HomeMy WebLinkAboutORD 24-4937 Temp ROW permit rev -PUBLISH 9-26-24
Prepared by: Susan Dulek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No. 24-4937
Ordinance amending Title 16, entitled “Public Works,” Chapter 1, entitled
“Streets, Sidewalks and Public Right of Way,” Article A, entitled “Streets,
Sidewalks and Public Right of Way Generally,” Section 7, entitled
“Permission Required, Public Right of Way” to establish a permit for
short term use of the right of way.
Whereas, Section 16-1A-7 of the City Code allows the City to enter into agreements with property owners for the use of the public right of way, and by Council resolution the Public Works Director is authorized to sign them; and Whereas, City staff recommends the City Code be amended to create a simple permitting process that allows the Public Works Director to issue a permit for use of the right of way for periods of 14 or less to property owners, contractors, and other persons; and Whereas, it is in the City's interest to adopt the ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 16, entitled "Public Works," Chapter 1, entitled "Streets, Sidewalks and Public Right of Way," Article A, entitled Streets, Sidewalks and Public Right of Way Generally,” Section 7, entitled "Permission Required, Public Right of Way," is amended by adding the underscore text as follows:
No person shall construct or cause to be constructed any encroachment into or over the
public right of way, except as specifically allowed by this code. For any such encroachment into
or over the public right of way that is specifically allowed by this code that exceeds 14 days,
including signs, buildings, and other structures, a use of public right of way agreement must be
signed by the abutting property owner and approved by the city as a part of the approval
process. If the duration of the encroachment is 14 or fewer days, the Director is authorized to
issue a permit to the abutting property owner or other person applying to use the right of way.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law.
Passed and approved this 17th day of September 2024.
s\Bruce Teague, Mayor
Attest:s\Kellie Grace, City Clerk
Submitted to publish on 09/26/2024