City Clerk

AN ORDINANCE OF THE CITY COUNCIL AMENDING HOMER CITY CODE REGARDING DRIVEWAY PERMIT, SECTION 11.08.040, PERMIT REQUIRED.

WHEREAS, The City Council adopted Resolution 03-159 which amended the City of Homer Fee Schedule, Planning and Zoning Department, regarding Driveway Permit Fees; and

Driveway Permit from $15 to new fees:

Residential $45

Commercial $60

Long $105

WHEREAS, It is the Administration's and Council's intent that the Code reference the fee schedule where ever and when ever applicable; and

WHEREAS, The City of Homer Fee Schedule will typically be amended during the Budget Process.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. That HCC Section 11.08.040 is hereby amended to read as follows:

11.08.040 Permit--Required. a. Any owner of abutting property desiring to gain access, or to enlarge or change the location of an existing access to a road or street right-of-way shall do so only in strict accordance with the provisions of a permit issued by the City. Written application must be made to secure such a permit from the City through the City Planner. Each application for a permit shall be accompanied by a fee in the amount determined by Council Resolution and set forth in the City of Homer Fee Schedule of fifteen dollars.

b. It is understood by the applicant that control of the location, construction and maintenance of driveways is under the supervision of the City at all times and that in granting such permit the City waives none of its powers or rights to direct the removal, relocation, and/or proper maintenance in the future of any driveway within the right-of-way of the City roads, streets, or trails. Any permit granted will be construed as regulatory and not contractual. Such permits are revocable by the City whenever the use and presence of a driveway or approach unduly interferes with the required use of that portion of the right-of-way occupied by the driveway or constitutes a hazard to traffic. (Ord. 95-22(S) '1, 1995; Ord. 78-9 '1, 1978; prior code '14-400.3).

Section 2. This ordinance is a general ordinance of a permanent nature and shall be included in the City Code.

Page Two

City of Homer

Ordinance 04-02

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ____ day of ___________________, 2004.

CITY OF HOMER

_____________________________

ATTEST: JACK CUSHING, MAYOR

MARY L CALHOUN, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and Approved as to form and content:

__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

Fiscal Note: NA

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