Chapter 31
PUBLIC RIGHT-OF-WAY1

Art. I.    Right-of-Way, §§ 31-131-32

Div. 1.    Generally, §§ 31-131-11

Div. 2.    Construction, §§ 31-1231-15

Div. 3.    Safety, §§ 31-1631-32

Art. II.    Curbs and Sidewalks, §§ 31-3331-65

Div. 1.    Generally, §§ 31-3331-45

Div. 2.    Construction, Reconstruction and Repair, §§ 31-4631-65

Art. III.    Encroachments, §§ 31-6631-84

Art. IV.    Street Names and House Numbering, §§ 31-8531-99

Art. V.    Vacation of Public Rights-of-Way, Easements, and Plats, §§ 31-10031-117

ARTICLE I. RIGHT-OF-WAY

DIVISION 1. GENERALLY

Sec. 31-1. Short title.

This chapter shall be referred to as the “Right-of-Way Ordinance of the City of Lewiston.” (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-2. Definitions.

As used in this chapter:

City standards means the most current adopted city standard drawings and specifications.

Clear vision area means the triangular area within the intersection of the linear extension of the lateral curblines, or edges, if no curb exists, of two (2) roadways, or a roadway and a railroad and extending back from the point of the intersection along each roadway or railroad a distance of forty (40) feet; except that where the angle of intersection is less than thirty (30) degrees, a greater distance may be required as determined by the director.

Curbs means curb and gutter combination sections, including paving of those areas between the curb and existing street pavement or to a distance to ensure sufficient cross drainage as per the city of Lewiston standard drawings.

Department of public works, hereinafter referred to as “department,” means department of public works of the city of Lewiston, Idaho. The director of public works or his appointed agents shall be authorized to act in the department’s behalf.

Director means the director of the department of public works or his designee who shall be authorized to act in the department’s behalf.

Emergencies means:

(1) Work that is a combination of unforeseen circumstances or the resulting state that calls for immediate corrective action which must be performed outside of the city of Lewiston’s normal working hours.

(2) If a permit was not taken out on the next working day, the act would be considered a code violation, and legal guidance from the city attorney’s office would be requested.

Engineering means the engineering section of the department of public works of the city of Lewiston.

Encroachment means a structure which exists permanently or semipermanently within the public right-of-way.

Major remodeling occurs when the value of additions, alterations or repairs, within any twelve-month period, exceeds fifty (50) percent of the value of the existing building or structure constructed after 1950; or for buildings or structures constructed in 1950 or earlier, major remodeling occurs when the value of additions, alterations, or repairs, within any twelve-month period, exceeds one hundred (100) percent of the value of the building or structure.

Manufactured home means manufactured home, as defined by Chapter 10 of this code.

New construction means the construction of any building or structure, as those terms are defined in the building code, including the installation of any manufactured home or prefabricated structures for which a permit is issued after the effective date of the ordinance codified in this section.

Person means an individual, partnership, corporation, association, business venture, public or private utility or special service district.

Right-of-way means improved or unimproved public property, dedicated or deeded to the city for the purpose of providing for vehicular, pedestrian and public use.

Routine maintenance services means the raising of utility fixtures, including necessary excavation, after city street improvements, the placement of utility poles, and any other maintenance or modification of existing utility facilities which does not require excavation of city street pavement, curb, gutter or sidewalk.

Sidewalks means sidewalks as per the city of Lewiston standard drawings.

Streets means right-of-way.

Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Substantial public improvement means an improvement that will become part of an existing or anticipated city street and/or building improvement, which promotes the health, safety and welfare of the residents of the city of Lewiston and is constructed with city funds.

Temporary use of right-of-way is any use proposed for the right-of-way of a duration of ninety (90) days or less.

Travel lanes means the portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking areas as illustrated on appropriate city of Lewiston standard drawings.

Travelway means the area between the curb or edges of asphalt which provides the surface for travelway. (Ord. No. 3726, § 1, 10-22-84; Ord. No. 3773, § 3, 4-29-85; Ord. No. 3872, § 1, 8-3-87; Ord. No. 3992, § 1, 1-28-91; Ord. No. 4025, § 1, 12-30-91; Ord. No. 4394, § 1, 4-11-05; Ord. No. 4384, § 1, 11-28-05)

Sec. 31-3. Right-of-way work – Permit required.

No person shall dig up, break, excavate, obstruct, tunnel, undermine, or disturb any street or other public property, place any obstruction thereon or fill in, place, leave, or deposit upon the same any earth, rubbish, garbage, rock or other material that may obstruct, disturb or interfere with the free use thereof without first obtaining a permit therefor from the department. Construction of subdivision improvements performed under a subdivision improvement agreement and which are approved by the department are exempt from the above requirement and do not require a permit. Violations of this section within the travel lanes of the roadway shall constitute a public offense and are punishable as set forth in section 1-7 of this code. In addition to the penalty provision set forth in section 1-7 of this code, the public works director is authorized to immediately abate violations of this section by closing the traffic work zone until such time as the traffic zone is in compliance with this section. No fee permit shall be required for public utilities and districts, including their contractors, which are performing routine maintenance services within public rights-of-way. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 2, 1-28-91; Ord. No. 4025, § 2, 12-30-91; Ord. No. 4384, § 2, 11-28-05)

Sec. 31-4. Same – Application.

An applicant for a right-of-way work permit hereunder shall file with the department an application showing:

(1) Name and address of the party doing the work;

(2) Location of the work area;

(3) Scope of work or use;

(4) Attached plans showing details of the proposed alteration or work;

(5) Estimated cost of the alteration;

(6) Such other information as the department of public works shall find reasonably necessary for the determination of whether a permit should issue hereunder;

(7) Plans shall be required by the department of public works. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 3, 1-28-91)

Sec. 31-5. Same – Conditions for issuance.

(a) The director may issue a permit hereunder when it is determined:

(1) That the work will be done according to the standards of the city.

(2) That the work will not (a) unreasonably interfere with vehicular and pedestrian traffic, (b) adversely affect or demand more than four (4) parking spaces, (c) [interfere with] ingress or egress to and from the adjacent properties.

(3) That the work will not in the opinion of the director be overly deleterious to the surface or foundation of the existing improvements. Where determined appropriate, the director may require the permittee to bore, or utilize other means which will not disturb the existing surface improvements. The applicant shall have the right of appeal of such determination to the city council.

(4) That the proper required bonds are in order and in effect for the duration of the guarantee period.

(5) In cases of emergencies the work may be performed without a permit by a contractor or agency properly bonded and insured with the city; however, a permit shall be taken out and [the work] inspected on the next working day.

(6) When applicant is owner of property adjacent to sidewalk and right-of-way work permit is for sidewalk repair, there shall be no charge for the permit.

(b) Whenever any work for which a permit is required by this chapter has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in an amount equal to the permit fee required by this section. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter or any other penalty as may be presented. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 4, 1-28-91)

Sec. 31-6. Same – Fees.

Before granting the permit, the director shall require the permittee to deposit a fee in accordance with the fee schedule adopted by resolution of the city council. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3818, § 1, 5-5-86; Ord. No. 3992, § 5, 1-28-91; Ord. No. 4506, § 1, 5-12-08)

Sec. 31-7. Insurance required.

