2506ORDINANCE NO. 2506
AN ORDINANCE AMENDING CHAPTER 12.14 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "SIDEWALK USE LICENSES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 12.14 of the Moses Lake Municipal Code entitled "Sidewalk Use Licenses" is amended
as follows:
12.14.060 Sidewalk Use License. The issuance of a license shall be required for the installation of
structures on a sidewalk or the placement of any other item. A sidewalk use license issued
under this chapter shall not authorize any structure that impedes the safe and efficient use of the
sidewalk. The term of the license may be for up to one (1) year. Examples of items that may
qualify for a sidewalk use license include but are not limited to: signage, trash receptacles,
benches, banners, street furniture, decorations, food service tables, special and unique
structures such as trestles, fountains, clocks, flagpoles, and kiosks. Sidewalk use licenses shall
only be issued to applicants who can demonstrate ownership interest in the private property or
a rental or leasehold interest in the property immediately adjoining the sidewalk that is the subject
of the licensed use. Sidewalk use licenses, unless otherwise revoked, may be renewed upon
expiration at the discretion of the Community Development Director or his or her designee. A
sidewalk use license may be revoked or modified by the Community Development Director or
his or her designee in accordance with the provisions of this chapter, or at-will by the City
Council.
12.14.120 Revocation of License:
A. All licenses issued under this chapter shall be temporary and shall not vest any right, title, or
interest in the sidewalk, and may be revoked at-will by the City Council, or revoked by the
Community Development Director or his or her designee for any of the following reasons:
1.In the event of any violation of the terms and conditions of the license, including but not
limited to the failure to maintain insurance as required by this chapter.
2.In the event a structure becomes unsafe or unsightly and the licensee fails to take
appropriate corrective action,
3.In the event the licensee fails to use the sidewalk as provided for under the license.
4.In the event the city shall need the use of the sidewalk.
B The licensee shall be notified of the revocation by certified letter sent to the licensee's
address.
C.The licensee shall be responsible for all costs necessary to remove the structure from the
sidewalk and for the restoration of the sidewalk.
D.The revocation of a license by the Community Development Director, or his or her designee,
except for the failure to maintain insurance as required by this chapter, may be appealed
under the appellate process provided for in this chapter. The City Council retains and
reserves the authority to modify or revoke a license at-will and the decision is not subject to
further appeal under the laws of this state.
12.14.130 Appeal: Any decision by the Community Development Director or his or her designee resulting
in the denial of a sidewalk use license application or the revocation of a sidewalk use license •
Adopted by the City Council and signed by its Mayor on J 28;20
Ronald C. Covey, M
ATTEST:
APPR•ED AS TO FORM: e
es A. Whit.ker, City AII, ney
ORDINANCE NO. 2406
PAGE 2 July 28, 2009
issued under this chapter may be appealed to the City Council by filing a notice of review with
the Finance Director within ten (10) calendar days from the date the notification of the denial or
revocation is sent by certified mail. The City Council's decision shall constitute the final decision
of the city.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication
of its summary as provided by law.
Ronald R. Cone, Finance Director
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