DIVISION 8-03-001
STREETS AND PUBLIC WAYS

SECTIONS:

8-03-001-0001    PUBLIC RIGHT OF WAY ABANDONMENT PROCEDURES:

8-03-001-0002    STREET RESTRICTIONS:

8-03-001-0003    ROAD AND BRIDGE CONSTRUCTION SPECIFICATIONS:

8-03-001-0004    REMOVAL OF SNOW AND/OR ICE:

8-03-001-0005    TEMPORARY CLOSURE OF PUBLIC RIGHTS OF WAY:

8-03-001-0001 PUBLIC RIGHT OF WAY ABANDONMENT PROCEDURES:

(Rep. by Ord. 1099, 11-6-79)

8-03-001-0002 STREET RESTRICTIONS:

A.    Permit Required: No person shall move any building or frame of any building, or operate any road roller, steam or power shovel, derrick or crane or any vehicle, instrument or appliance of excessive size or weight of a similar nature into or upon any of the public streets, alleys, lots or squares of the City, or cause the same to be upon or otherwise to obstruct the free passage of the streets and alleys without first having obtained a permit therefor in writing from the Clerk, or in the absence of the Clerk, then from the City Manager or Superintendent of Streets.

B.    Crossing Railroad Tracks: In the event it shall be necessary in the moving of any such building or frame of any building, or in the operation of any road roller, steam or power shovel, derrick or crane or any other vehicle, instrument or appliance of excessive size or weight of a similar nature to cross any railroad track within the City limits, before any permit may be issued, the person applying for such permit must show satisfactory evidence that he has notified the railroad company over whose tracks such moving or crossing is to take place, of the manner in which such movement or crossing is to be made and that he has employed from such railroad two (2) competent flagmen for the purpose of flagging trains in each direction along such tracks from the point at which such movement or crossing is to be made, and that the time of such movement or crossing will not conflict with the operation of trains so as to endanger life or property. (Ord. 298, 12-17-36)

8-03-001-0003 ROAD AND BRIDGE CONSTRUCTION SPECIFICATIONS:

The Arizona Highway Department Standard Specifications for Road and Bridge Construction, Edition of 1969, heretofore designated and declared to be a public record by Ordinance 823, be and the same is hereby adopted, excepting Section 100--General Provisions thereof, and by this reference made a part hereof as fully and completely as if fully set forth herein. (Ord. 825, 1-25-72)

8-03-001-0004 REMOVAL OF SNOW AND/OR ICE:

A.    Deposit on Public Thoroughfares: It shall be unlawful for any person within the corporate limits of the City to remove or cause to be removed any snow or ice from any private property within said City and place or deposit same upon a public street, avenue, alley or sidewalk within the City. For purposes of this section, "person" means any person, firm, partnership, association, corporation, company or organization of any kind, public or private.

B.    Removal Required: Any person who owns, leases or occupies a building, lot or parcel of land bordering any public street, avenue, alley, square or other public place within the City shall at all times keep the sidewalks, curbs, and crosswalk ramps abutting upon or adjacent to the building, lot or parcel owned or occupied by them free and clear of any accumulation of snow, ice, or other obstruction. Any such person who fails to remove the snow, ice, or other obstruction from the sidewalks as promptly as reasonably possible, but in any event no later than twenty-four (24) hours after the accumulation of snow and ice, shall be deemed guilty of a misdemeanor. Such persons are jointly and severally liable for such responsibility, both criminally and administratively. The removal of snow or ice shall mean free of snow or ice for the entire constructed width and length of the sidewalk, except those with a width exceeding five (5) feet, which must be cleared to a width of at least five (5) feet. The accumulation may be from any source, including snow plows, traffic, precipitation, or drifting. (Amended Ord. No. 2008-31, 11/04/2008)