(a) The permittee obtaining a right-of-way work permit shall be required to provide and maintain proof of insurance. Proof shall be in the form of a certificate approved by the city. Alternate forms of insurance approved by the city will be acceptable if they meet the minimum required insurance limits. The certificate shall contain a provision that the insurance shown on the certificate will not be cancelled or materially altered without at least thirty (30) days prior written notice to the city.

(b) The insurance required shall contain the following coverages: Comprehensive general liability including blanket contractual, broad form property damage XCU coverages, and completed operations. Minimum limits shall be three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) per occurrence for property damage or three hundred thousand dollars ($300,000.00) combined single limits for both bodily injury and property damage. Comprehensive automobile liability shall also be carried by the permittee which will include owned, nonowned and hired coverages. Limits shall be one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) for property damage or three hundred thousand dollars ($300,000.00) combined single limit. Workman’s compensation and employer’s liability shall also be carried with the employer’s limit of liability no less than one hundred thousand dollars ($100,000.00). The city shall be named as additional insured under all policies. The coverages shall be written with a company(ies) that is licensed and in good standing with the Idaho State Insurance Department and acceptable to the director of public works. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-8. Bonds required.

The following bonds shall accompany an application for a permit hereunder:

(1) Construction and maintenance. The director shall require of contractors a maintenance and construction bond on a yearly basis to be filed with the city for five thousand dollars ($5,000.00) and conditioned that such works done during that year shall be done in accordance with the city’s standards and requirements of the right-of-way work permit. Alternate forms of surety must be approved by the city prior to issuance of a right-of-way work permit. Such work shall be guaranteed for a period of two (2) years. In cases where the estimated cost of a particular project shall exceed five thousand dollars ($5,000.00), the director shall require a construction maintenance bond to be filed with the application for a permit hereunder in an amount equal to one hundred ten (110) percent of the estimated cost and conditioned that such work shall be done in accordance with the city’s standard specifications and the requirements of the right-of-way work permit. Such work shall be guaranteed for a period of two (2) years. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of the city, the director shall order the completion of the work by the city and shall collect the costs from the permittee as permitted by law.

(2) When permit applicant is owner of property adjacent to a sidewalk and right-of-way work permit application is for sidewalk repair, no bond shall be required. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992 § 6, 1-28-91)

Sec. 31-9. Reserved.

Editor’s note – Ord. No. 4595, § 1, adopted Oct. 28, 2013, repealed § 31-9, pertaining to application for vacation of right-of-way, derived from Ord. No. 3726, § 1; Ord. No. 3992, § 7.

Sec. 31-10. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-10. Said provisions pertained to violations of chapter and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-11. Reserved.

DIVISION 2. CONSTRUCTION

Sec. 31-12. Right-of-way standards.

All construction work within the public right-of-way shall be accomplished in accordance with the city standards. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-13. Supervision of work by the department of public works.

(a) The permittee shall notify the department at least twenty-four (24) hours in advance of any work being pursued under a right-of-way work permit. The department shall be provided access to all parts of the work, and shall be furnished with such information and assistance by the permittee as is required to make a complete and detailed inspection. The department may direct the permittee to remove or uncover portions of the finished work which have not been inspected due to improper notification without the costs being incurred by the city regardless of the test results. After examination, the permittee shall restore said portions of the work to city standards.

(b) Upon the completion of all work the permittee shall advise the department that the work is complete and available for final inspection; upon receipt of this notification the department shall cause the work to be inspected. If the inspection reveals the work to have been performed in a satisfactory fashion the department shall so advise the permittee.

(c) In the event the work has not been completed in a satisfactory fashion, the department shall advise the permittee of the nature and extent of the deficiencies. Unacceptable work shall be removed and replaced to an acceptable condition at the permittee’s expense.

(d) Unacceptable work shall be defined as those repairs which:

(1) Deviate vertically more than one-quarter (1/4) inch per linear foot from the undisturbed surface abutting the repaired area, or

(2) Have cracked or no longer provide a waterproof surface, or

(3) Deteriorate to a condition where a friction course is not being provided.

(e) When the corrective work has been completed the permittee shall so advise the department. The department shall then cause the work to be reinspected and determine if the work is in accordance with the city standards and acceptable. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 8, 1-28-91)

Sec. 31-14. City notification and authorization to construct, reconstruct, and/or repair improvements when owner or permittee fails to do so; notice of order.

When any work within a public right-of-way is directed by the city to be completed or when any work addressed within a right-of-way work permit is not completed or not completed in accordance with the provisions of this chapter, the department shall:

(1) Serve notice in writing upon the owner or permittee and surety directing such construction, reconstruction, or repair of improvements in accordance with the city standards and specifications.

The service of such notice may be made by delivery of a copy thereof to the permittee or owner. If the owner or permittee can not be found within the city, the notice shall be sent to his/her last known post office address and service by mail shall be deemed complete upon the expiration of seven (7) working days from the date of the mailing of such notice.

(2) Completion of work and billing to owner or permittee for costs. If the work of constructing, reconstructing or repairing is not begun in accordance with the notice provided for in the preceding subsection within ten (10) working days after the service of such notice or if, having been begun, such work is not completed within fifteen (15) working days or within a reasonable time as determined by the department thereafter, then such improvements shall be constructed, reconstructed, repaired or completed, as the case may be, by the department or contracted to a private contractor as determined by the department. Such construction shall be done under the general direction and supervision of the director.

Upon the completion of the construction, reconstruction or repairs, the cost thereof shall be paid out of appropriated money in the street fund.

Within forty-five (45) days thereafter the finance department shall serve upon the owner or permittee of such property an itemized statement of the actual costs of such construction, reconstruction, repair and administration costs incurred to satisfy the requirements of the permit.

(3) Collection of costs. The cost of such sidewalk construction, reconstruction or repair shall be assessed to the owner or permittee. This assessment shall be as provided in Idaho Code, Sections 50-316 and 50-1008. In addition to the right of a special assessment, the applicant’s surety bond will be utilized to reimburse such costs if the owner or permittee does not correct the work. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 9, 1-28-91)

Sec. 31-15. Cost of relocating existing public utilities.

The cost of relocating existing public utilities in order to conform to the requirements of this chapter shall be borne by the developer or permittee requiring the relocation unless the improvement is a substantial public improvement. If a substantial public improvement as provided for in section 31-2 is proposed, the individual public utility that owns the facilities to be relocated shall be responsible for the cost of such relocation. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 10, 1-28-91; Ord. No. 4025, § 3, 12-30-91)

DIVISION 3. SAFETY

Sec. 31-16. Department of public works to be notified.

Any person excavating, obstructing, or otherwise disturbing any right-of-way, shall notify the department of public works of the city at least twenty-four (24) hours prior to proceeding with any such work. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-17. Barricades and warnings required.

(a) Any person digging, excavating, disturbing, obstructing or undermining any right-of-way pursuant to a right-of-way work permit granted under the provisions of this chapter shall place proper barricades and warning signs to prevent injury to persons and property. All barricades, warning signs, traffic-control devices, and methods shall be in accordance with Part 6, “Traffic Control of Street and Highway Construction and Maintenance Operation” of the “Manual on Uniform Traffic Control Devices.”

