CHAPTER 11. Streets, Sidewalks and Public Property

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1 CHAPTER 11 Streets, Sidewalks and Public Property Article 1 Article 2 Article 3 Article 4 Article 5 Streets and Sidewalks Sec Repair and maintenance of sidewalks Sec Snow and ice removal from sidewalks Sec Sidewalks mandatory for new construction Sec Notice to install sidewalk Sec Construction regulations Sec Violation and penalties Curb and Gutter Sec Construction at request of Town Sec When owners may construct Sec Supervision Sec Construction permit required Sec Conformity to specifications required Sec Expiration of permits Sec Guarantee of work defects Sec Correction of errors Excavations Sec Limitations Sec Permit required; application Sec Contents of application Sec Fees Sec Term of permit; renewal and revocation Sec Insurance Sec Adequate drainage and access to fire hydrants required Sec Removal of obstruction upon completion of work Sec Permittee liable in case of nonconformance Sec Penalties Encroachments Sec Limitations Sec Permit required; application Sec Contents of application Sec Approval; permit fee; revocation Sec Insurance Sec Notice to remove encroachment Sec Noncompliance with notice; removal of encroachment Cemetery Sec Dedication Sec Lot fees; regulations Sec Perpetual Care Fund Sec Permits; decorations Sec Time schedule Sec General provisions Sec Provisions severable 11-i

2 Streets. Sidewalks & Public Property Streets & Sidewalks ARTICLE 1 Streets and Sidewalks Sec Repair and maintenance of sidewalks. The owner, occupant, lessee or person in possession or control of any premises or property shall maintain the sidewalks adjoining such premises or property in good repair and in a safe, unobstructed condition, free of snow, weeds and debris. (Ord ) Sec Snow and ice removal from sidewalks. (a) Every owner or occupant of any premises within the Town abutting a street and having a sidewalk adjacent to the street shall have the duty to keep the sidewalk clean of snow and ice. (b) All snow and ice shall be removed within twenty-four (24) hours of accumulation. (c) Abatement. (1) Whenever snow or ice is permitted or maintained on a sidewalk adjacent to the street, the Town shall cause a written notice to be served upon the owner or occupant of the premises. Said notice shall state that if said snow or ice is not removed within twenty-four (24) hours from the time when the notice is served, which time and date shall be written on the notice and a record thereof maintained by the Town, the Town shall cause said snow or ice to be removed and the cost thereof shall be an amount established by resolution by the Board of Trustees to offset the Town's costs. Such cost shall be charged to the owner of the premises. The notice shall be considered served if delivered in person to an adult owner or occupant of the premises or if posted in a conspicuous place on the property. (2) If any owner or occupant of any premises fails to remove the snow and ice from the sidewalk adjacent to the street within twenty-four (24) hours of the notice, the Town shall cause the removal of said snow and ice by Town employees or contract with another person to remove the snow and ice. The total cost of removing the snow and ice including, but not limited to, labor, equipment, notification and inspection shall be charged to the owner of the property. (3) The Town Administrator/Clerk shall bill to the owner of record of the property the entire cost of removing the snow and ice including, but not limited to, labor, equipment, notification and inspection. A minimum fee shall be charged for each time the snow and ice are removed from the sidewalks. This minimum fee, however, shall not preclude the Town Administrator/ Clerk billing for the actual cost if such cost is greater than the minimum fee. (4) Failure to pay the bill in full within a period of thirty (30) days shall cause the bill to become a lien against the property. The Town Administrator/Clerk may certify the assessment to the County Treasurer to be placed upon the tax list for the current year, to be collected in the same manner as other taxes are collected, with a penalty of ten percent (10%) to defray the cost of collection. (5) Notwithstanding the foregoing, if the offending property is not subject to taxation, the Town Administrator/Clerk may elect alternate means to enforce this Section, including the commencement of a court action and the pursuit of such remedies as are provided by law. (d) For purposes of this Code, premises shall mean any lot, parcel, outlot or other subdivision of real property, whether occupied or not and whether or not a structure exists on the lot, parcel, outlot or other subdivision. 11-1

