parcel of land by resolution.

C.

Whenever the city council orders such construction or replacement it shall adopt a resolution that contains the name of the street and address along which the sidewalk, curb, gutter, or alley approach is to be constructed or replaced.

D.

After approving the resolution, the city staff shall provide written notice thereof providing the owner or agent of the owner of such property or the owners or agents of all adjacent owners having access to their properties by the alley approach, as appropriate.

E.

If the owner or agent fails to construct or replace the sidewalk, curb, gutter, or alley approach, as ordered by the city council within thirty days after delivery of the notice, the city may proceed to construct or replace the improvements. The city council shall assess the entire cost, including engineering costs, against the appropriate property.

F.

When any sidewalk, curb or court, gutter or alley approach is constructed by or under direction of the city council, payment for the construction shall be made by special warrants in such form as may be prescribed by ordinance and drawn against a fund to be known as the special sidewalk, curb and gutter fund or the special alley approach fund, as appropriate, and the council may provide for the payment of interest annually. The warrants drawn on the sidewalk, curb, and gutter fund and alley approach fund shall bear interest at a rate of up to six percent a year.

G.

The payment of the assessments to cover the cost of construction or replacement above may be spread over a term of not to exceed twelve years, payment to be made in equal annual installments.

(Ord. 02-36, 2002; prior code § 11.24.010)

(Ord. No. O12-07, 1-15-13)

A.

The city hereby creates a program entitled the residential sidewalk program. The program policy may be obtained from the city planning department. The program's intent is to encourage the replacement of unsafe and aging sidewalks. The residential sidewalk program may only be utilized when sufficient funds allow. The program shall be utilized as follows:

1.

Voluntary Request. A city resident may submit a letter of request to be placed on the annual replacement list.

2.

Complaint. If a complaint is lodged against a property owner, the city shall give written notice to the owner or agent of the owner of such lot or parcel of land and request the sidewalk be repaired or replaced pursuant to Montana Public Works Standards within thirty days. After thirty days, if no improvements have been made, the city may enroll the property in the program or pursue the repair or replacement pursuant to Section 12.04.010.

3.

City Staff Recommendation. Upon recommendation of city staff, property may be placed on the program's annual list.

B.

The city council shall approve the program's sidewalk replacement list by the first Monday of October. Additionally, the city council shall pass a resolution levying an assessment and tax against the appropriate property, lot, or parcel to pay for the construction or replacement of the improvement. The resolution levying the assessment shall be made in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in special improvement districts.

(Ord. No. O12-07, 1-15-13)

A.

Supervision. All maintenance and repairs of public streets, alleys, sidewalks and other public ways shall be under the supervision of the Public Works Director. He/she shall enforce all ordinances and provisions relating to such public places (except traffic ordinances).

B.

Construction. It is unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same, without having first secured a permit therefor. Applications for such permits shall be made to the city clerk-treasurer, and approved by the Public Works Director, and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No such permit shall be issued except where the work will conform to the ordinances of the city.

C.

Engineer Plans.

1.

Each applicant for construction or reconstruction of any public street, alley or other public way, shall file with the public works director engineering plans and specifications prepared by an engineer certified by the state. No permit shall be issued until the engineering plans and specifications are approved by the public works director.

2.

A certified engineer may prepare the engineering plans and specifications for construction or reconstruction of any public street. Engineering plans and specifications preparation costs by the city engineer shall be paid by the applicant. The engineering plans and specifications preparation costs shall be based on the reasonable, customary charges for similar services.

D.

Inspection. All street improvements shall be inspected during the course of construction by an inspector appointed by the public works director, salaries and other costs in connection with such inspections shall be paid by the applicant, and such costs shall be based on the reasonable, customary charges for similar services.

E.

Bond. Each contractor for construction or reconstruction of any public street shall file a bond in the amount equal to the estimated cost of construction of the improvement and indemnify the city for any loss or damage resulting from the work undertaken or the manner of doing the same.

F.

Specifications. All street and sidewalk pavements shall be made in conformity with specifications laid down or approved from time to time by resolution of the city council.

(Ord. 97-2 § 4 (part), 1997; prior code § 11.32.030)

(Ord. No. O12-07, 1-15-13; Ord. No. O20-03, 8-25-2020)

Editor's note— Formerly numbered as § 12.04.020.

"Improvements" as used in this section includes but is not limited to the installation of traffic signs, new curb and gutter construction, narrowing, widening and rebuilding of existing streets.

"Maintenance" as used in this section includes but is not limited to sprinkling, graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal, leaf and debris removal, the operation, maintenance and repair of traffic signal systems, the repair of traffic signs, the replacement and maintenance of pavement markings, curb and gutter repair,and minor sidewalk repair that includes cracking, chipping, sinking, and replacement of not more than 6 feet of sidewalk in any 100 foot portion of sidewalk. Maintenance in the districts may be done by contract or by forces employed by the city or by both, in a manner determined by the city council.

(Ord. 04-2 (part), 2004)

(Ord. No. O20-03, 8-25-2020)

A resolution shall be adopted dividing the whole or any part of the city or town into maintenance districts, to be known and designated by number. The resolution shall plainly define the boundaries of the district or districts and describe the streets, alleys, and public places or any part thereof constituting the district or districts. The adoption of this section has no effect on any existing maintenance districts created previous to this amendment. When defined, maintenance districts may not be changed during the same calendar year but may be changed by resolution in any succeeding year.

(Ord. 04-2 (part), 2004)

(Ord. No. O20-03, 8-25-2020)

A.

The city may prepare and improve streets, avenues, and alleys within the maintenance districts so that the maintenance will be of a durable and continuing benefit. The city council shall provide, pursuant to this ordinance, a written plan that includes the method or methods of doing the work and improvements "district work and improvement plan." For the purposes of this section, "improvements" includes but is not limited to the installation of traffic signs, new curb and gutter construction, and widening of existing streets.

B.

The city is authorized to maintain the work and improvements made under this section.

C.

At least twelve days must elapse between the day on which the proposed district work and improvement plan is introduced and the day on which final action on such plan is taken.

(Ord. No. O20-03, 8-25-2020)

The city clerk must give notice of the introduction of the proposed district work and improvement plan and of the time it will be up for final adoption. The notice must be published as provided in MCA 7-1-4127

(Ord. No. O20-03, 8-25-2020)

No further action shall be taken upon the proposed district for one year if a written protest against passage of the proposed district work and improvement plan is filed by:

A.

Owners of property within the proposed maintenance district having a taxable valuation, when aggregated, representing not less than fifty percent of the total taxable valuation of property within the district;

B.

not less than fifty percent of the owners of property within the district; or

C.

Owners of property within the proposed maintenance district having projected assessments, when aggregated, representing not less than fifty percent of the total projected assessments for property within the district.

(Ord. No. O20-03, 8-25-2020)

The assessments for the costs and expenses of maintaining streets, alleys, and public places shall be made against all of the property embraced within each maintenance district by one of the methods provided in MCA 7-12-4422.

(Ord. No. O20-03, 8-25-2020)

A.

With the consultation and advice of the public works director, the city council shall estimate, as near as practicable, the cost of maintenance in each established district annually, not later than the second Monday in August. The council shall pass and finally adopt a resolution specifying the district assessment option and levying and assessing all the property within the several districts with an amount equal to not less than seventy-five percent of the entire cost of said work.

B.

The resolution levying the assessment to defray the cost of maintenance shall contain or refer to a list in which shall be described the lot or parcel of land assessed, with the name of the owner thereof if known, and the amount levied thereon set opposite.

C.

Such resolution shall be kept on file in the office of the city clerk.

(Ord. 04-2 (part), 2004)

(Ord. No. O20-03, 8-25-2020)

A.

A notice, signed by the city clerk, stating that the resolution levying a special assessment or changing the method of assessment to defray the cost of maintenance in the district or districts is on file in the city clerk's office and subject to inspection, must be published as provided in MCA 7-1-4127.

B.

The notice must state the time and place at which objections to the final adoption of the resolution will be heard by the council and must contain a statement setting out the method of assessment being proposed for adoption or the change in the method of assessment that is being proposed for adoption. The time for the hearing must be at least five days after the final publication of the notice.

(Ord. No. O20-03, 8-25-2020)

A.

At the time so set, the council shall meet and hear all objections which may be made to such assessment or any part thereof and may adjourn from time to time for that purpose and may by resolution modify such assessment in whole or in part.

B.

A copy of the resolution, certified by the city clerk, must be delivered to the financial officer, and the assessments shall be placed upon the tax roll and collected in the same manner as other taxes.

(Ord. No. O20-03, 8-25-2020)

The city is authorized to assess the cost of the work, improvements, and maintenance authorized by 7-12-4405 against the property in maintenance districts in the manner and as provided in 7-12-4421 and 7-12-4422 to meet the payments required to be made each year.

(Ord. No. O20-03, 8-25-2020)

A.

For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.

B.

The city council shall assess the percentage of the cost of maintenance established in MCA 7-12-4425 against the entire district as follows:

1.