(b) If the permittee fails to place and maintain proper traffic-control devices, the city may take action to correct the deficiencies or revoke the permittee’s right to continue work under the right-of-way work permit. Violations of this section within the travel lanes of the roadway shall constitute a public offense and are punishable as set forth in section 1-7 of this code. In addition to the penalty provision set forth in section 1-7 of this code, the public works director is authorized to immediately abate violations of this section by closing the traffic work zone until such time as the traffic zone is in compliance with this section. In the event costs are associated with correcting the problem, such costs shall be billed against the permittee. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 4384, § 3, 11-28-05)

Sec. 31-18. Department of public works may obstruct dangerous right-of-way.

The department may place a barrier, barricade or fence off any portion of any right-of-way which, by reason of any defect, obstruction or special condition, may cause a dangerous condition to exist for the passage of persons or vehicles. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-19. Removal of barricades.

No person shall knowingly and willfully remove, injure or destroy any barricade, fence or other traffic-control device lawfully directed, erected and maintained, whether by the department, permittee, or other persons lawfully authorized. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-20. Moving heavy equipment – Permit required.

No person shall move or cause to be moved any track vehicle or other machinery which does not have rubber tires, rubber tracks or street tracks on or across any crosswalks, sidewalks, culverts, bridges, or any wooden structure over concrete or asphalt paving within the city without having obtained a permit from the department. The owner, or party in charge of any such track vehicle or other machinery shall be held liable for any and all damage done to any of the structures or paving mentioned in the preceding section. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 11, 1-28-91)

Sec. 31-21. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-21. Said provisions pertained to the protection of the right-of-way while moving heavy equipment and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-22. Removal of material from or damage to right-of-way.

No person shall injure or remove any rock, sand, gravel, soil, sod, turf, or like substance from any rights-of-way or public property or cause damage to said rights-of-way or public property without the consent of the department. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 12, 1-28-91)

Sec. 31-23. Clear vision area requirements.

A clear vision area as defined in section 31-2 of this code shall be required and maintained on the corners of all public and private property within the intersection of roadways or of a roadway and railroad, of a roadway and alley or of a roadway. The clear vision area shall contain no trees, shrubs, or other vegetation, fences, walls, signs or other temporary or permanent sight obstructions of any nature exceeding thirty-six (36) inches in height above the existing centerline elevation of the adjacent roadway, except that trees exceeding thirty-six (36) inches in height may be permitted if all branches and foliage be removed to a height of ten (10) feet above the existing centerline elevation of the adjacent roadway. (Ord. No. 4523, § 3, 1-26-09)

Secs. 31-2431-32. Reserved.

ARTICLE II. CURBS AND SIDEWALKS

DIVISION 1. GENERALLY

Sec. 31-33. Sidewalks to be kept clear of snow, leaves, debris.

The owner, occupant, lessor or agent of any property abutting upon any sidewalk shall keep the sidewalk in front of such abutting property free and clear from snow, wood, leaves, weeds, litter, debris or other obstructions or impediments of whatsoever kind except as provided for in sections 6-22 through 6-29 and 31-74 and 31-75. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 13, 1-28-91; Ord. No. 4436, § 6, 3-27-06)

Sec. 31-34. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-34. Said provisions pertained to when snow should be removed from sidewalks and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Secs. 31-3531-45. Reserved.

DIVISION 2. CONSTRUCTION, RECONSTRUCTION AND REPAIR

Sec. 31-46. Specifications; concrete sidewalks and curbs.

All concrete sidewalks and curbs shall be constructed, reconstructed and repaired under the supervision of the department in accordance with the city standards and with specifications on file in the office of the department. Curb cuts within existing or in new construction will be done in accordance with city standards. All work will be under the supervision of the department. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-47. Inspection; director may order construction.

(a) The department may inspect sidewalks and curbs and where any sidewalk or curb is so damaged or defective as to require repair or the construction of a new walk or curb and in all cases where there is no sidewalk or curb, the director shall have the authority to order the owners or agents in charge of property abutting or adjacent to construct a sidewalk or curb as necessary.

(b) Damaged or defective curb and gutter or sidewalks shall be defined as those curbs, gutters, or sidewalks which are:

(1) Separated or vertically misaligned by three-quarters (3/4) inch or greater;

(2) Spalled or have an irregular surface of three-quarters (3/4) inch or greater;

(3) Missing sections or broken into pieces of less than eighteen (18) inches in any measurement. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-48. Order from director to alter curb cuts or replace curb.

Where the use, convenience and necessity of the public requires, the director shall have the authority to order the owners or agents in charge of property abutting or adjacent to where the curb cuts are maintained to alter the curb cut or replace the curb in such manner as it shall find reasonably necessary under the circumstances. Notice and appeal of the director’s order shall be as provided in section 31-14. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-49. Effect of failure to repair, construct or reconstruct.

If the work is not performed pursuant to the order of the director, the department upon approval of the director shall perform the necessary repairs, construction or reconstruction and have the costs associated with such repair assessed against the property pursuant to Idaho Code, Sections 50-316 and 50-1008. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-50. Materials for repaired sidewalks and curbs.

Curbs and sidewalks shall be constructed of concrete, and shall be constructed in accordance with the city standards for such construction on file in the office of the department. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-51. Concrete sidewalks and curbs, or payment of “in lieu” fee, required in conjunction with all new construction and major remodeling; allowing “in lieu” fee to satisfy sidewalk postponement obligation.

(a) Concrete sidewalks and curbs shall be required in conjunction with all new construction and major remodeling, except as provided in planned unit developments and sections 31-51(d) and 31-51.1 of this code. No building permit for new construction, major remodeling of an existing structure or the installation of manufactured homes or prefabricated structures shall be issued by the building official until adequate provisions are made for necessary sidewalk and curb improvements required by this code in conformity with city standards.

(b) Curbs and sidewalks shall meet city standards and be installed under the supervision and control of the department and shall be installed at the expense of the owner of the property abutting the improvements. Improvements shall extend the full length of the parcel which fronts on any public street. Where no grade or line for curbs and sidewalks has been established for such street, curbs and sidewalks shall be constructed at a grade and line approved by the department.

(c) In planned unit developments approved pursuant to Chapter 37 of this code, curbs and sidewalks shall be required on both sides of all streets except as provided hereafter. Within planned unit developments an alternative sidewalk plan that provides for either a payment in lieu of sidewalks or construction of pedestrian pathways remote from the right-of-way may be approved by the city council. Money collected through the “in-lieu-of” program shall be used by the city to construct sidewalks from the planned unit development to other areas within the city. An agreement identifying the lots on which sidewalk construction is required, the lot on which an “in-lieu-of” payment is required and identifying the sidewalks to be constructed with the money collected under the “in-lieu-of” program shall be approved by the city council and recorded with the Nez Perce County recorder.

