ORDINANCE NO. 4-38

| June 28, 2005 9:00 PM

AN ORDINANCE OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING PONDERAY MUNICIPAL CODE SECTION 7-503 TO PROVIDE THAT AN ENCROACHMENT PERMIT FOR DRIVEWAYS, CULVERTS OR UTILITIES MAY BE ISSUED BY THE CITY CLERK; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE HEREOF.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PONDERAY, IDAHO:

Section 1.00:

Ponderay Municipal Code S 7-503 is hereby amended as follows:

Permit Application. (a) No encroachment permit under this Chapter shall be issued unless a written application for the issuance of such a permit is submitted to the Planning and Zoning Commission. The written application shall state: the name and address, and the principal place of business if applicable, of the applicant; the name, address and telephone number of the person in responsible charge of the work; the location and dimensions of the installation; the purpose of the work; and the approximate time which will be required to complete such work, including the removal of waste material and debris.

(b) Notwithstanding the provisions of subsection (a) hereof, an encroachment permit for a driveway, a culvert or utilities shall be made to the City Clerk, who shall issue the permit in accordance with the standards set forth in Ponderay Municipal Code S 7-505. Any work under an encroachment permit issued pursuant to this subsection shall be inspected and approved by the City Engineer, who shall have the authority to require additional work, modifications to the work or repairs in order to bring the work into compliance with accepted engineering standards.

Section 2.00:

This Ordinance shall be in full force and effect upon its passage, approval, and publication in one issue of the Bonner County Daily Bee, a newspaper of general circulation published in the City of Sandpoint and the official newspaper of the City of Ponderay and hereby declared to be the official newspaper for the publication of this Ordinance.

ADOPTED as an Ordinance of the City of Ponderay on the 20th day of June, 2005.

APPROVED:

Jessie DeMers, Mayor

ATTEST:

Nancy Piatt, City Clerk

Legal SNP #7057

June 28, 2005