Each lot or parcel of land within the district may be assessed for that part of the cost that its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;

2.

Each lot or parcel of land within the district abutting upon a street upon which maintenance is done may be assessed for that part of the cost that its street frontage bears to the street frontage of the entire district;

3.

If the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;

4.

Each lot or parcel of land, including the improvements on the lot or parcel, may be assessed for that part of the cost of the district that its taxable valuation bears to the total taxable valuation of the property of the district;

5.

Each lot or parcel of land within the district may be assessed for that part of the cost that the reasonably estimated vehicle trips generated for a lot or parcel of its size in its zoning classification bear to the reasonably estimated vehicle trips generated for all lots in the district based on their size and zoning classification;

6.

Any other assessment method provided in MCA 7-11-1024 may be used; or

7

Any combination of the assessment options provided in subsections B(1) through B(7) may be used for the district as a whole or for any lot or parcel within the district.

(Ord. No. O20-03, 8-25-2020)

A.

The city is authorized to:

1.

Enter into suitable agreements with the United States of America, the State of Montana, or a building and loan association, savings and loan association, bank, or credit union that is a regulated lender as defined in MCA 31-1-111 for loans of money and for receiving financial assistance to do the work and improvements contemplated by MCA 7-12-4405; and

2.

Provide for the repayment of the loans by yearly payments from funds derived from districts created under this Chapter, apportioned over a period of time not exceeding 20 years.

(Ord. 04-2 (part), 2004)

(Ord. No. O20-03, 8-25-2020)

Rights-of-way, ditches, flumes, pipelines, dams, water rights, reservoirs, equipment, machinery, motor vehicles, and other personal property owned by a nonprofit water company, water users' association, irrigation company, canal company, ditch company, reservoir company, or similar nonprofit water user entity are exempt from every special assessment imposed by any improvement or maintenance district created under this chapter.

(Ord. No. O20-03, 8-25-2020)

The purpose of this chapter is to standardize, regulate and control the location, size, type, construction, maintenance, and quantity of curb cuts, driveway aprons, and sidewalk driveway crossings in the city from the standpoint of proper design, safe and efficient entry to and exit from city streets to private property, safety of vehicular traffic in the streets, and safety of pedestrian traffic on the sidewalk area.

(Prior code § 11.08.010)

For the purpose of this chapter, the following definitions shall apply:

"Alley" means a narrow public thoroughfare, providing access to the rears of the abutting properties.

"Curb cut" means the total street curbing that is removed to place a driveway and slopes.

"Curb return" means the curved portion of a street curb at drive approaches.

"Driveway" means that area on private property where vehicles are operated, parked, or allowed to stand.

"Driveway apron" means the area, construction or improvement between the curb cut or proposed curb line and the back edge of walk or proposed walk line, to provide ingress and egress for vehicles from the alley, street or roadway to a definite area of the private property.

"Driveway width" means that portion of the street curbing that is removed excluding curb returns or transitions to provide ingress to and egress from abutting property.

"Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways which join each other at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.

"Person" means every natural person, firm, copartnership, association or corporation.

"Right-of-way" means public property dedicated for streets, alleys or other public uses.

"Roadway" means that portion of a street improved, designed, and customarily used for vehicular travel, exclusive of the berm or shoulder.

"Sidewalk" means that portion of a street between curb lines or the outer lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

"Street" means the entire width between the boundary lines of the right-of-way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Traffic" means pedestrians, vehicles and other conveyances, either singly or together, while using any street, alley or roadway for purposes of travel.

"Transitions" means the three-foot ramp sections along the street curb on each side of a driveway apron.

(Prior code § 11.08.020)

A.

It is unlawful for any person either as owner, agent, servant, contractor or employee to cut, break, remove or alter any curbing, driveway apron, or sidewalk, or cause to have cut, broken, or removed any curbing, driveway apron or sidewalk, or to install or cause to have installed any driveway, or any vehicular access, on any public right-of-way in the city without a permit. Permits shall be issued to the property owners if the owner is to perform the work to properly licensed bonded contractors by the city building inspector/city engineer after payment of fees as provided for in this section.

B.

At the time the permit application is made, the city building inspector/city engineer shall be advised of any parking meters, traffic or street signs, signal poles, street light poles, fireplugs, trees or obstructions that will be affected by the placement or removal of the driveway or sidewalk.

(Ord. 912, 1987: prior code § 11.08.030)

Before a permit is granted for the removal of the curb and/or the construction of a driveway on any street, the applicant for the driveway permit must produce evidence satisfactory to the city building inspector/city engineer to show that the construction of such driveway is agreeable to and in accordance with the desire of the owners of the property to which such driveway will be entrance.

(Prior code § 11.08.040)

Permit, inspection and service fees shall be charged by the city as established annually by city council resolution after a public hearing.

(Ord. 06-04 (part), 2006: prior code § 11.08.050)

A.

The city building inspector/city engineer shall furnish an inspector to inspect every piece of curb, driveway and driveway apron to be constructed, whose duties shall be to check the forms for alignment, grade and materials and to see that the work is done in accordance with the specifications of the city at the time of the issuance of the permit.

B.

The city building inspector/city engineer shall be notified at least twenty-four hours in advance of the time when the work is proposed to be started.

(Prior code § 11.08.060)

A.

In single-family residential zoned districts, the maximum driveway width shall be thirty feet and shall be located in accordance with city specifications or drawings.

B.

In any multifamily and professional zoned districts, the maximum driveway width shall not exceed thirty feet and shall be located in accordance with city specifications or drawings. The minimum distance between curb cuts shall be twenty-five feet.

C.

In any commercial and industrial zoned districts, the maximum driveway width shall be thirty feet except driveway widths for service stations and trucking businesses may be up to forty feet when approved by the city building inspector/city engineer, and shall be located in accordance with city specifications and drawings. The minimum distance between curb cuts shall be twenty-five feet.

D.

In any allowable location, no driveway width shall be less than twelve feet wide.

E.

Frontages of sixty feet or less shall be limited to one driveway. Not more than two driveways shall be provided to any single property tract or business establishment, except when approved by the city building inspector/city engineer.

(Ord. 06-12 (part), 2006; Ord. 06-06 (part), 2006; prior code § 11.08.070)

(Ord. No. O10-04, 12-7-2010)

Every curb cut and driveway apron constructed or altered in the street right-of-way shall conform to the following regulations:

A.

No driveway apron shall be constructed closer than five feet from the side property line or as may be regulated by city specifications in effect at the time of such work.

B.

No driveway apron shall be closer than five feet to, nor shall it be so located as to interfere with, intersecting sidewalks, utility facilities, light standards, fire hydrants, catch basins, street signs, signals, or other public improvements or installations.

C.

Any necessary adjustments to such utility facilities, light standards, fire hydrants, catch basins, street signs, signals, underground conduits for street lighting or fire alarm systems, or other public improvements or installations shall be accomplished without cost to the city.

D.

No curb cut shall be made between the points of curvature of any curb radius at intersections nor closer than ten feet from the points of curvature.

E.

No curb cut or driveway apron shall be located so as to create a hazard to pedestrians or motorists, or to invite or compel illegal or unsafe traffic movements.

F.

Every curb cut and/or driveway apron must provide complete access to a parking space, building or loading dock on private property requiring the entrance of vehicles.

G.

In any commercial, professional, and industrial zone, driveways shall be designed such that vehicles entering or egressing shall not be required to back from or into a street right-of-way.

H.

All curb cuts and driveway aprons are to be constructed of portland cement concrete of a quality and type as specified by the city building inspector/city engineer, and in accordance with city specifications in effect at the time of such work. Curb cuts shall be permitted only with construction of adjoining portland cement concrete aprons having a minimum depth of five inches.

I.

All work shall be done under the supervision of the city building inspector/city engineer, and in accordance with city specifications in effect at the time of such work.

J.

The licensed and bonded contractor or his agent doing the construction or alteration work shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks and shall hold the city free from any damages incurred by his operations.

K.

The angle between any driveway apron and the street and/or curb line shall be ninety degrees to the street tangent or on a radial line to the street curve.

L.

The two side borders of each driveway apron between the curb line and property line shall be parallel.

M.

City street right-of-way shall not be used for private commercial purposes. A permit for the construction of a curb cut driveway shall not be issued unless vehicles which will use the driveway can be parked entirely within the private property lines.

N.

Any curb cut or driveway apron which has become abandoned or unused through a change of the conditions for which it was originally intended shall be closed and the owner shall replace any such curb cut and/or driveway apron with a standard curb and sidewalk (if necessary) to be constructed according to the city specifications in effect at the time of such work. In the event the owner does not make such replacement within sixty days after notice, the city may do so at the expense of the owner.

O.

Driveways serving facilities that will generate five hundred or more vehicle trips per day may, after review and recommendation of the city building inspector/city engineer and the city/county planning board, be classified and constructed as a street intersection. A complete design of the intersection shall be submitted to the city building inspector/city engineer before a permit is issued. Approval of this type entrance may be contingent upon the applicant installing traffic control devices at his sole expense. This type of entrance shall be included in calculating number, spacing, or any other requirement pertaining to driveways as specified herein.