(d) Exemptions. At the request of the property owner, payment of a fee, in lieu of sidewalk construction, shall be allowed under the following circumstances:

(1) The street in question is a local residential road; and

(2) The side of the street on which the development is occurring has not been identified in the sidewalk master plan as a priority, or desirable for sidewalk installation; and

(3) Sidewalks or postponement agreements do not exist within one (1) block on the same side of the street of the parcel on which development is occurring; and

(4) Curbs and gutters have been postponed; and

(5) The right-of-way is insufficient, cannot be dedicated, and the city is unable or does not desire to purchase adequate right-of-way; and

(6) Where the director of public works determines a hazard may be created by such installation.

(e) The in-lieu fee shall be assessed per lineal foot of street frontage. The cost per lineal foot shall be determined by February 1st each year for all fees paid for the next twelve (12) months based on the current labor and material costs for sidewalk construction.

(f) Money collected through the “in-lieu-of” program shall be used by the city to construct sidewalks within the same neighborhood, as defined in the comprehensive plan, as the fees were generated from, in accordance with the sidewalk master plan.

(g) After notification by the public works department, property owners who have executed a sidewalk postponement application and have been granted said postponement or owners of real property on which a sidewalk postponement has been recorded in the office of the Nez Perce County recorder, where cause for said postponement is no longer valid and cause would not be valid under existing standards, may elect to satisfy the sidewalk construction obligation by paying a fee in lieu of actual sidewalk construction. The “in-lieu-of” fee shall be fifty (50) percent of the fee as computed pursuant to subsection (e) of this section and shall be paid to the city within three (3) years of election. Payment in full of the “in-lieu-of” fee shall discharge the requirement of sidewalk construction of the property owner. If a property owner elects not to pay the “in-lieu-of” fee after notification by the public works department, the postponement shall be called as provided in section 31-51.1(b)(3) and property owners shall construct the sidewalk previously postponed. If sidewalks are not constructed as provided herein the city may perform the necessary work and have the costs of construction assessed against the real property pursuant to Idaho Code, Sections 50-316 and 50-1008. Proceeds collected by the city pursuant to this section shall be used to construct sidewalks as provided by the city’s sidewalk master plan. All other sidewalk postponements granted prior to the effective date of the ordinance codified in this section shall be released; however, if future development that would trigger a requirement for right-of-way improvements under then current city ordinances occurs after the effective date of the ordinance codified in this section, sidewalks shall be constructed as provided by city codes. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 14, 1-28-91; Ord. No. 4132, § 2, 6-26-95; Ord. No. 4270, § 4, 10-30-00; Ord. No. 4394, § 2, 4-11-05; Ord. No. 4539, § 1, 12-28-09)

Sec. 31-51.1. Additional requirements.

(a) Curbs. Curbs shall be required for all new construction, major remodeling, manufactured home installation, prefabricated structures or subdivisions located on all streets.

For all new construction, major remodeling, manufactured home installation and prefabricated structures involving single or duplex residences, the property owner shall be responsible for curb, gutter and sidewalk construction and the city shall be responsible for street construction between the curb and existing street pavement. In all other instances the property owner shall be responsible for curb, gutter, sidewalk and street construction between curb and existing pavement, all in conformity with city standards.

Curbs may be postponed by the public works director if:

(1) A storm drainage problem would be created; or

(2) The centerline of an existing street has not been formally designated.

Postponement in no way relieves the abutting property owner from the responsibility to construct curbs to city standards at such time as it becomes necessary, as determined by the public works director, for public safety or storm drainage.

(b) Sidewalks. Sidewalks shall be required on all streets except as provided for in section 31-51 of this code.

(1) Sidewalks shall be constructed under the supervision and control of the director in accordance with current city standards and shall be constructed at the expense of the owner of the property in front of which the sidewalk is constructed, except as may be provided by the city council for substantial public improvements.

(2) Construction of sidewalks as required by this section may be postponed by the director only when:

a. Curbs and gutters have been postponed;

b. Improvements to the abutting road have been adopted as part of the CIP and it is in the city’s interest to postpone sidewalk until such time as the road improvements have commenced.

(3) Postponement in no way relieves the abutting property owner from the responsibility to construct sidewalks to city standards at such time, as determined by the public works director, that the reason for the postponement no longer exists. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 15, 1-28-91; Ord. No. 4025, § 4, 12-30-91; Ord. No. 4132, § 3, 6-26-95; Ord. No. 4394, § 3, 4-11-05)

Sec. 31-52. Liability of owner.

(a) The owners of the property in front of or for the use of which any structures referred to in the preceding section are constructed, kept or maintained shall be liable to the city for the condition thereof and shall construct, keep and maintain the same upon the express condition that the owner of such property will save and keep the city harmless from any and all damages, losses, claims and demands occurring on account of or by reason of the existence of such structures.

(b) Such covenant shall be deemed a covenant running with the land and the construction of such structures or the keeping or maintaining of those in existence for thirty (30) days after the passage of this section shall be deemed an acceptance of all the terms and conditions of this section. (Ord. No. 3726, § 2, 10-22-84)

Secs. 31-5331-65. Reserved.

ARTICLE III. ENCROACHMENTS

Sec. 31-66. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-66. Said provisions pertained to banners existing within the right-of-way and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-67. Posts, uprights and supports prohibited.

No person shall place, erect or construct in or upon any public street or sidewalk within the city any post, upright, support or other obstruction to support, uphold or attach to any porch, awning, banner, sign, advertising device or other structure, except as provided for in section 31-74; provided, that nothing in this or the preceding section shall be construed to prohibit the erection and maintenance of authorized utility poles and approved traffic-control devices. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-68. Buildings projecting over streets or sidewalks.

No building shall be erected, altered or repaired so as to project over, into or onto any street or sidewalk, except as provided for in section 31-74; provided, that this section shall not apply to the bases of columns projecting not to exceed six (6) inches or to cornice or projections placed at least ten (10) feet above the top of sidewalks. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-69. When railing required.

(a) All cellarways leading to cellars used for actual business places shall be protected with a solid, substantial railing at least two (2) feet nine (9) inches high on all sides except the direct entrance upon the street.

(b) The person occupying the cellar shall cause the cellarway to be kept lighted during the nighttime. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-70. Excavations and structures under sidewalks; permits; specifications; may be declared nuisances.

(a) No excavations shall be made under any sidewalk or sidewalk space in the city, nor shall any areaway, cellar door, stairway, coal hole or other like structure be constructed, kept or maintained in any such sidewalk or sidewalk space unless a permit shall first be obtained therefor as is or may be required by this code or other ordinances of the city and unless such structure shall be constructed in accordance with this code or other ordinances of the city governing such structures. Such structures shall be so secured, guarded and kept as to protect persons and property from injury by reason of the existence or condition of such structures.

(b) All such structures which are not constructed, kept and maintained in accordance with this section or which are permitted for any reason to become dangerous are hereby declared nuisances. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-71. Gates and doors swinging over sidewalks prohibited; same declared a nuisance.

(a) All gates and doors within the city which are built, constructed and fastened so that in opening the same they swing upon or over any portion of any sidewalk, street or alley of the city are hereby declared to be nuisances.

