Ordinance 2718-03 - Laserfiche WebLink

A. Resolution of Encroachments—Timing. (1) In cases where the encroachment is located on the abutting property and extends into the applicant's property, the resolution of the encroachment must occur prior to application submittal. (2) When the encroachment is located on the applicant's property, one of the following must occur: (a) if the applicant proposes to remove the encroachment as part of the land division or BLA action, preliminary approval may be issued subject to removal prior to final approval; or (b) if the applicant does not propose to remove the encroachment,then resolution of the encroachment must occur prior to preliminary approval. (3) If the conveyance method is utilized to resolve an encroachment,provision(such as a penumbral easement)must be made for maintenance of the physical appurtenance which had been encroaching. The deed shall be recorded concurrently with or prior to final approval. B. Resolution of Gaps—Timing. Gaps shall be resolved by the following means: (1) the applicant shall,prior to final approval, execute a quitclaim deed releasing all interest in the gap; and (2) if the physical appurtenance belongs to the abutting property owner, it shall be left in place but a new fence, or other permanent form of demarcation of the lot line of record, acceptable to the City, shall be erected on the lot line of record. In the event the applicant constructs a new fence to resolve a gap, the fence shall be a minimum of 4 feet in height and shall meet City standards for such a fence. Provided, however, the City reserves the right to allow gaps to be resolved through other means not specifically listed herein. C. Resolution of Gaps by Conveyance Method—Failure of Abutting Property Owner to Accept Deed. Where the conveyance method described in subsection B above is used to resolve a gap but the abutting(i.e., receiving)property owner refuses to accept the deed instrument, the quitclaim deed may be executed by the applicant and held in trust by the City for the abutting (receiving property) owner. Provided, however, when that occurs, a notice shall be filed with the County Auditor on the title of the abutting property indicating that the City is holding such an instrument in trust and that legal description of the gap will become the property of the abutting property owner at such time as the instrument is accepted and recorded. Section 9: Section 7.F.3.a of Ordinance No. 2328-98, as amended by Ordinance No. 2536-01 (EMC 18.28.080.A), is hereby amended by the addition of the following: 3. All trees shall be a minimum of 1 %2 inch caliper and 6 feet tall at the time of planting. 4. All trees required by this title shall be located outside of the public right-of-way, unless approved by the City Engineer. Section 10: Section 7.F.3.b(ii) of Ordinance No. 2328-98, as amended by Ordinance No. 2536-01 (EMC 18.28.080.A), which reads as follows: ii. On a common property line adjacent to contiguous property or land, the minimum standards shall be a four-foot-high privacy fence, street trees at an average of one tree per thirty feet, and lawn/sod or ground cover; or a vegetative hedge with