(Prior code § 11.08.080)

In addition to the general regulations prescribed herein, curb cuts and driveway aprons to be constructed or altered in districts must conform to the following:

A.

Where a property abuts more than one city street, the maximum curb cut permitted on each street shall be considered separately and shall be governed by the frontage of the property on that street.

B.

Two or more curb cuts serving the same property must be separated by islands with full height curb not less than twenty-five feet long.

C.

Where a property width is sixty feet or less, joint curb cut with an adjoining property of sixty feet or less may be constructed at a maximum width of twenty-eight feet. Both property owners must be in agreement to a joint curb cut and must submit a written agreement to the city building inspector/city engineer. The city building inspector/city engineer shall have discretion to waive the maximum width restriction in a proper case, after application has been submitted, when in his opinion the purpose and intent of this section will be maintained.

(Prior code § 11.08.090)

A.

Any permit issued under the authority of this chapter may be revoked for failure of the permittee to perform the work in accordance with the specifications, methods, or time limit required or approved by the city.

B.

Any permittee whose permit is revoked may, upon request, receive a hearing before the council. The council, after such hearing, may reinstate the permit or take any other action it deems proper.

(Prior code § 11.08.100)

Permission to deviate from the requirements and regulations of this chapter shall be granted by the city council only where unusual conditions or strict adherence to this chapter would cause undue and extreme hardship.

(Prior code § 11.08.110)

"Excavation," when used in this chapter, means and includes any ditch, trench, cut, hole or change of grade.

"Street," when used in this chapter, means the entire width of a highway between the boundary lines of other public or private properties on the sides.

(Prior code § 11.04.010)

Payment of inspection fees and posting of bonds is required of any person, party, corporation, business, or utility desiring to perform construction or maintenance work in roads, streets, alleys, or thoroughfares in the city before such work may be started (i.e., street utility cuts for buried cable, electrical, telephone, cable television and gas lines); however, the city engineer may waive the bonding requirements for public utility companies such as Montana Dakota Utilities, Montana Power Company or Mountain Bell in appropriate cases.

(Ord. 909, 1987: prior code § 11.04.015)

A.

No person shall open up, dig into, excavate or tunnel in any of the streets, avenues, public places or alleys of the city, whether to connect with any of the mains or pipes, to connect with any sewer, or for any other purpose, without having first:

1.

Obtained a permit from the city council;

2.

Made a cash payment with the city clerk-treasurer; and

3.

Filed with the city clerk-treasurer a good and sufficient surety bond.

B.

The council shall make rules and regulations as to the amount and conditions under which such payment shall be made. The council may, in its discretion, waive the filing of bond.

(Ord. 97-2 § 4 (part), 1997; prior code § 11.04.020)

A.

The city may at its option, upon request, agree to restore any trench or excavation with asphalt paving material after a proper permit has been obtained for the same.

B.

The city will assess a fee for restoration whenever it agrees to do the work. The council may from time to time establish a minimum fee to be paid in advance for such restoration, based upon costs for equipment, wages and materials.

C.

If the actual cost to restore the street asphalt exceeds the minimum amount deposited, then the excess will be billed to the person who obtained the permit at a rate to be set from time to time by resolution of the council.

D.

The city engineer shall maintain a list of repairs and restorations that the city has agreed to make.

(Prior code § 11.04.025)

The bond required by Section 12.12.020 shall be in the sum of two thousand dollars and shall be executed by a surety company authorized to do business in the state, conditioned to save the city harmless from any damage or injury whatsoever to any person or property of any description, however owned, by reason of leaving open any excavation or tunnel or by reason of failure to properly guard any such excavation or tunnel or failure to place red lights at such excavation or tunnel at night. Any person may furnish a yearly bond conditioned as set forth in this section.

(Ord. 02-37, 2002: prior code § 11.04.030)

Excavations in streets and alleys shall be made in such manner as to impede travel as little as possible. At no time during the progress of the work shall sidewalks be unnecessarily blocked to travel.

(Prior code § 11.04.040)

The time any street or alley excavation is open may be limited by the engineer or another responsible official of the city.

(Prior code § 11.04.050)

A.

After the completion of the laying of any pipe, line or conduit, or the installation or repair of any facility for which the excavation was undertaken, the excavator shall cause the work to be backfilled in such a manner as to make the street in as good a condition as before the excavation.

B.

Any person making any excavation in any street or alley, as set forth in this chapter, shall be fully responsible for the maintenance of the excavation for a period of six months after the backfill thereof. If any settlement occurs in the area that was formerly excavated, the excavator or person causing the excavation shall immediately upon notice fill in the settling and put the street, alley, or avenue in as good condition as possible for use by the public.

(Prior code § 11.04.060)

A.

Any permit issued under authority of this chapter may be revoked for failure of the permittee to perform the work in accordance with the specifications, methods or time limit required or approved by the city.

B.

Any permittee whose permit is revoked may, upon request, receive a hearing before the city council or person designated by the council. The council, after such hearing, may reinstate the permit or take any other action it deems proper.

(Prior code § 11.04.070)

Any person violating a provision of this chapter shall, upon conviction thereof, be fined not more than five hundred dollars.

(Prior code § 11.04.080)

No person shall encumber or obstruct, or cause to be encumbered or obstructed, any street, sidewalk, alley or other public place in the city by placing therein or thereon any building materials, trash, vehicle, earth, garbage, rubbish, debris, or accumulated snow and ice removed from an adjoining private premises, without first having obtained permission in writing from the city clerk-treasurer, or other responsible city official.

(Ord. 97-2 § 4 (part), 1997; prior code § 11.12.010)

The city engineer or chief of police is authorized to order any article or thing, of the kind mentioned in Section 12.16.010, which encumbers, litters or obstructs any street, sidewalk, alley or other public place within the city, to be removed. If such removal shall not be made within six hours after notice to the owner or person in charge thereof, or if the owner cannot be readily found for the purpose of the notice, the city shall cause the same to be removed to some suitable place to be designated by such official, at the expense of the person responsible therefor.

(Prior code § 11.12.020)

No person shall place or maintain any shafts of wood, iron or other material, billboards, signs, fences, poles, rods, cables, or wires in any of the streets, public places or alleys of the city without having first obtained a permit from the city council.

(Prior code § 11.12.030)

No encroachment on any public right-of-way, public sidewalk or other public property shall be allowed except by authority of an encroachment permit issued by the city council. Applications for an encroachment permit shall be made on the forms and in accordance with the procedure prescribed by the city engineer. A fee for the permit application shall be charged to cover the administrative costs of processing as prescribed by council resolution. If the issuance of the permit is approved, the city council shall issue the permit. If the permit is denied, the applicant shall be provided with a statement of the reasons therefor, which reasons shall be entered in writing on the application.

(Ord. 990, 1991: prior code § 11.12.040)

A.

Any building, fence, porch, steps, gallery, or other structural obstruction now upon or hereafter placed or erected upon any street or alley within the city, or which may be upon any new street or alley which may hereafter be opened or created within the city, shall be removed therefrom within a reasonable time, not exceeding thirty days and not less than three days after an order to remove, in writing, has been given to the owner or person responsible for the obstruction.

B.

If the owner or person responsible for such obstruction cannot be readily found for the purpose of the notice, it shall be the duty of the municipal engineer or chief of police to cause the obstruction to be removed, in his discretion. The expense of the removal shall be recoverable from the owner or person responsible for the obstruction.

C.

Any person who interferes with, resists or obstructs shall be deemed guilty of a violation of this chapter.

(Prior code § 11.12.050)

Notice to remove obstructions described in Sections 12.16.030 and 12.16.050, specifying same, and the place and extent of same, shall be given to the occupant or owner of the land involved, or to the person owning or causing such obstruction. Notice shall be given by leaving it at the place of residence of the person to be served, if he resides in the city, or by posting it on the obstruction, if such person does not reside in the city.

(Prior code § 11.12.060)

A.

If the obstruction required to be removed by the notice of Section 12.16.060 is denied, and the owner, occupant or person controlling the matter or thing charged with being an obstruction, refuses either to remove or permit the removal thereof, the city shall commence in the proper court an action to abate the same as a nuisance, and if the city recovers judgment, it may, in addition to having the same abated, recover one hundred dollars for every day such nuisance remained after the notice, and also costs in the action.

B.

The city council may, at any time, order the chief of police to forthwith remove any such obstruction without commencing an action.

(Ord. 02-38, 2002; prior code § 11.12.070)

A.

No person shall throw or deposit upon any street, any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle upon such street.

B.

Any person who drops, or permits to be dropped or thrown upon any street, any destructive or injurious material shall immediately remove the same or cause it to be removed.

C.

Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.

D.

A person convicted of violating this section shall be fined not less than fifty dollars.