C.    Comprehensive Planning and Code Administrator Authorized to Correct Hazardous Situation on Sidewalks: Should any person owning, leasing or occupying any building, lot or parcel within the City fail, neglect or refuse to remove from the sidewalk, curbs and crosswalk ramps adjacent thereto all accumulations of snow, ice, or other obstruction from the sidewalk, as required by subsection (B) of this section, including the tops of those curbs which indicate parking restrictions, and clear passage of sidewalk ADA ramps leading to crosswalks, then the Comprehensive Planning and Code Administrator (the "Code Administrator") is authorized to remove such snow, ice or other obstruction. If the Code Administrator intends to charge any person responsible for keeping sidewalks, curbs, and ramps abutting the premises clear of snow or ice, then the Code Administrator will satisfy the requirements of this section. For purposes of this section, "Comprehensive Planning and Code Administrator" means the City of Flagstaff’s Comprehensive Planning and Code Administrator, or his or her designee. (Amended Ord. No. 2008-31, 11/04/2008)

D.    If the Code Administrator finds that any portion of a sidewalk, curb or ramp has not been cleared of snow or ice as required by subsection (B) of this section, and that a hazardous condition exists, the Code Administrator is authorized to charge the costs of clearing the snow or ice to the person responsible under this section.

1.    The Code Administrator will notify the person who owns, leases or occupies any building, lot or parcel of land that such person must remove the snow or ice within the earlier of twenty-four (24) hours or 12:00 noon of the day following the notice.

2.    Notice under this subsection is sufficient if hand delivered, emailed or telephoned to such person, or by posting on the premises. The Code Administrator shall provide at least one (1) notice per annual snow season (November 1st to April 1st) to persons responsible for keeping public sidewalks, curbs or ramps clear of snow or ice. After the first notice has been sent, the Code Administrator may cause the public sidewalks, curbs and ramps to be cleared after the time period set forth in subsection (B) of this section.

3.    The notice shall state that the snow or ice shall be removed and that, if it is not removed within the earlier of twenty-four (24) hours or 12:00 noon of the day following the notice, the removal may be done at the behest of the City and all costs of the snow or ice removal may be imposed.

E.    Charges for Snow or Ice Removal: If the person so notified fails to remove the snow or ice as required by the notice prescribed by subsection (D) of this section, then the Code Administrator may cause the snow or ice removal to meet the requirements of this section and charge the costs thereof, the costs of inspection, plus an additional fifty dollars ($50.00) for administrative costs, to the person so notified and the owner, jointly and severally.

F.    Hearing Procedure: An owner or occupant from whom a bill for snow or ice removal costs is collectible, as set forth above, may request an administrative hearing with regard to the bill under the procedures which follow.

1.    Within ten (10) calendar days after receipt of the bill for the costs of removal of snow, ice or other obstruction from the City, as provided in subsection (D) of this section, the responsible party may request an administrative hearing regarding the written notice and the bill. The request for hearing must be in writing, state the objections to the notice and the bill, and be mailed or delivered to the Code Administrator.

2.    Upon receipt of the hearing request, the Code Administrator shall forward a copy of the request to the Municipal Court Administrator for assignment to a Municipal Court judge who shall preside as an administrative hearing officer. The Municipal Court Administrator shall promptly notify the parties of the hearing date for the matter. Neither the City nor the responsible party is required to be represented by counsel, but may be if they so choose. No pre-trial discovery shall be permitted absent extraordinary circumstances. Immediately before the hearing, both parties shall produce for inspection any exhibits and written or recorded statements of any witness which are to be offered at the hearing. Failure to produce exhibits or statements may result in the hearing officer denying admission of the evidence not produced. The hearing officer may call and examine witnesses, including the responsible party. All testimony shall be given under oath or affirmation. No person may be examined or cross-examined at a hearing except by the hearing officer, an attorney for a party, or the responsible party. The Arizona Rules of Evidence shall not apply in the hearing; any evidence offered may be admitted subject to a determination by the hearing officer that the offered evidence is relevant, material, and has some probative value to a fact at issue. If the party requesting the hearing fails to appear, the hearing officer may enter a finding for the City.