3 Streets. Sidewalks & Public Property Streets & Sidewalks (e) Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction be punished in accordance with the provisions of Section of this Code. This penalty may be imposed in addition to the abatement proceedings provided in Subsection (c) above. (Ord ; Ord ) Sec Sidewalks mandatory for new construction. Whenever a new principal building is constructed upon a lot which does not have a sidewalk along the abutting streets, it shall be the duty of the owner to provide, install and maintain a sidewalk or integrated curb-and-sidewalk in front of or upon the property and in such location as may be designated by the Town. Said sidewalk or integrated curb-and-sidewalk shall be installed and constructed in conformance with the Town's specifications. Sidewalks or integrated curb-and-sidewalks are to be aligned with existing walks in the same block or adjacent blocks. Where no sidewalks exist, sidewalks shall be placed not less than five (5) feet behind the back of the adjacent curb. The Town may withhold the issuance of a certificate of occupancy for the principal building until said sidewalk is constructed in accordance with this Section. (Ord ) Sec Notice to install sidewalk. Whenever any owner of property defined in Section above shall refuse to install a sidewalk or integrated curb-and-sidewalk in accordance with the provisions of this Article, the Town Administrator/Clerk, pursuant to authority given by the Board of Trustees, shall give notice to such person directing him or her to install same within ninety (90) days after receipt of the notice. In the event such notice is not obeyed, the Town Administrator/Clerk may order the installation and construction of such sidewalk or integrated curb-and-sidewalk, and the costs and expenses thereof shall be assessed against the responsible person as provided by law. (Ord ; Ord ) Sec Construction regulations. Construction permits, supervision of work, contractor bonds and guarantee of work are required in accordance with Article 2 of this Chapter. (Ord ) Sec Violation and penalties. Any person violating this Chapter or any provision of applicable state law is guilty of a violation of this Code and, upon conviction thereof, shall be punished in accordance with the provisions of Section of this Code. (Ord ; Ord ) ARTICLE 2 Curb and Gutter Sec Construction at request of Town. (a) Whenever the Board of Trustees or Town Administrator/Clerk shall deem it necessary that any portion of a curb, gutter or sidewalk be constructed or reconstructed, it may, upon its own motion, order that such curb, gutter or sidewalk or portion thereof be constructed or reconstructed, as the case may be. Such construction or reconstruction shall be at the expense of the Town. If the Board of Trustees finds such construction or reconstruction to be the responsibility of the adjacent property owner, such order shall be by resolution or ordinance duly passed in relation thereto, which shall describe the place where such sidewalk, 11-2

4 Streets. Sidewalks & Public Property Curb & Gutter curb or gutter is to be constructed or reconstructed; and further, that if same is not done by the property owner within fifteen (15) days from the date such resolution or ordinance takes effect under state law and this Code, the Town will construct the same and/or cause the work to be done and assess the cost thereof against the adjacent property owner and the owner thereof, and certify and collect the same as by law provided. (b) In case such order is by ordinance, service shall be given by the publication or posting or by the mailing of a notice of such ordinance to the owners of such property within five (5) days; if such order is by resolution, the same shall be served upon the owners of the adjacent property in person within five (5) days of its passage or by mailing a notice of such resolution to the owners of such property at their last known address according to Town records within five (5) days. (c) If any property owner shall fail to construct curb, gutter, and/or sidewalk when so ordered within fifteen (15) days from the date such ordinance or resolution takes effect under state law and the ordinances of the Town, the Town may construct the same or cause the work to be done. Upon the completion of any such curb, gutter and/or sidewalk and the acceptance of the same by the Board of Trustees, the Town Administrator/Clerk shall prepare a statement of the costs thereof, including the cost of inspection and the services of the engineer in properly locating the same, showing the amount of cost properly chargeable against the adjacent or abutting property and the owner thereof plus an additional ten percent (10%) of such amount to cover the cost of engineering, legal fees and other incidentals. (d) Such statement, when completed, shall be subject to inspection by any person interested. The Town Administrator/Clerk shall thereupon, by advertisement, once within a period of fourteen (14) days in some daily or weekly newspaper of general circulation published in the Town, or by mailing a notice to the owner at his or her last known address according to Town records, notify the owner of the property to be assessed that such improvements have been or are about to be completed and accepted, specifying therein the lots or lands to be assessed and the amounts to be assessed on each thereof, and also designating therein a time and place upon which the Board of Trustees shall sit for the purpose of hearing complaints and objections thereto and making correction therein. Upon the day designated, the Board of Trustees shall sit for the purpose of hearing complaints and objections that may be as aforesaid, shall thereupon make such changes in such charges as may in its judgment be necessary, equitable or just, and shall thereupon finally determine the amount of such assessment and thereupon assess the cost of such improvements. (e) In case such order includes any of such improvements in front of lots or lands of more than one (1) owner, the same shall be included in one (1) ordinance or resolution ordering the same, but the costs, when constructed by the Town, shall be assessed against each abutting property and the owners thereof separately according to cost of construction of the curb, gutter or sidewalk abutting on each lot or parcel of land, respectively. Such assessments shall be collected by the County Treasurer together with a penalty of ten percent (10%) thereon to defray costs of collection, as provided by state law. (f) As an alternative to the collection of the assessment as a tax, the Town may provide for the payment of the assessment through a promissory note to be signed by the property owner, with payments to be made in three (3) equal monthly installments. Interest shall be charged upon the unpaid balance at the current maximum rate allowable. If any payment is not received upon the date due, the entire remaining amount 11-3