(Prior code § 11.12.080)

It is unlawful for the owner, operator, tenant or other person in charge or control of any private property to blade, dump, or shovel, or to allow the blading, dumping, or shoveling of snow from the property into any public street, alley or right-of-way.

(Ord. 829, 1986: prior code § 11.13.010)

A.

Every person maintaining or owning a bow window, shop window, balcony, portico, stairway, porch, box, step, door, building, wall coal hole, areaway, gasoline pump, gasoline tank, sprinklers, decorative lighting, or any other structure, encumbrance, obstruction or encroachment, in or upon or extending or projecting on, over, across or above and within seven feet of the grade of any public property, public street, avenue, sidewalk or alley in the city, shall obtain an encroachment permit as set forth in Section 12.16.040, and shall pay to the city an annual encroachment rental fee therefor, on or before the thirtieth day of November of each year.

B.

The amount of the annual encroachment rental fee to be paid to the city for each structure, encumbrance, obstruction or encroachment, shall be prescribed by council resolution. If a fee is based on surface area, the surface area shall be determined by projecting the encroachment vertically up or down onto the surface of the public right-of-way or public property.

C.

The city council may, annually, by resolution, make a special assessment for the annual rental required by subsection A of this section, upon the lot or lots, abutting on that part of the street, avenue or alley, and on that side of the street, avenue or alley on which a structure, encumbrance, obstruction or encroachment as described in subsection A of this section is situated, when the person who maintains or owns such structure, encumbrance, obstruction or encroachment is the owner of such abutting lot or lots. In all other cases, such rental shall be collected by other lawful means and by suit, if necessary.

D.

In case of neglect, failure or refusal of any person to pay the annual rental required by subsection A of this section, the city council shall cause the structure, encumbrance, obstruction, or encroachment on which such person has failed, neglected or refused to pay such rental, to be removed from the street, sidewalk, avenue or alley in, upon, over, across or above which the same is situated, without notice.

E.

The erecting or maintaining of poles by telephone, telegraph or electric light companies, for which permits have been granted by the city, are excepted from the provisions of this section. There is also excepted from the provisions of this section the maintenance of light poles and bus benches placed by the authority of the city.

(Ord. 991, 1991: prior code § 11.12.090)

The council may permit any person, upon application, the right to exhibit merchandise or goods, or to temporarily install booths upon sidewalks, however, such permits or licenses shall be temporary in nature and upon special permit granted by the council under controlled conditions.

(Prior code § 5.40.010)

Any person violating a provision of this chapter shall, upon conviction thereof, be fined not more than five hundred dollars.

(Prior code § 11.12.100)

A.

Purpose. The city recognizes community events may provide cultural enrichment, promote economic vitality, enhance community identity, and create funding opportunities for service organizations. The purpose of this chapter is to establish a coordinated process for managing community events held on city property to protect the health and safety of event patrons, residents, workers, and other visitors, and to regulate competing uses of city property. This chapter is further intended to create mechanisms for cost recovery that allow the city to recoup some of the costs associated with community events but which do not unduly impact the viability of events.

B.

Definitions. The following definitions apply to this chapter:

1.

"Event" means and includes, but is not limited to: parade, gathering, protest, walk, run, demonstration, athletic event, speech, exhibition, or motorcade. This definition also specifically includes any event that involves assembling or traveling in unison on any public street, highway, alley, sidewalk or other public way owned, controlled, or maintained by the city and which either: 1) will impede, obstruct, impair, or interfere with the free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the city; or 2) will not comply with normal or usual traffic regulations or controls. This definition is not all-inclusive, and the term "event" may be what a "reasonable person" under the circumstances would believe it means.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

A.

It is unlawful for any person to conduct any event in or upon any public street, highway, sidewalk, alley, or other public way owned, controlled, or maintained by or within the city, or knowingly participate in any such event, unless and until a special event permit to conduct such event has been obtained from the city.

B.

It is unlawful for any person to conduct any event in or upon property owned, controlled, or maintained by the city, or knowingly participate in any such event, unless and until a special event permit to conduct such event has been obtained from the city if:

1.

The event involves more than fifty people;

2.

The event involves the consumption of alcoholic beverages;

3.

The event involves the physical alteration to city property;

4.

The event involves vending/solicitation; or

5.

If fees are to be collected by the permittee for the event.

C.

The following activities are exempt from the special event permit requirement: funeral processions, lawful picketing on sidewalks when the number of participants does not substantially impede, obstruct, impair, or interfere with the free use of the sidewalk or the conduct of business, and activities conducted by a governmental agency acting within its scope of authority.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022; Ord. No. O23-04, 11-28-2023)

Special event permit applicants shall pay a fee upon submittal of the application for the permit. The fee amount shall be determined by resolution passed by the city council. The fee is due upon application for the permit, and no permit shall issue without the fee being paid prior to issuance except by express waiver determined by the mayor. The mayor shall have the authority to waive the permit fee.

The mayor, with the consultation of city staff, may also set additional fees related to specific events, based upon the demands and costs to the city in allowing the event. These additional fees may include, at the mayor's discretion, fees related to cost of providing city services for the event, additional staffing costs, such as police, ambulance, or fire, crowd control costs, the provision of garbage receptacles and crowd-monitoring barriers, and other costs reasonably incurred by the city in allowing an event to be held within the city. The additional fees shall be invoiced to the applicant upon the conclusion of the event, and the invoice is due and payable within ten business days of invoicing by the city. An applicant can request an estimate of the additional fees prior to issuance of the permit.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

A.

The application for such permit shall be made in writing on an approved form available at the city clerk-treasurer's office. Any person who wants to conduct a special event on a city street or sidewalk shall apply to the city for a special event permit at least thirty business days in advance of the date of the event.

B.

The mayor may, in his or her discretion, consider any application for a permit to conduct an event that is filed less than thirty business days prior to the date such event is to be conducted.

C.

After review of the application by the city public works director, chief of police, fire chief, ambulance director, and city attorney, and payment of the permit fee by the special event permit applicant, the mayor shall issue the special event permit, if he/she determines such issuance is in the best interests of the city.

D.

The mayor may place reasonable conditions on any special event permit concerning the time, place, or manner of holding the event as is necessary to coordinate multiple uses of city property, assure preservation of city property, prevent dangerous, unlawful, or impermissible uses, and protect the safety of persons and property. Conditions the mayor may impose include, but are not limited to:

1.

Establishment of an assembly or disbanding area for a parade or like event;

2.

Accommodation of an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, or other public right-of-way and implementation of a parking or transportation plan;

3.

Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

4.

Number and type of vehicles, animals, or structures to be displayed or used in the event and their locations;

5.

Provision and use of traffic cones or barricades;

6.

Provision or operation of sanitary facilities, including handicap accessible sanitary facilities;

7.

Provision of a waste management plan, and the cleanup and restoration of the site of the event;

8.

Use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event;

9.

Manner of providing notice of permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the event;

10.

Reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity;

11.

Obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage or other goods or services at the event;

12.

Manner by which alcohol sales and service, if any, shall be conducted at the event;

13.

Limitations on the use of spray paint or chalk paint as directional cues for participants; and

14.

Provisions for public safety and the preservation of public property such as traffic/pedestrian control, fire safety, the closure of streets or intersections, the diverting of traffic, etc.

E.

Approval for the permit must be obtained prior to the applicant beginning any advertising for the event.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

In order that adequate arrangements may be made for the proper policing of the event, the application shall contain, at a minimum, the following information:

A.

The name of the applicant, the sponsoring organization, and the event chairperson, and the addresses, telephone numbers, and email addresses of each;

B.

The purpose of the event, the dates, and times when it is proposed to be conducted, and the route or specific area requested for use or any proposed alternate event route or deviation from the established route, to include:

1.

The location of the assembly area, the location of the disbanding area, route to be traveled, and

2.

The approximate time when the event will gather, from start to finish.

C.

A plan depicting the placement of temporary structures or facilities on public property or public rights-of-way and, if the event is a march, parade or process, a map of the proposed route.

D.

A description of the individual vehicles, groups, or bands, including a description of any music or sound amplification equipment to be used, if applicable;

E.

A statement regarding whether or not alcohol will be available or served and a copy of any applicable alcohol license or catering license;

F.

A statement of any fees to be charged to participants or spectators in connection with the special event;

G.

The approximate times when assembly for, and disbanding of, the special event is to take place;

H.

Whether the permittee is requested any special signage (to be provided by the permittee);

I.

Insurance information;

J.

Whether the permittee will provide any portable toilets;

K.

Provisions for trash removal and clean-up, if necessary;

L.

The anticipated attendance at the event;

M.

Whether provisions will need to be made for public safety and the preservation of public property, such as traffic/pedestrian control, fire safety, emergency response services, the closure of streets or intersections, the diverting of traffic, and the like;

N.

Any other information reasonably required by the mayor.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

A.

For all special event permits, the mayor may specify any other additional requirements reasonably necessary for the protection of persons or property.

B.

The mayor may refer the application to such city departments or personnel as he or she deems necessary for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.