3.    If the hearing officer determines, after hearing the parties and considering their evidence, that the City’s notice to the responsible party was accurate, delivered to the proper party or parties, and that the bill for the actual cost of removal was supported by the City’s evidence, then the hearing officer shall make a finding for the City on the bill. The responsible party may appeal the hearing officer’s decision to the City Council at a regularly scheduled meeting by filing a written request with the City Clerk for appeal within five (5) days after receipt of the hearing officer’s decision. The request for appeal shall specify the grounds for reversal of the hearing officer’s decision. The City Council may affirm, reverse, amend or remand the matter to the hearing officer if it finds that the hearing officer’s decision is not supported by substantial evidence, is arbitrary and capricious, or is not in conformance with the law.

G.    If no hearing was requested on the notice or amount assessed for removal, or if an appeal was taken and the Council affirmed or modified the amount of the assessment, the assessment shall be recorded in the office of the Coconino County Recorder, including the date, amount of the assessment, and the legal description of the property against which the assessment is made. From the date of its recording, the assessment shall be a lien on the property and shall accrue interest at the rate prescribed by Arizona Revised Statutes, Section 44-1201. The City shall have the right to bring an action to enforce the lien in the Superior Court of Coconino County at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording of the assessment. A prior assessment for the purposes provided in this section shall not be a bar to subsequent assessment or assessments for such purposes, and any number of liens on the same property may be enforced in the same action.

H.    Both Prosecution and Correction of Condition Authorized: Proceeding under subsections (C) through (G) of this section shall not prevent or bar the City from prosecuting under subsection (B) of this section, nor shall prosecution under subsection (B) of this section prevent or bar the City from proceeding under subsections (C) through (G) of this section.

(Ord. 2001-03, Amended, 02/06/2001; Ord. 2008-31, 11/04/2008; Ord. 2013-01, Amended, 02/05/2013)

8-03-001-0005 TEMPORARY CLOSURE OF PUBLIC RIGHTS OF WAY:

A.    No parade, exhibition, street dance, street fair or other similar purpose shall occupy, march or proceed along any public right of way except in accordance with a permit issued by the City Manager. Such permit shall be required five (5) days prior to any such procession or occupation of a public right of way. This section shall not apply to motorized funeral processions, or to any picketing, protest, demonstration or similar activity in the lawful exercise of First Amendment rights. (Ord. 1712, 8/20/91)

B.    All permit applications shall contain such information as shall be required by the City Manager. Processing of said applications shall be in a manner determined by the City Manager.

C.    After consultation with appropriate City divisions, the City Manager, or his designee, may issue a parade or right-of-way occupation permit to use or occupy City rights-of-way conditioned upon the applicant’s written agreement to comply with the terms of said permit. (Ord. 1712, 8/20/91)

D.    The permittee shall be responsible for the placement and removal of all barricades as required by the terms of the permit.

E.    The permittee shall be required to obtain all inspections and licenses as may be required by the City.

F.    Upon denial by the City Manager of an application made pursuant to this Section, the applicant may appeal the determination of the City Manager within five (5) days thereafter to the City Council by filing written notice of appeal with the City Clerk. At its next regular Council meeting, the City Council shall hear the appeal of the applicant, along with the recommendation of the City Manager and appropriate division heads. The City Council may reverse, affirm and modify in any regard the determination by the Manager.

G.    Any permit for a parade, exhibition, street dance, street fair or other similar purpose issued pursuant to this Section may be summarily revoked by the City Manager at any time when by reason of disaster, public calamity, riot or other emergencies the City Manager determines that the safety of the public or property requires such revocation. Whenever possible, notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail. (Ord. 1712, 8/20/91)

H.    Nothing in this Section shall be construed to supersede or restrict Title 6, Chapter 1, Section 2 of the City Code.1 (Ord. 1195, 2-16-82)

(Ord. No. 1712, Amended, 08/20/91)

1    Section 6-1-2 deals with restrictions on assemblies in public ways and unlawful assemblies.