(b) No person shall build, construct, hang, maintain or keep any such gate or door within the city. (Ord. No. 3726, § 2, 10-22-84)

31-72

Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-72. Said provisions pertained to chairs, benches and gatherings on sidewalks and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-73. Cellarways; when cover required.

(a) All cellarways to cellars, which are not used for offices, stores, restaurants or other places of business where the general public is invited to enter, shall be covered with an iron or glass door or iron grating, the bars of which shall not be more than three-fourths (3/4) of an inch apart and not less than one-half (1/2) inch by one and one-half (1-1/2) inches.

(b) Such bars shall rest on a firm and solid support or iron sufficiently strong to support foot travelers and be so constructed that, when shut, they shall be even with and form a part of the sidewalk and shall not be opened except during the daytime and when open, shall have all the sides thereof, except the side facing the streetway or curb closed by a fence or railing at least two (2) feet high; provided that if double doors are used to hold such doors firmly upright when open, an iron bar shall be extended from door to door across the open space at the end of the next footway or pavement in lieu of such railing, so as to guard persons passing along the pavement or sidewalk from falling therein.

(c) No such door shall be open at any one time to exceed one (1) hour. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-74. Temporary right-of-way uses.

(a) Temporary uses of the right-of-way shall be limited to the following:

(1) Outdoor eating and drinking area furniture associated with an adjacent, licensed business within the central business district, as described in section 37-145 of this code, and outside of such district along Main Street to the Levee Bypass Road/18th Street. Such furniture shall be located directly in front and on the same side of the street as the business with which it is associated. Such areas and furniture may be allowed to encroach upon the store frontage of an adjoining business if allowed by the adjoining business or property owner.

(2) Temporary signs pursuant to the requirements of Chapter 30 of this code. For purposes of this section, temporary sign shall have the same meaning as defined in Chapter 30 of this code.

(3) Right-of-way work as permitted and governed by sections 31-3 through 31-8 of this code.

(4) Community and special events as permitted by the public works director.

(5) Landscaping and beautification consisting only of:

a. Grass.

b. Flowers, bushes, shrubbery no higher than thirty (30) inches.

c. Street trees maintained pursuant to the urban forestry program.

(6) Other uses as permitted upon review and approval of the public works director or his designee.

(b) In no event shall any temporary uses of the right-of-way cause a nuisance, hazard, danger or a sight obstruction for any traffic, vehicular, pedestrian, or bicyclist, using the right-of-way, or violate federal requirements for public accessibility pursuant to the Americans with Disabilities Act. The city of Lewiston shall not be liable for any theft, vandalism, etc., of any temporary right-of-way use objects. The owner of any such objects shall be subject to any liability caused by the owner’s placement of such objects in the right-of-way.

(c) Any business placing outdoor eating and drinking area furniture, temporary advertising signage, merchandise display items and other appurtenances upon a public sidewalk or public right-of-way shall provide and maintain proof of general business liability insurance for the associated business, with the city named as an additional insured thereon prior to such use of the public sidewalk or right-of-way. Said insurance shall comply with the limits of liability as set forth in section 31-76 of this code. Failure of any business to comply with this insurance requirement may result in the revocation of the business license for the associated business.

(d) Any establishment which serves and/or sells beer, wine, or liquor by the drink, as such terms are defined in Chapter 6 of this code, must comply with the requirements of Chapter 6 of this code. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3872, § 2, 8-3-87; Ord. No. 3928, § 1, 7-5-88; Ord. No. 3992, § 16, 1-28-91; Ord. No. 4045, § 1, 9-14-92; Ord. No. 4436, § 7, 3-27-06; Ord. No. 4569, § 1, 2-13-12; Ord. No. 4692, § 10, 10-30-17; Ord. No. 4710, § 3, 12-10-18)

Sec. 31-75. Permanent and semi-permanent encroachments in the right-of-way.

Permanent encroachments in the right-of-way are hereby prohibited.

(1) A semi-permanent encroachment may be approved by the public works director upon application, provided the encroachment, conforms to the following requirements:

a. After placement of the encroachment, there remains eight (8) feet of unobstructed sidewalk in commercial districts and four (4) feet in residential and industrial districts.

b. The encroachment is not within the clear vision area as defined in Lewiston City Code section 31-2 nor blocks any traffic control device;

c. The encroachment does not pose any type of safety hazard because of wind, electrical cords, or similar uses.

(2) Nothing herein shall prohibit the placement of mailboxes, allowed by the United States Postal Service, adjacent to the edge of pavement of any right-of-way without permit.

(3) Nothing herein shall prohibit an outdoor eating facility or mobile cart properly licensed under section 6-87 et seq. (Ord. No. 3872, § 3, 8-3-87; Ord. No. 3928, § 2, 7-5-88; Ord. No. 3992, § 17, 1-28-91; Ord. No. 4436, § 8, 3-27-06)

Sec. 31-76. Insurance required.

(a) The permittee obtaining a right-of-way use permit for a semipermanent encroachment, as provided for in section 31-75(1), shall be required to provide and maintain proof of general homeowner’s liability or general business liability insurance for the real property abutting the right-of-way encroachment, with the city named as an additional insured thereon.

(b) The permittee obtaining a right-of-way use permit in all other circumstances shall be required to provide and maintain proof of insurance coverage as described hereafter. Proof shall be in the form of a certificate approved by the city. Alternate forms of insurance approved by the city will be acceptable that meet the minimum required insurance limits. The certificate shall contain a provision that the insurance shown on the certificate will not be cancelled or materially altered without at least thirty (30) days’ prior written notice to the city.

(c) The insurance required shall contain the following coverages: Comprehensive general liability, including blanket contractual, broad-form property damage, XCU coverages and completed operations. Minimum limits shall be three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) per occurrence for property damage, or three hundred thousand dollars ($300,000.00) combined single limits for both bodily injury and property damage. Comprehensive automobile liability shall also be carried by the permittee, which will include owned, nonowned and hired coverages. Limits shall be one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) for property damage, or three hundred thousand dollars ($300,000.00) combined single limit. Workmen’s compensation and employer’s liability shall also be carried with the employer’s liability limit of liability no less than one hundred thousand dollars ($100,000.00). The city shall be named as the additional insured under all policies. The coverages shall be written with a company (or companies) that is licensed and in good standing with the Idaho State Insurance Department and acceptable to the director of public works. (Ord. No. 3872, § 4, 8-3-87; Ord. No. 3928, § 3, 7-5-88)

Sec. 31-77. Reserved.

Editor’s note – Ord. No. 4263, § 2, adopted April 17, 2000, amended the code by deleting provisions contained in § 31-77. Said provisions pertained to political signs and derived from Ord. No. 3773, § 4, adopted April 29, 1985, as amended by Ord. No. 3962, § 1, adopted April 16, 1990.

Sec. 31-78. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-78. Said provisions pertained to prohibited signs and derived from Ord. No. 3773, § 5, adopted April 29, 1985.

Secs. 31-7931-84. Reserved.

ARTICLE IV. STREET NAMES AND HOUSE NUMBERING

Sec. 31-85. Names of new streets shall be approved by city council.

(a) For purposes of this article, the city will be divided into three (3) sections, North Lewiston, Lewiston and Lewiston Orchards.

