2326•
•
•
ORDINANCE NO. 2326
AN ORDINANCE CREATING 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 created as
follows:
12.14.010 Purpose: This chapter is enacted for the purpose of establishing the procedures to be followed
for obtaining a license for the installation of a structure or placement of any other item on
sidewalks. Any structure or any other item that could impede travel in, or the general use of, the
sidewalk shall be prohibited.
12.14.020 Definitions: The following terms and phrases when used in this chapter shall have the following
meaning:
A."Address" means the address appearing on the license application, or in a written notice of
address change, or amended license application filed with the Community Development
Department.
B."License" means the document issued by the city granting permission for use of the sidewalk.
License, by definition, does not convey any property right, or any other vested right, title or
interest, and is revocable at-will by the city.
C."Licensee" means the person to whom a license has been issued.
D."Sidewalk" means all public property whether improved or unimproved that is dedicated for
sidewalk use that includes but is not limited to motorized and non-motorized transportation,
drainage, and utilities.
12.14.020 License required: A license shall be required for all sidewalk uses. Any unlicenced structure on
the sidewalk prior to the enactment of this chapter shall not be construed as having any property
right or a vested right of use. The city has the authority and retains the right to require that any
unlicenced structure on the sidewalk existing prior to the enactment of this chapter be removed.
12.14.030 Exemptions: Any maintenance work or improvements made within the sidewalk by the city shall
be exempt from this chapter.
12.14.040 Powers of Director: The Community Development Director shall have the power to administer
and interpret all provisions of this chapter.
12.14.050 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 Council.
12.14.060 Application and IssuEvice of License:
•
A. An application for a sidewalk use license shall be filed with the Community Development
Department. All applications must be submitted at least thirty (30) calendar days prior to the
ORDINANCE NO. 2326
PAGE 2 May 22, 2007
proposed use of the sidewalk. Each application shall include, at a minimum, the following
information pertaining to the proposed use:
1.A scale drawing showing the dimensions of the structure that would occupy the sidewalk
along with the specific location of the sidewalk.
2.A description of the use including the duration for the use.
3.Evidence showing the applicant owns the property or has an interest in the property
immediately adjoining the sidewalk.
4.All other information that may be required by the Community Development Director to
process the application.
5.Payment of the license processing fee, if required.
B.The Community Development Director or his or her designee shall review the application to
determine whether the information required is sufficient and to determine whether the
proposed use is consistent with this chapter. The application shall be circulated to other city
departments for comments. If the application is found to be consistent with the requirements
under this chapter, then the Community Development Director or his or her designee may
issue the license and impose conditions as necessary to protect the public health and safety
while preserving the structural integrity of the sidewalk. If the application for a license is
denied, then the applicant may appeal the denial under the appellate process provided for in
this chapter.
C.A license shall be issued for a specified period, unless otherwise revoked, but in no event
shall the license be for a period of more than one (1) year. If the licensee wishes to continue
to use the sidewalk beyond the time prescribed under the license then the licensee may apply
for a renewal of the license within thirty (30) working days prior to the expiration of the license.
12.14.070 License fees: A non-refundable application and processing fee of seventy-five dollars ($75) shall
be charged for each license application received to place a structure on a sidewalk. No applicant
and processing fee shall be required for the placement of other items on the sidewalk. A use fee
shall be imposed that shall be calculated on the basis of the square foot value of the license area
multiplied by the length of the license. The amount of the use fee shall be established from time
to time by resolution. The use fee shall be collected at the time the license is issued.
12.14.080 Insurance: The licensee shall obtain and maintain public liability and property damage insurance
in amount of one million dollars ($1,000,000) which shall remain in full force and effect during the
duration of the license. The insurance policy shall name the city as an additional named insured
and the policy shall not be canceled or reduced without prior written notice to the city at least thirty
(30) days in advance of the cancellation. Proof of insurance shall be provided as a condition for
issuance of the license.
12.14.090 Liens: The licensee, upon receiving notice to remove a structure from the sidewalk shall have ten
(10) calendar days in which to remove the structure unless an extension is granted by the
Community Development Director or his or her designee. In the event the licensee fails to remove
the structure within ten (10) calendar days after receiving notice or after receiving an extension
from the Community Development Director or his or her designee , the city shall have the authority
to remove the structure and the cost of removal shall become a lien against the private property
adjoining the sidewalk where the structure was removed. The lien so created shall be subject to
foreclosure pursuant to the foreclosure laws of the state.
12.14.100 Hold Harmless: As a condition for the issuance of the license, the licensee shall agree to defend,
indemnify, and hold harmless the city, its officers, employees and agents for any and all suits,
claims or liabilities caused by or arising out of any work or use authorized by any such license.
ORDINANCE NO. 2326
PAGE 3
May 22, 2007
•
12.14.110 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 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 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.
12.14.120 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
issued under this chapter may be appealed to the 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 Council's decision shall constitute the final decision of the
city.
12.14.130 Violation-Penalty: In addition to any other remedy provided for herein, any violation of the
provisions of this chapter shall be enforced by the Community Development Director or his or her
designee under the provisions of Chapter 1.20 of this code.
12.14.140 Severability: If any section, sentence, clause or phrase of this chapter should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phase of this
chapter.
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.
Adopted by the City Council and signed by its Mayor o ay 22 2007.
ATTEST: z Ronald C. Covey, Mayor
Rona R. Cone, Finance Director
ames A. W itaker, City Attorney
•
•