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HomeMy WebLinkAboutOrd. 106 - Boulevard Use CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 106 Ordinance No. 95, 95A, and 95B are hereby repealed. The City Council of the City of Andover hereby ordains: Section 1. Boulevard Use. A: Except as prohibited by this Ordinance or by other provisions of City Ordinances, the owner or occupant of property abutting public right -of- way shall be responsible for maintenance of the boulevard on their property. At a minimum the grass shall be cut and any trees or shrubs shall be maintained. B: Improvements to boulevard areas, except as noted in exceptions, may be allowed as long as such improvement does not impair, interfere, or offer a potential threat of damage to City vehicles when snow plowing. The City shall not be responsible or liable for injury to or from such improvements. The owner or occupant, by placing or using boulevard areas for improvements, agrees in doing so to hold the City harmless for any and all claims of any injury or damage to or from such improvements. Any city-owned equipment such as sewer and water lines, damaged or impaired by such boulevard improvement, shall be remedied at the home owners or occupants cost. Section 2. Paramount Public Use. A: The City, its agents and or any utility company authorized by law or the city to use the boulevard areas, shall have a paramount right to use the area subject to control by the City. Any improvements in the boulevard shall be removed at the owners or occupants expense if the boulevard is needed for a paramount use. The City or its agents or utility company shall not be liable to repair or replace such boulevard improvements damaged or removed during authorized work in the boulevard. Section 3. Exceptions. A: No encroachment of any kind shall be permitted within a sight triangle as defined in City Ordinance 8. B: No encroachment shall be permitted within eight (8') feet of the curb in urban areas and to the rear of the ditch in rural areas. In the case where there in no ditch, the distance shall be eight (8') feet. Section 4. Violations. A violation of this ordinance shall constitute a misdemeanor. The City administrator or their authorized designee along with the City attorney shall be responsible for enforcement of this ordinance. Adopted by the City Council of the City of Andover this 6th day of September, 1994. CITY OF ANDOVER islT. E. McKelvey J. E. McKelvey - Mayor Attest: is! Victoria V olk Victoria V olk- City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 106A (Underlined sections are to be added, stricken out sections are to be removed) Ordinance No. 95, 95A, and 95B are hereby repealed. The City Council of the City of Andover hereby ordains: Section 3. Exceptions. A: No encroachment of any kind shall be permitted within a sight triangle as defined in City Ordinance 8. B: No encroachment shall be permitted without City Council approval within eight (8') feet of the curb in urban areas and to the rear of the ditch in rural areas. In the case where there is no ditch, the distance shall be eight (8') feet. The City Council may determine that certain temporary encroachments may be allowed for health, safety and general welfare reasons and will be handled on an as needed/request basis. Adopted by the City Council of the City of Andover this 15th day of July, 2003. CITY OF ANDOVER r~c/~ Att?,t: i~ IL/h Victoria Volk- City Clerk