5 Streets. Sidewalks & Public Property Curb & Gutter shall become delinquent and shall be certified to the County Treasurer and collected the same as other taxes assessed against such property. (Ord ; Ord ) Sec When owner may construct. Curbs, gutters and sidewalks may be constructed by the owner of the property abutting upon the same and at his or her own expense within the Town when streets are laid out, opened and improved and in common use by foot travelers within the Town. Such curbs, gutters and sidewalks shall be constructed of the character, location, grade, material and in the manner prescribed by the Wellington Standard Design Criteria and Standard Construction Requirements in effect at the time of construction. (Ord ; Ord ) Sec Supervision. The Public Works Director shall approve all material and supervise the construction of all curbs, gutters and sidewalks within the Town. (Ord ; Ord ) Sec Construction permit required. Before constructing curbs and gutters or sidewalks, the owner of the property adjacent thereto shall make an application to the Town Administrator/Clerk for a permit upon forms furnished by said Town Administrator/Clerk, and the curbs and gutters or sidewalks shall be constructed in conformity with the grades established by the Board of Trustees; however, where a contractor shall install curb, gutter and sidewalk for more than one (1) property owner, said contractor may obtain one (1) permit for all of the work he or she is to construct by listing the names, location and other information required for each separate property owner. (Ord ) Sec Conformity to specifications required. The specifications, construction and material for any curbs, sidewalks and gutters shall be in conformity with the Wellington Standard Design Criteria and Standard Construction Requirements in effect at the time of construction. (Ord ) Sec Expiration of permits. Any permit issued under this Article shall expire sixty (60) days after the date mentioned as the date when construction will commence. No permit shall be issued unless grades have been established in the locality. In no case will the Town Engineer or an engineer designated by the Town assume to give the exact lot line or lot corners to the applicant. (Ord ) Sec Guarantee of work defects. (a) The contractor shall expressly guarantee such concrete curb and gutters and/or sidewalks and driveways for a period of one (1) year from and after their completion and acceptance by the Town through an inspector appointed by it, and shall agree to maintain it and make all necessary repairs of the same during the one-year period, without additional charge or cost to the property owner or the Town. It is understood and agreed that this guarantee shall include all repairs growing out of the imperfection or unsuitability of materials or composition, too great or too little moisture, defects in workmanship, settling of fills or excavations or any damage done to the curb by the expansion of the walk, either by breaking, cracking or pushing out of the curb. (b) The determination of the necessity for repairs rests entirely with the Public Works Director, whose decision upon the matter shall be final and obligatory upon the contractors. The guarantee herein stipulated shall extend to 11-4

