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PW09-056 Ai 2 sc PIS CITY FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • 1TD/TTY(763)572-3534 December 11, 2009 PW09-056 Pablo Arias 333 Rice Creek Terrace Fridley, MN 55432 RE: Code Violation/Need for Action Right of Way Encroachment at 333 Rice Creek Terrace Mr. Arias: It has been observed by City personnel that a set of light posts have been installed adjacent to Rice Creek Terrace within the public right of way. This is a violation of City Code. Violation(s): OBSTRUCTIONS (LIGHT POLES) INSTALLED IN CITY RIGHT OF WAY WITHOUT A PERMIT Code Section (s): Fridley City Code Chapter 407 prohibits non-permitted obstructions within the City rights of way. An excerpt of Chapter 407 is attached. The full chapter is available online at: http://www.ci.fridley.mn.us/citycode Obstructions such as these indicated above hamper the Public Works Department's ability to control snow and ice, and are therefore are not permitted. Action Needed to Correct: You must correct the condition or contact the City Public Works Department immediately, or the City will take action to abate the condition(s)outlined in this letter starting on 1/6/2010. The following actions are required to avoid abatement of the condition(s)outlined in this letter: 1 Correct the violation(s) identified in this letter by removal of the obstruction(s), including underground power connections and footings. 2 Contact the Public Works Department at(763) 572-3552 and make arrangements to correct the violation(s) in accordance with a schedule that is agreeable to the City. Reinspection and Abatement: City staff will reinspect this property on or shortly after 1/6/2010. If the violation(s)remain,the City will abate this nuisance in accordance with City Code. The City may exercise any remedies or rights it has at law or in equity, including,but not limited to, abating the nuisance or taking possession of the Equipment or Facilities and restoring the right-of-way to a usable condition. Should this occur,you will be charged for the costs associated with the abatement, including up to 25 %for administrative expenses incurred. Please contact the Public Works Department at(763) 572-3552 if you have questions or wish to discuss this further. Thank you for your cooperation. Regards, I J.mes Kosluchar ity of Fridley Public Works Director cc: Street Department Address File JPK/jpk FRIDLEY CITY CODE CHAPTER 407. RIGHTS-OF-WAY MANAGEMENT (Reference Ordinance No.945, 1116 and 1139) 407.01. FINDINGS AND PURPOSE 1. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the public rights-of-way, the City strives to keep its public rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the public rights-of-way, a primary cause for the early and excessive deterioration of its public rights-of-way is frequent excavation by persons whose equipment or facilities are located therein. Public right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment or facilities is located within the public right-of-way are the primary cause of these frequent obstructions. The City holds the public rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the public rights-of-way. It also recognizes that some persons, by placing their equipment or facilities in the public right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. As a result of all these intrusions in the public right-of-way, it is appropriate for the City to establish a system of documenting what is placed in the public rights-of-way within its municipal boundaries to inform its citizens and the other public entities of the equipment or facilities that have been placed in the right-of-way that is held in trust for them. 2. In response to the foregoing facts, the City hereby enacts this Chapter of the City Code relating to right-of-way permits and administration, together with making necessary revisions to other Code provisions. This Chapter imposes reasonable regulations on the placement and maintenance of facilities and equipment currently within the City's public rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the public rights-of-way will bear the financial responsibility for their work. Finally, this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. Fridley City Code Chapter 407 Section 407.07.1.A. B. To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a"Five-year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. By January 1 of each year the City will have available for inspection a composite list of all Projects of which the City has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next-year Projects, and must notify the City and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of another Registrant listed by the other Registrant. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City will not deny an application for a Right-of-Way Permit for failure to include a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. 3. Applicants obtaining Anoka County Highway or Minnesota Department of Transportation excavation permits for facilities in their rights-of-way within the corporate limits of the City must provide a copy to the City and submit a copy of the plans with mapping data for recording su loses ger Section 407.21. 407.07. PERMIT REQUIREMENT 1. Permit Required. Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right- of-Way without first having registered and obtained the appropriate Right-of-Way Permit from the City to do so. A. Excavation Permit. An Excavation Permit is required to excavate that part of the Right-of-Way described in such permit and to hinder free and open passage over the specified portion of the Right- of-Way by placing equipment or facilities described therein, to the extent and for the duration specified therein.