(1) The North Lewiston district of the city will be all that area north of the Clearwater River.

(2) The Lewiston district of the city will be all that area south of the Clearwater River and north and west of the following described line: The centerline of Stewart extended east and west. The north/south line will be a line extended south from the east/west boundary along the west boundary line of the east one-half of Sections 12, 13, 24 and 25, Township 35 North, Range 6 West through the south city limits line.

(3) The Orchards district of the city will be all that area south and east of the above-described line.

(b) All streets laid out and dedicated within the city shall be named to correspond with the streets and avenues of which they are extensions; all names shall be submitted to the city council for approval before filing for record.

(c) The general plan of the city is to number all north and south streets and call them “streets.”

(1) On the plats for the Lewiston district north of the bluff between Snake River Avenue and 9th Street, north of Idaho Street between 9th Street and 21st Street and south of the Clearwater River, west of 21st Street and east of the Snake River, the east and west streets are to be designated “streets.”

(2) In the remainder of the Lewiston district and in the North Lewiston district, east and west streets are to be designated as “avenues” and be numbered.

(3) In the Orchards district the original east/west streets are to be named and called “avenues”; all other through east/west streets are to be named and called “drives.”

(4) Streets not conforming to this grid in the judgment of the department of public works, such as diagonal, curvilinear, contour, cul-de-sac, etc., shall be assigned a name followed by an appropriate title such as “boulevard,” “road,” “trail,” “way,” “drive,” etc.

(d) The city council shall give final approval to all proposed street names by resolution. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 4490, § 1, 2-25-08; Ord. No. 4616, § 1, 11-24-14)

Sec. 31-86. All houses and buildings to be numbered.

All houses and buildings within the city shall be assigned a number by the director and shall be physically numbered by the owners or occupants thereof in accordance with the provisions of this article. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 4025, § 5, 12-30-91)

Sec. 31-87. Decimal system of numbering adopted.

The decimal system of numbering is hereby adopted for the numbering of buildings and houses within the city. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-88. System used in the Lewiston district of the city.

(a) Number assigned. One hundred (100) numbers are hereby assigned to each block and twenty (20) feet to each number, but in cases where the lots or blocks are irregularly platted the numbers shall be assigned in such manner as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. Main Street is hereby adopted as the initial or base line for the numbering of all buildings and houses on streets running approximately north and south of the Lewiston district.

The following streets are hereby adopted as the initial or base line for the numbering of all buildings and houses on streets and avenues running approximately east and west in the city: First Street from its northern terminus to Main Street and Snake River Avenue from its intersection with Main Street to monument No. 7; thence east two hundred (200) feet; thence south to the intersection of Fifteenth Avenue and First Street to University Addition and thence south along First Street to the southern city limits.

(c) System used on streets running north and south. The numbering on all streets extending southerly from Main Street shall begin at Main Street with No. “101” and continue with the even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

In like manner, the numbering on all streets extending northerly from Main Street to the Clearwater River shall begin with the even numbers on the west side and the odd numbers on the east side of the street, in accordance with such system.

All such numbers on streets running northerly from Main Street shall have the cipher preceding the number.

This shall constitute a part of the house or building number.

(d) System used on streets running east and west. The numbering on all streets and avenues extending easterly from the First Street base or initial line, with its extensions, shall commence at such base lines with No. “101” and continue on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

The numbering on all streets or avenues extending westerly from the First Street initial or base line, with its extensions, shall commence at such initial line with No. “101” and continue on each street with the even numbers on the south and the odd numbers on the north side of the street, in accordance with such system.

Each and every number on such streets or avenues running westerly from the First Street initial line shall have the capital letter “W” prefixed.

Such letter shall constitute a part of the building or house number. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 18, 1-28-91)

Sec. 31-89. Systems used in North Lewiston district of the city.

(a) Number spacing. One hundred (100) numbers are hereby assigned to each block and twenty (20) feet to each number, but in cases where the lots or blocks are irregularly platted, the numbers shall be assigned in such manner as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. First Avenue North is hereby adopted as the initial or base line for numbering of all buildings and houses on the streets running approximately north and south in the North Lewiston district. First Street North is hereby adopted as the initial or base line for the numbering of all buildings and houses on the avenues running approximately east and west in the North Lewiston District.

(c) System used on streets running north and south. The numbering on all streets extending northerly from First Avenue North shall begin at First Avenue with number “101” and continue with even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

(d) System used on streets running east and west. The numbering on all streets and avenues extending easterly from the First Street base or initial line, with its extension, shall commence at such base lines with No. “101” and continue on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

The numbering on all streets or avenues extending westerly from the First Street initial or base line, with its extensions, shall commence at such initial line with No. “101” and continue on each street with the even numbers on the north and the odd numbers on the south side of the street or avenue.

Each and every number on such streets or avenues running westerly from the First Street initial line shall have the capital letter “W” prefixed.

Such letter shall constitute a part of the building or house number. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-90. System used in the Lewiston Orchards District of the city.

(a) Numbering spacing. One hundred (100) numbers are hereby assigned to each block and 63.25 feet to each number, but in cases where the lots and blocks are irregularly platted, the numbers shall be assigned in such manner as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. Fourth Street is hereby adopted as the initial or base line for the numbering of all streets and houses on streets running approximately east and west.

Stewart Avenue is hereby adopted as the initial or base line for the numbering of all buildings and houses on streets running approximately north and south.

(c) The numbering of all streets and avenues extending easterly from Fourth Street shall begin at Fourth Street starting with “401” and continuing on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

In a like manner the numbering on all streets extending westerly from Fourth Street to the boundary of the Orchards shall begin with the number “340” and decrease with the even numbers on the north and the odd numbers on the south side of the street or avenue.

(d) The numbering of all streets extending southerly from the Stewart Avenue base line or initial line, with its extension shall commence at such base line with Number “3101” and continue on each street with the even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

(e) The numbering of Thain Road will start at the center line of Preston with “101” numbers and continue with the even numbers on the west and the odd numbers on the east side of the road.

(f) The north and south street and Thain Road will change 100 block numbers only on Stewart, Preston, Warner, Bryden, Burrell, Grelle, Powers, Ripon and Richardson. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-91. Director to prepare and file map; assignment of numbers.

(a) The director shall prepare and place on record in the department a plat showing the numbers assigned, in accordance with this article to each house, building or tract of land within the city.

(b) Such map shall be a permanent record of the department and shall be kept for the inspection and use of the public.

(c) The director shall advise persons who inquire of the numbers assigned to any particular house, building, lot or parcel of land as to which information is sought. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-92. Owners to furnish own numbers; specifications of same.

(a) Building or house numbers to be used in accordance with the provisions of this article shall be obtained by the owners or occupants of the property at their own expense. Such numbers shall be of neat and legible character and of such size as will enable persons of ordinary eyesight to easily read the same from the street line in front of the house or building upon which such numbers are placed.

(b) Such numbers shall be placed in a conspicuous position upon such house or building, over or at the side of the front entrance thereto. (Ord. No. 3726, § 2, 10-22-84)

Secs. 

