HomeMy WebLinkAbout2013 04 23 Public Hearing 502.3 WS-1 Code Enforcement Division
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Case Number 13-0028992
965 Sequoia Dr.
Sarah & Edward Morrisey
Sec. City Ord. 17-1 Obstruction
Date of Service: April 4, 2013
Inspector C. Flannigan
; .5 ,� , s Code Enforcement Division
POLICE
1.
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• On March 18, 2013 I observed a basketball hoop in the
right of way, and that the basketball hoop was tethered to
the concrete light pole. The neighbor's address was used
originally, due to the location, the notice itself was posted
on the basketball hoop itself. This is not the only
Basketball hoop in the area that is tethered, there was
violations written for those properties also.
• Notice of violation was mailed on March 25, 2013 . USPS
shows that the Notice was delivered on March 28, 2013 .
s%.5 ,� , s Code Enforcement Division
POLICE
1.
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• Captain Deisler has spoken with the owner, and advised
that he requested to allow the Code Board rule on this
violation. Captain Deisler advised that City Ord. 17-28
should also be observed in regard to the right of way.
• Notice of Hearing was mailed on April 4, 2013, USPS
website shows this was delivered on April 5, 2013 . The
notice was also posted at the property and City Hall on
April 3, 2013 .
; .5 ,� , s Code Enforcement Division
POLIC-E
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110101 ►
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Sec. 17-1. - Obstructing streets and sidewalks; permit required.
• It shall be unlawful for any person to place or deposit, or cause or allow to be placed or
deposited, on any street, avenue, alley or sidewalk, park or other public space within the
limits of the city, any building material whatsoever, or any articles or things which may
obstruct or hinder the traffic thereon, without a special permit from the city commission
or official who has been designated by the city commission to issue such permit. Such
permit shall state clearly what space may be used and what materials may be placed
thereon, the length of time the permit shall remain in force, and the terms and
conditions upon which the authorization for placing materials on public property is
granted.When, in the discretion of the city commission or an official who has been
designated by the city commission, it becomes necessary for the protection of motorists
or pedestrians, the person issued the permit shall'provide adequate protective devices to
include,but not limited to, sheds, walls, and guardrails to protect persons in the area.
Such protective devices shall be constructed in accordance with plans approved by the
city commission, or an official who has been designated by the city commission, and shall
be maintained thereafter during the construction or repair, but under no conditions
shall the streets or sidewalks be obstructed to such an extent to not allow passage of
pedestrian and vehicular traffic.
; .5 ,� , s Code Enforcement Division
POLICE
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Sec. 17-28. - Prohibiting the littering of streets, street rights-of-
way sidewalks; prohibiting removal of trees and shrubbery.
• (a) It shall be unlawful for any person to throw, or cause to be placed or thrown,
dump, or deposit any paper, bottles or pieces thereof, tin cans, garbage, glassware,
refuse, debris or any other offensive, unwholesome or unsightly matter whatever in
or on any street, road, sidewalk, alley, playground, vacant property or any other
public grounds within the city.
• (b) It shall be unlawful for any person to remove, cut, mar, deface, or destroy any
trees, plants or shrubbery which are either planted or natural growths within the
rights-of-way of the streets in the city.
• (c) Any person desiring to plant trees, plants or shrubbery in the city street rights
of-way shall obtain permission from the city commission or an official who has
been designated by the city commission prior to planting.
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In regards to this case I am recommending the Board clarify for
the respondent of the safety concern in the right of way with the
basketball hoop tethered to a pole.