C.

Each permittee shall comply with all conditions stated in the special event permit. Failure by the permittee to comply with all special event permit conditions may result in revocation of the special event permit. In addition, failure to comply with the conditions may result in denial of future special event permits to the permittee that failed to comply.

(Ord.\07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

Sponsoring persons, organizations, companies, corporations, or other entities applying for a special event permit shall hold the city harmless and indemnify from any and all claims, damages, loses and expenses arising from the special event. Applicants for a special event permit shall agree in writing to hold harmless and indemnify the city for any and all claims, lawsuits, or liability, including attorney's fees and costs allegedly arising out of the loss, damage, or injury to persons or personal or public property occurring during the course of or pertaining to the special event caused by the events sponsoring organizations, companies, corporations, or other entities, their officers, employees, or agents.

The sponsoring organization shall carry appropriate insurance as required by the city, including comprehensive general liability, automobile liability and/or designated premises liability in the minimum amount of one million dollars per occurrence and two million dollars aggregate per event or location, and when deemed necessary, the city can require more insurance coverage for higher-exposure events. The city must be named as an additional named insured.

The mayor has the authority to waive the requirements contained in this section. Additionally, the mayor may require insurance coverage in a higher or lower amount based upon the type of special event, the number of persons anticipated to attend the special event, or the anticipated number of persons participating in the special event.

Each applicant shall execute a hold harmless agreement in a form approved by the city agreeing to defend, indemnify, and hold harmless the city against losses and liabilities incurred from the conduct of the applicant or its officers, employees, and agents. The agreement must be submitted to the mayor with the application for a special event permit.

(Ord. 07-03 (part), 2007)

(Ord. No. O14-02, 7-15-2014; Ord. No. O22-06, 11-8-2022; Ord. No. O23-04, 11-28-2023)

No sales or soliciting are allowed unless proper licensing is prepared in advance of the special event.

The applicant must demonstrate that all state and local liquor control regulations pertaining to the sale and consumption of alcohol have been complied with and must provide copies of all applicable state and local liquor permits with the special event application.

Any person, company, corporation, association, or other entity conducting a special event, within city jurisdiction, shall, at the discretion of the mayor, be entitled to a special permit to sell beer and/or alcohol to the patrons of the special event to be consumed within an enclosure wherein the event is held. The applicant must specify, in their request for the special event alcohol permit, the location and size of the area wherein they propose to sell the alcohol. The mayor, at his or her discretion, may specify the location and size of the area at the special event where the alcohol may be consumed.

The fee for special event alcohol permit shall be set by city council resolution. This fee shall be paid upon presentation of the special event application along with the special event alcohol permit application to the city clerk-treasurer. If the special event alcohol permit is denied, the city clerk-treasurer shall refund the special event alcohol permit fee to the applicant.

If the city has revoked a special event permit of the special event alcohol permit applicant for any reason within the last five years, the special event alcohol permit may be denied.

The city police department may revoke the special event alcohol permit if those in attendance become unruly, if property is damaged, or for other reasons that adversely affect the public health, safety, and welfare of the citizens of the city or those people attending or participating in the special event.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

The event permit shall issue with specific delineation of the event length and proposed time requirements estimated for the event. Only under extreme conditions or situations shall the event run longer than the proposed length of time specified in the special event permit, and then only with specific authority granted by the mayor. If the mayor permits an extension for time under this provision, the city clerk-treasurer must provide notice to the city of laurel chief of police, fire chief, ambulance director, and the public works director.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

A.

Issuing permits. The mayor shall issue a special event permit, however, the granting of the permit is contingent upon the applicant signing the special event permit application. The special event permit must state the applicant's intent to adhere to the conditions stated in the special event permit application.

B.

Denial of permit application. The mayor shall deny an application for a special event permit and shall notify the applicant of such denial when:

1.

The mayor or other reviewing authority for the city makes any finding contrary to the findings required to be made for the issuance of a permit, or the mayor determines issuance is not in the best interest of the city; or

2.

The location, time, route, or magnitude of the event will disrupt to an unreasonable extent the movement of traffic, either pedestrian or motor vehicle; or

3.

The event requires a significant quantity of law enforcement to properly control movement of participants and spectators in areas near or on the event site in such quantity to disable reasonable law enforcement protection for the spectators, participants, and residents of the city; or

4.

The special event will disrupt or inhibit with other events previously granted a special event permit occurring in the city on the same day and time; or

5.

The permittee provided false or misleading information in the special event permit application concerning any relevant data; or

6.

The permittee fails to agree, abide by, or comply with all conditions of the special event permit.

7.

Upon notice to the permittee of the denial of the special event permit, the mayor must also provide notice of denial of the special event permit to the chief of police, fire chief, ambulance director, and the public works director.

(Ord.\07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

The city may revoke any special event permit granted under the terms of this chapter if it becomes known to the city that the permittee is in any manner failing to comply with the terms of this chapter. In the event of such revocation, the person to whom such special event permit was granted shall thereafter be operating without a special event permit and shall be subject to penalties as provided in this code. The special event permit granted may be revoked in the manner provided for the revocation of licenses and permits generally.

If the mayor determines that the safety of the public or property requires revocation of the special event permit due to disaster, public calamity, riot or other emergency, the special event permit may be summarily revoked by the mayor. Notice of such action revoking a special event permit shall be delivered in writing to the permittee by personal service or by certified mail, and notice shall also be provided to the city clerk-treasurer, the chief of police, the fire chief, the ambulance director, and the public works director.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

Immediately upon the mayor's approval and issuance of the special event permit, the city clerk-treasurer shall deliver a copy of the permit to the chief of police, the fire chief, the ambulance director, the public works director, and the city attorney.

(Ord. 07-03 (part), 2007)

(Ord. No. O22-06, 11-8-2022)

A.

Whenever excavation work in any street in the city is in progress, efficient barricades shall be erected by the contractor or other person in control, around all trenches or embankments made by him within the limits of any street or sidewalk. Red lights shall be maintained thereon from dusk to daylight until the street or sidewalk shall be restored to a safe and passable condition.

B.

Failure or omission to protect against incident, in the manner required by this chapter, shall cause a forfeiture of any permit which may have been granted with reference thereto.

C.

Following completion of the construction work and restoration of the street or sidewalk to a safe and passable condition, the contractor or person in charge of the work shall promptly remove all barricades, warning lights and other safety devices from the street or sidewalk.

(Prior code § 11.16.010)

No person shall walk upon or drive upon a street, alley or sidewalk barricaded as stated in this chapter.

(Prior code § 11.16.020)

Where lights, signs, barricades or obstructions have been placed and maintained to protect concrete, no person shall walk, run, drive, ride or step upon the newly laid concrete so as to mark, mar, or in any way injure the same.

(Prior code § 11.16.040)

Whenever any barricade, red light or other warning device shall have been placed upon the streets, alleys or sidewalks of the city by any official or employee of the city in the course of his duty, or by any contractor working on any street, alley or sidewalk, no person shall move or remove such red light, barricade or other warning device.

(Prior code § 11.16.030)

Any person violating a provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars.

(Prior code § 11.16.060)

No person shall move, remove or relocate any building or structure within or into the city, nor transport by truck any building or structure through the city, without first having obtained a moving permit from the city.

(Prior code § 11.20.010)

A.

Every application for a permit to move, remove or relocate any building or structure in the city, or to transport any building or structure through the city, shall be made to the city clerk-treasurer in writing upon forms furnished by the city and shall set forth the following information, if pertinent:

1.

Address of present location of the structure;

2.

Address of new location;

3.

Type of construction (frame, masonry, masonry veneer, etc.);

4.

Length, width and height of building or structure;

5.

Specific route over which the building or structure is to be moved;

6.

Type of occupancy (dwelling, garage, office, etc.) for both old and new locations;

7.

Proposed moving date and time of day.

B.

Every application for permit under this section shall include and be accompanied by assurance of full compliance with all state of Montana loads and loading requirements.

C.

The city may require any additional information which it shall find necessary to make a fair determination of whether a permit should issue.

D.

The city council may establish an application fee for the permit by resolution, and may increase or decrease the fee from time to time by further resolution, as and when the council deems the same to be appropriate. The required fee established by any such resolution must be paid by the applicant at the time of submission of the application for permit. No fee shall be required, however, for permit applications involving the moving, removing, relocating or transporting of a trailer or mobile home as defined in Section 17.08.1120 of this code.

(Ord. 97-2 § 4 (part), 1997; Ord. 951, 1989; Ord. 946, 1988; prior code § 11.20.020)

The following restrictions and conditions shall be observed before the issuance of a permit as required by this chapter:

A.

No permit shall be issued to any person to move or relocate any building or structure upon another building site unless such use, building or proposed conversion thereof conforms to zoning and building requirements of the city.

B.