6 Streets. Sidewalks & Public Property Curb & Gutter the whole body of the curb, gutter and sidewalk, base as well as wearing surfaces; and the repair required under it may extend to the total reconstruction of the whole body of the curb, gutter and/or sidewalk, both base and wearing surfaces, if in the judgment of the Public Works Director such total reconstruction shall become necessary. Such contractor shall be held responsible for the acts and negligence of the contractor's employees and agents. (Ord , ; Ord ) Sec Correction of errors. No delays, errors, defects or irregularities in any action or proceeding authorized by this Article shall prejudice or invalidate any final assessment, but the same may be remedied by subsequent amending acts or proceedings as the case may require, and when so remedied shall take effect as of the date of the original act or proceeding. If any court of competent jurisdiction sets aside any assessment on any account of any irregularity in the proceedings, then the Board of Trustees may correct such irregularity and make a new assessment, and the same shall be effective as of the date of the original assessment. (Ord , ) ARTICLE 3 Excavations Sec Limitations. No obstruction whatsoever other than that provided for by law or by this Article or some other Town ordinance shall be made upon any street, alley, sidewalk or other public place within the Town. (Ord ) Sec Permit required; application. remodeling or demolition of any building or improvement on property abutting or adjacent thereto shall make written application to the Town Administrator/Clerk for a permit on a form prepared and provided by the Town. (Ord ) Sec Contents of application. (a) The application shall contain the following information: (1) The applicant's name, address and telephone number; (2) The street, alley, sidewalk or other public place affected and the extent affected; (3) The address of the property on which the work is to be done; (4) The reason for the obstruction; and (5) The amount of time the permit is needed. (b) The applicant shall agree in making the application to be bound by all of the provisions of this Article and the rules and regulations established by the Town Administrator/Clerk. (Ord ; Ord ) Sec Fees. A fee shall be charged for each application filed under this Article for the following: (1) Sidewalks. The fee for the first fifty (50) feet shall be a base fee, plus an additional fee for each additional ten (10) feet. All fees shall be an amount established by resolution by the Board of Trustees to offset the Town's costs. Any person desiring to occupy any portion of a street, alley, sidewalk or other public place in connection with the erection, construction, 11-5

7 Streets. Sidewalks & Public Property Excavations (2) Parking areas. The fee shall be assessed per space or portion thereof per month, with a minimum charge. The fee shall be an amount established by resolution by the Board of Trustees to offset the Town's costs. For the purposes of this Article, a space shall be defined as twenty-two (22) feet of frontage for parallel parking. (Ord ; Ord ) Sec Term of permit; renewal and revocation. (a) No permit required under this Article shall be issued for a period of more than ninety (90) days, provided that the Town Administrator/Clerk may renew any such permit for additional ninety-day periods upon written application and payment of the applicable fee as provided in Section (b) Any permit issued under this Article may be revoked by the Town Administrator/ Clerk if the holder violates any of the provisions of this Article or the rules and regulations of the Town or if the work allowed by the permit unduly interferes with pedestrian or vehicular traffic. (Ord ) Sec Insurance. Any person applying for a permit under this Article shall file with the Town adequate proof of insurance during the period of construction, and naming the Town as an additional insured on the policy and indemnifying and holding harmless the Town against and from all damages or claims for damages, loss, costs and charges or expenses that may be brought against it by any person on account of injury to persons or property resulting from or occasioned by reason of the occupation of the street, alley, sidewalk or public place. (Ord ) Sec Adequate drainage and access to fire hydrants required. Any person holding a permit under this Article shall take such measures as may be required to ensure that adequate drainage is maintained around the obstruction. All fire hydrants shall be kept clear of all building materials, rubbish and other obstructions, easy access to such hydrants shall be provided, and such fire hydrants shall be kept clear at all times. (Ord ) Sec Removal of obstruction upon completion of work. Upon completion of work, the permit holder shall remove all obstruction, materials, debris and rubbish within ten (10) days. (Ord ) Sec Permittee liable in case of nonconformance. If any permit holder fails to do anything required hereunder, the Town Administrator/ Clerk may cause the work to be done, and the cost shall be charged to the holder of the permit, and the holder of the permit shall be liable for such costs. (Ord ) Sec Penalties. Any person convicted of violating the provisions of this Article shall be punished in accordance with the provisions of Section of this Code. (Ord ) ARTICLE 4 Encroachments Sec Limitations. No encroachment whatsoever other than that provided for by law or by this Article or some 11-6