31-93 – 31-99

Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-93. Said provisions pertained to violations of Art. IV and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

ARTICLE V. VACATION OF PUBLIC RIGHTS-OF-WAY, EASEMENTS, AND PLATS

Sec. 31-100. Purpose and scope.

The purpose of this article is to establish procedures for the vacation of a subdivision plat, an easement granted for public use, a public street, way, alley, or other area dedicated for the use of the public. This article shall apply to the vacation of all or part of any subdivision plat, an easement granted for public use, a public street, avenue, boulevard, way, alley, plat, or other area dedicated for the use of the public. Sections 31-101 through 31-113 of this code define the procedure to vacate a subdivision plat or a public street, way, alley, or other area dedicated for public use. Sections 31-101 through 31-103 of this code and sections 31-114 through 31-117 of this code define the procedure to vacate an easement granted for public use. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 2, 2-13-17)

Sec. 31-101. Action – Recordation – Effective date.

(a) Approval of a vacation petition can be granted only by means of a city resolution approved by the city council.

(b) No vacation shall be recorded until:

(1) All fees have been paid as specified in section 31-112 of this code;

(2) All required actions by the city council are complete and the resolution document has been signed; and

(3) The petitioners have complied with all conditions of approval or have been granted an exception by the city council.

(c) The effective date of the vacation shall be the date that the signed resolution is recorded by the Nez Perce County recorder. (Ord. No. 4595, § 3, 10-28-13; Ord. No. 4674, § 3, 2-13-17)

Sec. 31-102. Process – Initiation.

A vacation petition may be initiated by any person, persons, firm, association, corporation or other legally recognized form of business and as further defined in Idaho Code, Section 50-1306A. (Ord. No. 4595, § 2, 10-28-13)

Sec. 31-103. Pre-petition conference required.

(a) The person(s) interested in submitting a vacation petition shall contact the public works secretary to schedule a pre-petition conference with the public works director, the city engineer, and the city surveyor or their designated representatives. The public works secretary must be given, at a minimum, the following information when scheduling a pre-petition conference:

(1) A basic reason for the vacation;

(2) A general description of the area to be vacated;

(3) Contact information including name(s), telephone number(s) and/or email address(es) for the interested person(s).

(b) The pre-petition conference shall be for the purpose of:

(1) Discussing the reasons for the proposed petition;

(2) Determining the specific area to be vacated;

(3) Explaining the vacation procedure;

(4) Explaining the approval criteria;

(5) Explaining the fees and other costs associated with a vacation;

(6) Identifying other options, if any; and

(7) Advising on the feasibility of the proposed petition. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 4, 2-13-17)

Sec. 31-104. Notice of intent to file vacation of public right-of-way or plat petition – Notice to interested parties.

(a) If the interested person(s) desires to proceed with the petition following the prepetition conference, they shall submit a notice of intent to file a vacation petition (notice) to the public works secretary with the initial fee, as provided by section 31-112 of this code, and notarized consent letters from all owners of property that are adjacent to the proposed vacation area if a public street, public right-of-way, or any part thereof is included in the proposed vacation area. Incomplete submittals shall not be accepted.

(b) The area to be vacated in the notice must be the same area that was defined in the pre-petition conference.

(c) The public works secretary shall forward to the public works director a copy of the notice, and the director or his or her designee shall provide a copy, with supporting maps and documents, to all utility providers, the county, and other interested parties, of the intent to file. The director or his or her designee shall request all utility providers and interested parties to provide a written response within fourteen (14) days. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 5, 2-13-17; Ord. No. 4719, § 1, 5-14-18)

Sec. 31-105. Summary letter for vacation of public right-of-way or plat petition.

When the utility providers and other interested parties have responded to the notice or the 14-day response period has expired, the public works director or his or her designee shall prepare a summary letter from the responses of the utility providers and other interested parties.

(1) The summary letter may contain:

a. Information on the rights claimed by utility providers and other interested parties;

b. The proposed means of protecting the rights of the utility providers and other interested parties; and

c. The course of action that the public works director will recommend to the city council regarding the vacation petition if the interested person(s) decides to continue the vacation petition process.

(2) The public works director or his or her designee shall transmit the summary letter to the interested person(s) that submitted the notice. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 6, 2-13-17)

Sec. 31-106. Vacation of public right-of-way or plat petition requirements and staff review.

(a) If the interested person(s) decides to proceed with the vacation process, a vacation petition (petition) shall be submitted to the public works secretary on a form prescribed by the city of Lewiston. After reviewing the petition, the public works department shall file the petition with the city clerk. Incomplete submittals shall not be accepted.

(b) A complete vacation petition submittal shall include:

(1) A completed petition, which shall include the information required in Idaho Code Title 50, Chapter 13, if the petition is for vacation of a plat or any part thereof; and

(2) The petition fee, as required by section 31-112 of this code. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 7, 2-13-17; Ord. No. 4719, § 2, 5-14-18)

Sec. 31-107. Vacation of public right-of-way or plat staff report and list of property owners.

The public works director or designated representative shall prepare a staff report that includes a recommendation to approve, approve with conditions, or deny the petition. The recommendation shall be based on the following items:

(1) The effect on:

a. Traffic, pedestrian and bicycle circulation;

b. The provision of fire and police service as related to increasing response time;

c. Storm water drainage;

d. Utilities.

(2) Compliance with the comprehensive plan and the transportation plan.

(3) Compliance with capital improvement programs.

The recommended conditions of approval, if any, shall be those conditions necessary to protect the rights and interest of the public.

The public works director or designated representative shall prepare a list of names and addresses of owners of property within three hundred (300) feet of the requested vacation and a corresponding map, which shall be delivered to the city clerk along with the staff report. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 8, 2-13-17)

Sec. 31-108. Public hearing and notice for vacation of public right-of-way or plat petition.

The city clerk shall schedule the public hearing and provide the hearing schedule to the public works director or designated representative, who posts the proposed vacation area with temporary signs containing information on the proposed vacation at least seven (7) days prior to the public hearing date.

(1) Notice of the public hearing shall be given as follows:

a. The city clerk shall give written notice of the petition and public hearing by certified mail with return receipt, at least ten (10) days prior to the date of the public hearing, to all property owners within three hundred (300) feet of the boundaries of the area described in the petition.

b. The city clerk shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two (2) consecutive weeks prior to the public hearing, the last of which shall not be less than seven (7) days prior to the date of the public hearing.

(2) The notice shall contain the following:

a. A heading entitled “Notice of Proposed Vacation of X” with “X” being what is proposed to be vacated;

b. A description of the area to be vacated by the petition;

c. The date the petition was filed;

d. The name of at least one (1) petitioner; and

e. The time and place set for the public hearing. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 9, 2-13-17)

Sec. 31-109. Council action, approval standards, conditions for vacation of public right-of-way or plat petition.

(a) The city council shall hold the public hearing and it shall approve, approve with conditions, or deny the petition, in whole or in part, by resolution based on findings that:

(1) Proper notice has been given as required by section 31-108 of this code; and

(2) The public interest will not be prejudiced by the vacation.

(b) The city council findings shall be based on:

(1) The petition;

(2) The public testimony;

(3) The staff report and recommendation of the public works director or designated representative; and

(4) The written information submitted by utility providers and interested parties.