No permit shall be issued to any person to move, remove or locate any building or structure which is so constructed or in such condition as to be dangerous or unsafe, or which is infested with pests or is unsanitary or which, if it be a dwelling or habitation, is unfit for human habitation, or which is so dilapidated, defective, or in such a condition of deterioration or disrepair that its relocation at the proposed site would create a safety or health hazard or would cause substantial damage or material detriment to the property in the immediate vicinity of the proposed site.

C.

Every such application shall be accompanied by the written consent of the chiefs of the fire and police departments, who shall be notified of the route to be taken and when the removal or relocation shall be made.

D.

The city clerk-treasurer shall specify in the permit the route to be taken in the moving of a building, such means to be used to prevent the street pavement from being subjected to abnormal stresses, and the limit of time which such building or structure shall be upon the streets or alleys.

E.

No circuit or box of the city fire alarm shall be disturbed in any manner except with the permission of the chief of the fire department.

F.

No building or structure which is being moved upon or over any street, alley or property of the city shall be occupied as a living quarters while such building or structure is in transit.

G.

No permit, as required by this chapter, shall be issued unless the applicant shows that he has adequate machinery, appliances and equipment to safely complete the proposed moving.

(Ord. 97-2 § 4 (part), 1997; prior code § 11.20.030)

Every permittee under this chapter shall:

A.

Move a building only over streets designated for such use in the written permit;

B.

Notify the city engineer in writing of the desired change in moving date and hours as proposed in the application;

C.

Notify the city engineer in writing of any and all damage done to property belonging to the city within twenty-four hours after the damage or injury has occurred;

D.

Cause warning lights to be displayed during the hours of darkness on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such a manner as to protect the public from damage or injury by reason of the moving or removal of the building;

E.

Replace the house in transit on a permanent foundation, within city limits or within one mile thereof as approved by the city engineer under all applicable provisions of this code, or else remove the house in transit from city limits and the surrounding one mile area within seven calendar days after the house is first removed from its original foundation or first transported inside city limits or the surrounding one mile area;

F.

Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition;

G.

Properly disconnect all utilities, plug the sanitary sewer with a concrete plug and have the water department disconnect the water service.

(Ord. 947, 1988; prior code § 11.20.040)

The building official of the city or the chief of police is authorized and empowered to revoke any permit granted under the terms of this chapter if it shall become known to him that the permittee is, in any manner, failing to comply with the terms of the permit of this chapter or, when in the opinion of the official, public convenience and safety require such revocation.

(Prior code § 11.20.050)

There is created and established an advisory board to the city council that shall be known as the park and tree board for the city of Laurel ("board") which shall consist of five to nine members who must reside in the city or who must live within two miles thereof. These members shall consist of at least three sitting members of the city council and the remainder of members at large. The mayor shall appoint all members with approval of the council. The members shall come from diverse interest groups including, but not limited to, school teachers, club members, homeowners, business owners, park or tree professionals and/or representatives from the city government.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

The term of office for the members shall be four years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the respective term.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

Members of the board shall serve without compensation.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

The board shall select its own officers (if any), make its own operational rules and regulations to govern its meetings, schedule its own meetings dates and times for the convenience of its members and shall keep a record of its proceedings. All meeting dates and times shall be posted at city hall. A majority of the members shall be a quorum for the transaction of business.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

A.

The park and tree board of the city shall have the authority and discretion to:

1.

Promulgate and develop proposed ordinances, rules and/or regulations that govern the general use of all city parks with consideration of public input for presentation to the city council for consideration and adoption by the city council;

2.

Establish a proposed permit system to provide for an advanced reservation system for the exclusive use of a city park or city park improvement by a person or group to be administered by city staff upon approval by the city council;

3.

Prepare and adopt proposed rules or regulations governing or limiting the possession or use of alcoholic beverages in city parks by any person or group of people, including establishment of a proposed permit and registration procedure for the possession or use of alcoholic beverages by any group of people to be administered and enforced by city staff and/or the city police when applicable upon approval by the city council;

4.

Negotiate terms for lease agreements for city parks or other city park related improvements with current or new users, groups or clubs on the city council's behalf. When completed, the park and tree board shall present each negotiated proposed lease agreement to the city council for approval and adoption by resolution of the city council;

5.

Assist with the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas; and

6.

When requested by the city council, consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

B.

All park ordinances, rules, and regulations promulgated by the park and tree board shall be adopted by the city council upon recommendation by the park and tree board pursuant to this section. All rules, regulations, and/or ordinances adopted hereunder shall be posted in a public place at each park affected thereby or be available at the office of the city clerk-treasurer. The park and tree board may conduct tree inventory analysis within its discretion.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

A.

Except as otherwise provided herein, all city parks shall be closed from ten p.m. until six a.m. each night.

B.

No person shall remain in or upon any city park during closed hours.

C.

This section shall not apply to overnight camping areas designated by the city.

D.

The children's playground equipment commonly known as "Kids Kingdom" at Kiwanis Park shall close at ten p.m. and reopen at six a.m.

E.

Any person violating the terms of this section shall, upon conviction, be punished as set forth in Section 12.28.100 of this code.

F.

Applicants may seek an exemption to this section when applying for an event permit at city hall.

(Ord. 06-08 (part), 2006)

(Ord. No. O19-03, 12-10-19; Ord. No. O25-01, 7-22-2025)

The city council shall establish reasonable fees and/or charges for the use of the pool, parks and/or recreation areas and facilities owned by the city by annual resolution after a public hearing.

(Ord. 07-06 (part), 2007: Ord. 06-04 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

A.

City tennis courts shall be used only for the practice and playing of tennis. All other activities are prohibited on all city tennis courts. No person shall use or occupy any city tennis court or any part thereof for any purpose other than the playing or practicing of tennis.

B.

Any person violating the terms of this section shall, upon conviction, be punished by a fine not exceeding one hundred dollars.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

A.

The following activities are prohibited at South Pond at all times:

1.

Swimming; and

2.

Motorized or power boating of any kind.

B.

Any person who violates any of the terms or provisions of this section shall, upon conviction therefore, be punished in accordance with the provisions of Section 1.36.010 of this code.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

A.

No person shall drive or otherwise operate any motor vehicle in any city park except in or upon graveled or paved parking areas.

B.

This chapter shall not apply to city vehicles in the regular operation and conduct of city business or to construction or maintenance vehicles belonging to any contractor performing any work for the city in any city park.

C.

Users of Riverside Park, however, may operate vehicles only upon designated, defined roadways therein.

D.

Any violation of this chapter shall, upon conviction thereof, be punishable as provided in Section 1.36.010 of this code.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

The city park and tree board shall develop and maintain a list of desirable trees for planting along streets in three size classes, based on mature height: small (under twenty feet), medium (twenty to forty feet) and large (over forty feet). Efforts shall be made to ensure a sufficient diversity of tree species. Lists of prohibited trees or trees not suitable for planting will also be developed and maintained by the board.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

The spacing of street trees will be in accordance with the three size classes listed in Section 12.28.100 of this chapter, and no trees may be planted closer together than the following: small trees, fifteen feet; medium trees, twenty-five feet; and large trees, thirty-five feet; except in special plantings designed or approved by a landscape architect.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three size classes listed in Section 12.28.100 of this chapter, and no tree may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium and large trees, three feet.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

No street tree shall be planted within thirty-five feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted within ten feet of any fireplug.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

No street trees other than those species accepted as small trees by the city park and tree board may be planted under, or within ten feet of any overhead utility wire.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

The city may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gal lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 12.28.100 and 12.28.110 of this chapter.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

All tree pruning on public property shall conform to the ANSI A300 standards for tree care operations.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the city park and tree board. The city park and tree board retains discretion to determine appropriate tree topping, and the board is granted authority to seek the city's intervention to impose penalties for unlawful tree topping.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of thirteen feet above street surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections.

Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

In order to maintain the overall forest, reasonable efforts shall be made to replace trees that are removed and to protect quality trees that are endangered.

Trees of desirable species and good health shall be protected as much as possible from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of protection shall include the ground beneath the canopy of the tree.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

It shall be unlawful for any person to prevent, delay or interfere with the city of Laurel, its city park and tree board, or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees, as authorized by this chapter.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

Permission is given to the owners of real estate to improve their premises by planting trees and properly caring for trees in the boulevards adjoining their property consistent with the terms of this section. Such trees shall in no case interfere with the full use of the streets for public purposes, and no person shall plant any tree within the limits of any parkway, street, or alley in the city without having first obtained a written permit from the city.

It shall be the duty of any property owner to make request in writing to the city, stating the variety and precise location of each tree proposed to be planted. The permit shall specify location and variety of each tree.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

No person shall remove, destroy, cut, deface or in any way injure or interfere with any street or park tree without a permit from the city .