8 Streets. Sidewalks & Public Property Encroachments other Town ordinance shall be made upon any street, alley, sidewalk or other public place within the Town. (Ord ) Sec Permit required; application. Any person desiring to erect a fence, barrier, post or other obstructions or encroachments upon any portion of a street, alley, sidewalk or other public place within the Town shall make written application to the Town Administrator/ Clerk for a permit on a form prepared and provided by the Town. (Ord ) Sec Contents of application. (a) The application shall contain the following information: (1) The applicant's name, address and telephone number; (2) The street, alley, sidewalk or other public place affected and the extent affected; (3) The type of encroachment, obstruction or other structure; and (4) The purpose of the proposed encroachment, obstruction or other structure. (b) The applicant shall agree in making the application to be bound by all of the provisions of this Article and the rules and regulations established by the Town Administrator/Clerk. (Ord ) Sec Approval; permit fee; revocation. (a) The application shall be made to the Town Administrator/Clerk. The Town Administrator/Clerk shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit, shall determine that the proposed encroachment, obstruction or other structure does not constitute a nuisance, destroy or impair the use of the right-of-way by the public or constitute a traffic hazard. Additional special condition may be imposed to ensure there is no impairment. No permit shall be issued where those conditions are found to exist. (b) At the time of issuance of a permit hereunder, the applicant shall pay a fee in an amount established by resolution by the Board of Trustees to offset the Town's costs. (c) Any such permit so issued may be revoked by the Town Administrator/Clerk at any time the conditions in this Article are found to exist, or when it is determined the property upon which the encroachment, obstruction or structure exists is required for use by the public. (Ord ; Ord ) Sec Insurance. Any person applying for a permit under this Article shall file with the Town adequate proof of insurance during period of construction, naming the Town as an additional insured on the policy and indemnifying and holding harmless the Town against and from all damages or claims for damages, loss, costs and charges or expenses that may be brought against it by any person on account of injury to persons or property resulting from or occasioned by reason of the occupation of the street, alley, sidewalk or public place. (Ord ) Sec Notice to remove encroachment. Whenever any encroachment, obstruction or structure is made contrary to the terms of the permit, without a permit or at such time as the permit is revoked as provided by this Article, the Town Administrator/Clerk shall give notice to 11-7

9 Streets. Sidewalks & Public Property Encroachments the person who made or located such encroachment, obstruction or structure or caused or permitted it to be done or who owns or controls the premises with which such encroachment, obstruction or structure is connected to remove such encroachment, obstruction or structure. It shall be removed within ten (10) days after notice. (Ord ) Sec Noncompliance with notice; removal of encroachment. (a) If any notice given under Section is not complied with, the Town Administrator/Clerk is hereby authorized and empowered to cause the removal of the encroachment, obstruction or structure. (b) Upon completion of such removal, the Town Administrator/Clerk shall certify the cost of such removal and shall send by certified mail addressed to the owner of the premises with which the obstruction is connected a notice of such removal, the cost incurred for such work, and a statement that the cost of the work will be assessed against the owner's lot, tract or parcel of land if such cost is not paid to the Town within ten (10) days after mailing of such notice. (Ord ; Ord ) ARTICLE 5 Cemetery Sec Dedication. The Town hereby dedicates a municipally owned cemetery, known as Wellington Highland Cemetery, hereinafter referred to as the Cemetery, located in Section 27, Township 9 North, Range 68 West of the 6th P.M., Larimer County, Colorado. The Board of Trustees shall have the power and duty to supervise and control the operation, sale and care of the lots therein. The Board of Trustees may enter into contracts for opening and closing graves and for the general maintenance and care of the cemetery. (Prior code ) Sec Lot fees; regulations. (a) No lot shall be sold after January 14, 1979, unless the purchaser thereof also pays a fee for its perpetual care. The Board of Trustees shall, from time to time, by resolution establish the amount of the fees to be paid for lots, perpetual care, opening and closing a grave, disinterments and other charges designated by the Board of Trustees. Upon the payment to the Town Administrator/Clerk of the purchase price of any lot and the sum charged for perpetual care, the Mayor and Town Administrator/Clerk shall execute and deliver a deed of conveyance therefor, which shall be subject to the provisions of this Subsection and amendments thereto. Lots shall only be sold for cash. (b) The Town Administrator/Clerk shall keep accurate records of all lots sold, and shall also keep an accurate, up-to-date map of the Cemetery, showing the location of lots and of each burial made therein. (c) Burial of two (2) persons under the age of five (5) years may be made in a particular lot. The Board of Trustees may set a lower fee for a burial space, for a grave opening and for perpetual care of a deceased person under the age of five (5) years. (Prior code ; Ord ) Sec Perpetual Care Fund. The Town Treasurer shall keep all money received as perpetual care fees in a separate fund to be known as the Perpetual Care Fund. The Board of Trustees may, but is not required to, transfer other funds of the Town into the Perpetual Care Fund. Amounts in the perpetual care 11-8