(c) The conditions of approval shall be those conditions necessary to protect the rights and interest of the public and may include:

(1) The maintenance and use of underground public utilities or service facilities in the vacated area;

(2) Limitations on the use of the area above and adjacent to underground utilities or service facilities;

(3) Moving at petitioner’s expense the utilities or services either below, on, or above the surface;

(4) Construction, extension or relocation of sidewalks and curbs;

(5) Grading or pavement extensions;

(6) Dedication for public use of another area in lieu of the area to be vacated;

(7) Any other matter relating to the vacation that is necessary to protect the public or adjoining property owner or to carry out city adopted plans. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 10, 2-13-17)

Sec. 31-110. Satisfaction of conditions required and exception for vacation of public right-of-way or plat petition.

(a) Satisfaction of conditions required. All conditions of approval shall be satisfied prior to the recording of the resolution approving a petition for vacation unless an exception is granted by the city council under the provisions of subsection (b) of this section.

(b) Exception.

(1) The city council may grant an exception to the requirement that all conditions of approval be satisfied prior to the recording of the resolution if it finds that the vacation petition involves one (1) property owner and upon the conditions that:

a. The petitioner posts a performance bond, or other acceptable method of financial assurance approved by the city attorney, in the amount of one hundred fifty (150) percent of the project cost as estimated by an Idaho licensed civil engineer whose fees are paid by the property owner. The project cost estimate shall be reviewed and approved by the public works director or designated representative;

b. It is agreed in writing that the work will be completed, inspected, and approved by the city within one (1) year from the date of the recording of the vacation resolution. If the work is not completed, the financial surety may be used by the city to complete the work. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 11, 2-13-17)

Sec. 31-111. Payment of taxes and city liens for vacation of plat.

No resolution for the vacation of all or part of a plat shall be approved by the city council until the petitioner has provided the public works secretary a certificate showing that all city liens and all taxes have been satisfied and/or paid on the lands covered by the plat or the portion of the plat being vacated. This section does not apply to vacations in which only public rights-of-way are being vacated. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 12, 2-13-17)

Sec. 31-112. Fees for vacation of public right-of-way or plat.

The petitioner(s) shall be responsible for all fees associated with the vacation action. All fee amounts shall be set by resolution adopted by the city council. All fees shall be paid prior to the recording of the vacation resolution. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 13, 2-13-17)

Sec. 31-113. Title to vacated area.

The title to property in platted lots shall remain vested in the same owners as previous to the vacation. The title to a street or other publicly dedicated area shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, or as the city council deems in the best interests of the adjoining properties, but the right-of-way, easements, and franchise rights of any lot owner or public utility shall not be impaired thereby. (Ord. No. 4595, § 2, 10-28-13; Ord. No. 4674, § 14, 2-13-17)

Sec. 31-114. Filing of an easement vacation petition.

(a) If an interested person(s) desires to proceed with an easement vacation petition following the pre-petition conference, such person(s) shall submit an easement vacation petition to the public works secretary along with a fee, in the amount set forth by resolution adopted by the city council, and notarized consent letters from all utility companies that have the right to use the easement for the installation, maintenance, and access to their utility systems. A letter of consent to vacate signed by the public works director or designated representative shall be sufficient for all city of Lewiston water, wastewater, and stormwater utility systems. If one (1) or more utility companies with valid easement rights refuses to consent to the easement vacation, the easement vacation petition process shall be terminated. If one (1) or more utility companies with valid easement rights consents to the easement vacation with specific conditions, such as the relocation of existing utility lines at the petitioner’s expense, the easement vacation petition process may continue with the specified conditions.

(b) Incomplete submittals shall not be accepted. (Ord. No. 4674, § 15, 2-13-17)

Sec. 31-115. Easement vacation staff report and list of property owners.

The public works director or designated representative shall prepare a staff report that shall include a recommendation to approve, approve with conditions, or deny the easement vacation petition. The recommendation shall be based on verification of the notarized consent letters from all utility companies and an analysis by the public works director or designated representative of future public utility needs.

The public works director or designated representative shall prepare a list of names and addresses of property owners within three hundred (300) feet of the requested easement vacation and a corresponding map, which shall be delivered to the city clerk along with the staff report. (Ord. No. 4674, § 16, 2-13-17)

Sec. 31-116. Easement vacation public hearing and notice.

The city clerk shall schedule the easement vacation public hearing and provide the public hearing schedule to the public works director or designated representative.

(1) Notice of the public hearing shall be given as follows:

a. The city clerk shall give written notice of the petition and public hearing by certified mail with return receipt, at least ten (10) days prior to the date of the public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition.

b. The city clerk shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two (2) consecutive weeks prior to the public hearing, the last of which shall not be less than seven (7) days prior to the date of the public hearing.

(2) The notice shall contain the following:

a. A heading entitled “Notice of Proposed Easement Vacation of X,” with “X” being what is proposed to be vacated;

b. A description of the easement area to be vacated by the petition;

c. The date the petition was filed;

d. The name of at least one (1) petitioner; and

e. The time and place set for the public hearing. (Ord. No. 4674, § 17, 2-13-17)

Sec. 31-117. Council action, approval standards, conditions for easement vacations.

(a) The city council shall hold the public hearing on the easement vacation petition and approve, approve with conditions, or deny the easement vacation petition, in whole or in part, by resolution.

(b) The city council findings shall be based on the following:

(1) The easement vacation petition;

(2) The public testimony;

(3) The staff report and recommendation of the public works director or designated representative;

(4) The letters of consent submitted by utility providers;

(5) Verification that proper notice was given as required by section 31-116 of this code; and

(6) Verification that the public interest will not be prejudiced by the easement vacation.

(c) Any conditions of approval shall be those conditions necessary to protect the rights and interest of the public and the utility companies. Such conditions of approval may include, but are not limited to:

(1) Moving existing utilities at petitioner’s sole expense. This shall be allowed only with the written consent of the affected utilities.

(2) Granting an easement for public use across another area of the petitioner’s property in exchange for the easement to be vacated.

(3) Any other matter relating to the easement vacation that is necessary to protect the rights and interests of the utility companies, the public, or the adjoining property owners or to carry out city adopted plans. (Ord. No. 4674, § 18, 2-13-17)


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Editor’s note – Ord. No. 3726, §§ § 1, 2, adopted Oct. 22, 1984, repealed former Ch. 31, relative to streets and sidewalks, and enacted in lieu thereof a new Ch. 31 as herein set out. Former Ch. 31 was derived from the 1960 Code, §§ 2-17, 2-18, 31-1 – 31-12, 31-14, 31-16 – 31-16.9, 31-17 – 31-38, 31-41 – 31-52, and Ord. Nos. 2323, 2506, 2550, 2642, 2853, 2861, 3120, 3429, 3399, 3576, and 3656.

Cross references – Buildings and building regulations, Ch. 10; electricity, Ch. 14; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; signs, Ch. 30; subdivisions, Ch. 32; traffic, Ch. 35; water and sewers, Ch. 36; zoning, Ch. 37.