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

It shall be unlawful for any person to move any building along any street, avenue or alley in the city, in such a way as to interfere with or injure any tree or shrub in any street, avenue, alley or public place, including parks and parkways, without a written permit obtained from the city park and tree board. The application for such permit, and the permit issued, shall specify the particular building and the particular route to be followed.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

All moving of trees and shrubs made necessary by moving of buildings or any other purpose shall be done under supervision of the city, at the expense of the owners of the buildings, or the party requesting the same. Should such moving cause the death of the tree, the owner of the buildings or the party requesting the temporary removal, at his own expense, shall replace the same under the supervision of the city.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

All insect pests and diseases known to be injurious to fruit, shade, and ornamental trees and shrubs, and all trees, shrubs and vegetable growth infested or infected therewith constitute a menace, and are hereby declared to be a common nuisance.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

Every person who is owner or in possession or control or management of any lot, block or parcel of land upon which there are any fruit, shade or ornamental trees or shrubs which are infested or infected with any insect pests or diseases known to be injurious to such fruit, shade or ornamental trees or shrubs, shall, within three days, upon written notice of the city , spray or cause the same to be sprayed in such manner and with some insecticide designated by the city. Any person failing to comply with any such notice shall be deemed guilty of maintaining a nuisance.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

The city council shall have the right to review the conduct, acts, and decisions of the city park and tree board.

(Ord. 05-1 (part), 2005)

(Ord. No. O25-01, 7-22-2025)

A.

Any person violating any provision of this chapter for which another penalty has not been specifically provided shall, upon conviction thereof, be punished as set forth in Section 1.36.010 of this code.

B.

Any person violating any ordinance, rule, or regulation pursuant to this chapter shall, upon conviction thereof, be punished by a fine not to be less than fifty dollars nor more than five hundred dollars, or by imprisonment for a term not exceeding six months, or both.

(Ord. 06-08 (part), 2006)

(Ord. No. O25-01, 7-22-2025)

The mayor, with the approval of the city council, shall appoint an engineer, group of engineers, a professional engineering corporation or the city engineer to perform engineering services for every special improvement district proposed and created.

(Prior code § 11.80.010)

The engineer for the special improvement district shall be responsible for the professional quality, technical accuracy, and coordination of all design, drawing specification, and reports for all engineering matters. The duties of an engineer shall consist of, but not be limited to, the following:

A.

Provide site and topographic surveys;

B.

Prepare and provide advertisement for bids, information for bidders, bids form, supplementary conditions and other documents necessary to complete the contract documents;

C.

Evaluate construction bids and proposals;

D.

Prepare subsurface soil investigations;

E.

Advise as to the acceptability of materials and equipment proposed by contractor or substituted by contractor;

F.

Supervise on-site construction and monitor the progress and quality of the construction work and guard the city and the district against apparent defects and deficiencies;

G.

Review shop drawings, supplies and other submittals of the contractor for general conformance to the engineering design and compliance with the contract documents;

H.

Review and prepare all change orders, progress estimates and final estimates;

I.

Provide reproducible drawings and surveys showing the square footage or lineal footage involved in making the determination of the assessment of costs to the property owner;

J.

Keep the city engineer informed of the progress of the work throughout the period of construction;

K.

Provide general inspection services and quality control on all construction materials and construction methods.

(Prior code § 11.80.020)

The engineer shall receive such compensation as may be authorized by the city council. The engineering contract shall not call for compensation based on a percentage of the construction contract and shall be a sum certain.

(Prior code § 11.80.030)

The mayor, with the approval of the city council, shall appoint an attorney, a group of attorneys, a professional legal corporation or the city attorney to perform services of a legal nature for every special improvement district proposed and created.

(Prior code § 11.60.010)

It shall be the duty of the attorney for the special improvement district to see to the completion of all proceedings required in formation of a district. It shall be the duty of the attorney to draft or supervise the phraseology of any contract, ordinance, resolution, bond or other documents or instruments necessary to the special improvement district. It shall be the duty of the attorney to represent the district in litigation affecting the district.

(Prior code § 11.60.020)

The attorney shall be the legal advisor of the special improvement district, and shall render advice in all legal questions affecting the city and district, whenever requested to do so by the mayor or by the city council. Upon request by the mayor or the city council, he shall reduce any such opinion to writing. In addition, the attorney shall prosecute and litigate any claim or action the special improvement district may have arising out of any contract for services or contract for construction necessary to completion of the special improvements.

(Prior code § 11.60.030)

A.

The attorney shall receive such compensation as may be authorized by the city council. Such compensation shall not exceed five percent of the first fifty thousand dollars of the district's bond issue and two percent of the bond issue in excess of fifty thousand dollars, except that it shall not be less than one thousand dollars.

B.

The usual duties of the city attorney do not include special improvement district proceedings. If the city attorney is appointed to serve as the attorney for a special improvement district he may receive such additional compensation as may be authorized by the city council, except that it shall not exceed the amount set forth in subsection A of this section.

C.

The attorney shall not be compensated for services performed prior to the creation of the special improvement district, except that the city council may reimburse the attorney for actual expenses incurred and necessary to the creation of a district.

(Prior code § 11.60.040)

All special improvement districts shall be assessed one percent of the total cost of the district, which one percent shall be paid out of bond sales to the city and shall be used for the purpose of covering administrative expense.

(Ord. 1037, 1992: prior code § 11.40.010)

To secure the prompt payment of principal of and interest on special improvement district bonds or warrants issued by the city pursuant to the Act and determined by the Council to be so secured in accordance with the Act (collectively, the "bonds"), there has been created and established pursuant to Sections 7-12-4221 through 7-12-4227 of the Act a revolving fund to be kept and maintained by the city clerk/treasurer separate and apart from all other funds of the city, and designated as the "special improvement district revolving fund."

A.

Funding of Revolving Fund. To provide funds for the revolving fund, the city:

1.

From the proceeds of an issue of bonds, shall deposit at least five percent and not more than ten percent of the original principal amount thereof in the revolving fund, as authorized and required by Section 7-12-4169(2) of the Act;

2.

May, in its discretion and from time to time, but subject to the final paragraph of this Section 2, transfer to the revolving fund from the general fund of the city such amount or amounts as may be deemed necessary, and such amounts so transferred shall be considered to be loans from the general fund to the revolving fund; and

3.

Shall, in addition to or in lieu of such transfers from the general fund, but subject to the final paragraph of this Section 2, levy and collect for the revolving fund a property tax on all of the taxable property in the city in amounts and at times sufficient to meet the financial requirements of the revolving fund.

The aggregate amount of the levies and transfers authorized by clauses (b) and (c) above shall not cause the balance in the revolving fund to exceed ten percent of the principal amount of the bonds then outstanding after all required transfers have been made to the district funds through fiscal year end.

B.

Loans from Revolving Fund. Whenever the principal of or interest on any bond shall become due and payable during the period of the undertaking of the city to pledge the revolving fund to the payment thereof as provided in Section 7-12-4225(b) of the Act, and there shall then be either no money or insufficient money to pay the same in the special improvement district fund upon which the Bond is drawn (after the exhaustion of the district reserve account for the district, if any, as provided in Section 7-12-4169 of the Act), an amount sufficient to make up the deficiency shall be loaned by the revolving fund to such district fund, to the extent such funds are available, as provided in the next succeeding paragraph. Thereupon, the principal of or interest on such Bond shall be paid from the money in the district fund, as supplemented by the loan.

In the event that the balance on hand in the revolving fund fifteen days prior to any date when interest is due on any bonds is not sufficient to make good all deficiencies then existing in the special improvement district funds for which bonds are outstanding, the balance on hand in the revolving fund shall be allocated to the funds of the special improvement districts in which such deficiencies then exist in proportion to the amounts of the deficiencies, until all interest accrued on all Bonds has been paid. On any date when all accrued interest on bonds has been paid, any balance remaining in the revolving fund shall be loaned or advanced to the special improvement district fund for payment and redemption of Bonds to the extent the special improvement district fund is deficient for such purpose, and, if money in the revolving fund is insufficient for all bonds then to be paid or redeemed, in an amount proportionate to the amount of such deficiencies.

C.

Lien and Loan Repayment. Whenever any loan is made to any special improvement district fund from the Revolving Fund, the Revolving Fund shall have a lien therefore on the land within the district which is delinquent in the payment of its assessments and on all unpaid assessments and installments of assessments on such district (whether delinquent or not) and on all money thereafter coming into such district fund, to the amount of such loan, together with interest thereon from the time it was made at the rate of interest borne by the Bond with respect to which such loan was made.

Whenever there is money in the special improvement district fund which is not required to pay principal of or interest on any Bond, so much of such money as may be necessary to pay the loan provided for in Section 3 shall, by order of the city council, be transferred to the revolving fund. After all of the bonds drawn on any special improvement district have been fully paid, all money remaining in such district fund (including the district reserve account), or so much of such money as may be necessary to pay the loan provided for in Section 3, shall, by order of the city council, be transferred to the revolving fund; provided, however, if the city council determines that the balance in the revolving fund is adequate for the purposes thereof, the city council, in its discretion, may transfer money in the district fund (but not money in the district reserve account) to the district's maintenance fund.

If after all the bonds drawn on any special improvement district have been fully paid and all moneys remaining in such district fund have been transferred to the revolving fund and the loan from the revolving fund pursuant to Section 3 has not been fully repaid, the city council may foreclose the lien upon property within the district owing unpaid assessments to the district for the purpose of paying off said loan to the revolving fund.