10 Streets. Sidewalks & Public Property Cemetery fund shall be used for the care and maintenance of the Cemetery. The Town Treasurer shall invest the money in the Perpetual Care Fund in such a manner as may be approved by written resolution of the Board of Trustees and authorized by law. The income derived from investment of funds in the Perpetual Care Fund shall be paid into the Perpetual Care Fund. Disbursements from the Perpetual Care Fund shall be made by the Town Treasurer for the care and maintenance of the Cemetery in such amounts and for such purposes as are designated by the Board of Trustees. The Board of Trustees may, but is not required to, order disbursements from the principal, as well as the income of the Perpetual Care Fund. (Prior code ; Ord ) Sec Permits; decorations. (a) A written permit shall be obtained from the Town Administrator/Clerk before any of the following articles is placed in the Cemetery: any monument; any vault, marker or other structure, obstruction or improvement of a permanent nature such as a fence, railing, box, shells, stones, metal design, urn, bench or case; or any planting except as hereinafter allowed for plantings such as annual flowers. A written burial permit shall be obtained from the Town Administrator/Clerk before any burial is made. A written disinterment permit shall be obtained from the Town Administrator/Clerk before any disinterment is made. A written permit shall be obtained from the Town Administrator/Clerk before any transfer, assignment or conveyance of any right or any interest in the Cemetery is made. No change of ownership of any interest in the Cemetery is effective until after the Town has received notice thereof and has made the change on its records. The decision of the Town Administrator/Clerk in granting or denying a permit hereunder is subject to review by the Board of Trustees. The decision of the Board of Trustees is final. (b) Ornamentals or decorations such as annual flowers, moveable vases or wreaths may be placed upon a lot without a permit. The Board of Trustees, in its sole discretion, may order the removal of any ornamental, decoration or other object placed in the Cemetery without notice. (Prior code ) Sec Time schedule. The Cemetery shall be open from 8:00 a.m. to 8:00 p.m. from April 1 through August 30 of each year and from 8:00 a.m. to 5:00 p.m. from September 1 through March 30 of each year. (Prior code ) Sec General provisions. No person shall: (1) Engage in any activity described in Subsection (a) for which a permit is required without obtaining a permit. (2) Enter upon the grounds of the Cemetery when the gate is locked or at any other time except when it is open to the public, without first obtaining written permission from the Chief of Police. (3) Inter any deceased person within the corporate limits of the Town except in the cemetery. (Prior code ; Ord ) Sec Provisions severable. The provisions of this Article are hereby declared to be severable, and if any section, provision or part thereof shall be held unconstitutional or invalid, the remainder of this Article shall continue in full force and effect, it being the intent of the Board of Trustees that this Article would have been adopted even if such unconstitutional or invalid matter had not been 11-9

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