Chapter 28.82 — ESTABLISHING PROCEDURE FOR STREET WIDENING SETBACK LINES

Whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the City Council is hereby authorized and empowered to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street, public way or place in the City and to order the establishment of a line to be known and designated as a street widening setback line between which line and the street line no building or structure shall be erected or constructed. The street widening setbacks and the procedures relating to street widening setbacks specified in this chapter 28.82 and Chapters 28.83 and 28.84 are to be distinguished from the general setbacks defined in Chapter 28.04 and established elsewhere in this title. (Ord. 1157 §1, 1923; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975; Ord. 5459, 2008)

After the adoption of the Resolution of Intention, and prior to the time the ordinance establishing setback line or lines in such proceedings becomes effective, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line and any permit so issued shall be void. (Ord. 1157 §3, 1923; Ord. 2585, 1975; Ord. 3710, 1974; Ord. 3769, 1975)

Before ordering the establishment of any setback line authorized by Section 28.82.009 , the Council shall pass a resolution of intention so to do, designating the distance in from the street, the setback line or lines proposed, shall be established; which resolution shall be published once in a daily newspaper published and circulated in the City, and designated by the City Council for the purpose; and one copy of the resolution shall be posted conspicuously upon the street in front of each block or part of block of any street, public way or place where such setback line is proposed to be established. The resolution shall contain, also, a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed setback line or lines may appear before the Council and present any objection or protest which they may have to the proposed setback line or lines as set forth in the Resolution of Intention. The time of hearing shall not be less than 15 nor more than 40 days from the date of the adoption of the Resolution of Intention; and the publication and posting of the Resolution shall be made at least 10 days before the time of the hearing, and shall be deemed to be and shall constitute the only notice to be given of such hearing.

(Ord. 1157 §2, 1923; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)

• A. At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which the setback line is proposed to be established, may file with the City Clerk a written protest or objection against the establishment of the setback line or lines designated in the Resolution of Intention. Such protest must be in writing, must contain a statement of the facts or reasons constituting the owner's objections and be delivered to the Clerk not later than the hour set for the hearing, and no other protests or objections shall be considered. All protestants may appear before the Council at the hearing, either in person or by attorney, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive, both as to the protestants and all other persons.

• B. The Council shall have power and jurisdiction to sustain any protest or objection and abandon the proceeding, or to deny any and all protests or objections, and order by ordinance the establishment of the setback line or lines described in the Resolution of Intention, or to order the same established with such changes or modifications as the Council may deem proper.

• (Ord. 1157 §4, 1923; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)

From and after the taking effect of such ordinance establishing any setback line or lines, it shall be unlawful for any person, firm or corporation to construct any building, wall, fence or other structure within the space between the street line and the setback line, so established, and no permit for any building or structure to be erected within such space shall be issued.

(Ord. 1157 §5, 1923; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)

Any person, firm or corporation violating any of the provisions of any ordinance establishing any setback line pursuant to this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of such ordinance is permitted, continued or committed by such person, firm or corporation, and shall be punishable therefor as provided by this chapter. (Ord. 1157 §6, 1923; Ord. 2585, 1957; Ord. 3710, 1974)