D.

Covenants To Utilize Revolving Fund. In connection with the sale and issuance of special improvement district bonds or warrants, the city council may undertake and agree to secure said bonds or warrants by the revolving fund and to issue orders annually authorizing loans or advances from the revolving fund to the district fund upon which the bonds or warrants are drawn in amounts sufficient to make good any deficiency in the bond and interest accounts thereof, to the extent that funds are available in the revolving fund; and the city council may further undertake and agree to provide funds for the revolving fund by annually making the tax levy or, in lieu thereof, the transfers from the general fund provided in Section 2, subject to any limitations imposed by law.

Such covenants to utilize the revolving fund in connection with a particular issue of bonds shall be binding upon the city so long as any principal of or interest on such bonds remains unpaid or as otherwise then provided by law or in the resolution authorizing the issuance of such Bonds.

E.

Surplus Funds in Revolving Fund. Subject to any covenants undertaken by the city council pursuant to Section 5, whenever the moneys on deposit in the revolving fund exceed ten percent of the principal amount of the bonds then outstanding, the city council may order all or any part of the amount the city council considers greater than the amount necessary to be transferred to the general fund of the city.

F.

Effect. Ordinance No. O11-08 amends and replaces Chapter 12.36 of the Laurel Municipal Code in its entirety, but it shall not cause the cessation of the revolving fund or reduce the security of any bond currently secured by the revolving fund. Ordinance No. O11-08 shall take effect after thirty days of its passage by the city council and approval by the mayor. The revolving fund of the city shall continue in existence and amounts deposited therein shall, from and after the effective date of Ordinance No. O-1108, be governed by Ordinance No. O11-08 until further amended by the city council.

(Ord. 1038, 1992)

(Ord. No. O11-08, 10-4-2011)

The intent and purpose of this section is to provide an equitable procedure for the reimbursement of a portion of the costs of constructing certain water and wastewater facilities to private parties who paid for the initial installation of those facilities. No person shall acquire any vested rights under the terms and provisions of this chapter.

(Ord. 05-3 (part), 2005)

For the purpose of this section, the following words and phrases used herein are defined as follows:

"Customer" means any person receiving water and/or wastewater service either directly or indirectly from the city water and/or wastewater system.

"Developer" means an applicant who requests use of the city water and/or wastewater general benefit facilities to provide water and/or wastewater service to special benefit facilities which will be installed by the applicant to serve properties owned by the applicant.

"Extension" means the act or process of providing water and/or wastewater service to properties situated within the city's approved water or wastewater serve areas.

"Off-site special benefit facilities" mean special benefit facilities which are located between the existing water or wastewater system and the nearest boundary of the property for which service is to be provided.

"Perimeter special benefit facilities" mean special benefit facilities which are located immediately adjacent to the exterior boundaries of the property for which service is to be provided.

"Special benefit facilities" mean water or wastewater facilities which are owned and controlled by the city and which provide service solely to specific properties located within the city's water or wastewater service areas. Typical special benefit facilities include, but are not limited to: water lines eighteen inches or smaller in diameter, water booster pumping stations serving small areas, wastewater lines twenty-four inches or smaller in diameter, and wastewater pumping stations serving small areas.

(Ord. 05-3 (part), 2005)

Any prospective customer owning property located outside a developer's subdivision and desiring to connect a service line or lines to any special benefit facility which has been extended at the developer's expense shall pay a reimbursement fee to the city. This fee shall be determined by the city's public utilities director and shall be based upon either the prospective customer's pro rata share of the costs of the special benefit facility involved or upon some other cost formula established by agreement between the developer and the city at the time of approval of the developer's extension of services. This fee shall be in addition to and not in lieu of any fees that are customarily imposed by the city for refunding of general benefit facilities. This fee shall not include any interest charges. This fee applies only to connections and does not apply to additional extensions of existing special benefit facilities.

(Ord. 05-3 (part), 2005)

A.

Developers who meet the following conditions shall be entitled to reimbursement from revenues derived from the reimbursement fees established by this section:

1.

Special benefit facilities, off-site or perimeter, which front and abut property not owned by the developer, must be extended by the developer at his/her expense. Costs of special benefit facilities which are financed through special improvement districts shall not be reimbursed.

2.

The extension of special benefit facilities must be for the purpose of serving property located within the corporate limits of the city. Costs of extensions of special benefit facilities to serve property outside city limits shall not be reimbursed.

3.

Total project costs for the extension of the special benefit facilities must be at least ten thousand dollars.

4.

Developer shall provide to the city sufficient verifiable cost data to determine the appropriate reimbursement fee to be charged to prospective customers under Section 12.38.030 of this chapter.

5.

Developer shall enter into a standard reimbursement agreement with the city at the time the city approves the developer's application for extension of special benefit facilities.

6.

Upon completion of the extension of the special benefit facilities, the developer must convey all right, title, and interest in the facilities to the city.

7.

Developer shall provide to the city a current address for purposes of mailing his/her reimbursement payments collected hereunder.

8.

Extension of special benefit facilities must be done in compliance with all rules, regulations, resolutions, and ordinances of the city, including but not limited to standards for design and construction of the facilities.

9.

Violation of any of the conditions listed in this section may be grounds for denial of any reimbursement to developer.

B.

All reimbursement payments to developer shall be subject to the following terms and conditions:

1.

Reimbursements are payable solely from revenues derived from payment of reimbursement fees as established in this chapter. Reimbursement payments are limited to reimbursement fees actually collected, less all administrative costs incurred by the city. In no event will reimbursement payments exceed the actual cost to the developer of extending the special benefit facilities.

2.

Reimbursement fees paid to the city shall be accumulated and paid to developer annually on the first working day of each November following acceptance of the special benefit facilities by the city.

3.

Reimbursement payments shall not include any interest charges.

4.

Reimbursement payments to developer shall be limited to reimbursement fees paid to the city on or before the seventh anniversary of the date of acceptance of the special benefit facilities by the city. Any reimbursement fees paid to the city after the seventh anniversary shall be retained by the city and used for construction of additional water and/or wastewater system facilities.

(Ord. 05-3 (part), 2005)

The provisions of this chapter shall apply to special benefit facilities constructed after the effective date of the ordinance codified in this chapter except in those cases where the city has entered into a written agreement with the developer that provides that any reimbursement procedure adopted by the city will be applicable retroactively to the development that is the subject of the agreement.

(Ord. 05-3 (part), 2005)

A.

There is created a street sweeping district which shall be known as Street Sweeping District No. 1.

B.

The boundaries of District No. 1 shall be as follows:

1.

On both sides of each street or avenue:

a.

From the intersection of South Washington Avenue and Southeast Fourth Street to the intersection of First Avenue South and Southeast Fourth Street;

b.

From the intersection of First Avenue South and Southeast Fourth Street to the intersection of Main Street and First Avenue;

c.

From the intersection of Main Street and First Avenue to the intersection of Seventh Street and First Avenue;

d.

From the intersection of Main Street and First Avenue to the intersection of Eighth Avenue and West Main Street;

e.

From the intersection of Fifth Avenue and South First Street to the intersection of Fifth Avenue and West Main Street;

f.

From the intersection of West First Street and Third Avenue to the intersection of East First Street and Pennsylvania Avenue;

g.

From the intersection of West Main Street and Third Avenue to the intersection of West First Street and Third Avenue;

h.

From the intersection of West Main Street and Second Avenue to the intersection of West First Street and Second Avenue;

i.

From the intersection of East Main Street and Montana Avenue to the intersection of East First Street and Montana Avenue;

j.

From the intersection of East Main Street and Colorado Avenue to the intersection of East First Street and Colorado Avenue;

k.

From the intersection of East Main Street and Pennsylvania Avenue to the intersection of East First Street and Pennsylvania Avenue;

l.

From the intersection of Main Street and First Avenue to the intersection of East Main Street and Alder Avenue.

(Prior code § 11.28.010)

The streets and alleys within the above described District No. 1 shall be swept during the year as the city shall deem necessary.

(Prior code § 11.28.020)

The costs incurred in the sweeping of District No. 1 shall be assessed against all of the lots therein, prorated among the lots according to the frontage each lot bears to the total frontage of the district.

(Prior code § 11.28.030)

Upon proper petition to the city council and upon notice as required by state statute, streets or alleys may be vacated.

(Prior code § 11.32.010)

Vacating fee will be established annually by city council resolution after a public hearing to cover cost of notice and administrative costs.

(Ord. 06-04 (part), 2006: prior code § 11.32.020)

The city of Laurel hereby adopts by reference the Standards for Public Works as the Standards for Public Works which shall govern public works matters within the city of Laurel. The Standards for Public Works is on file in the office of the clerk-treasurer and is hereby referred to, adopted, and made a part hereof, as if fully set out, with the additions, insertions, deletion and changes, if any, set by ordinance.

(Ord. No. O24-01, 5-14-2024)