152.04 Installation, relocation, removal or modification by petition.
(A) A property owner may petition the city to have a street light installed, relocated, removed or otherwise modified. Exceptions are as follows.
(1) No street light mentioned in § 152.02 of this chapter shall be subject to removal or modification if it otherwise complies with this chapter and/or any other state or local law or regulation.
(2) No street light shall be installed, relocated, removed or otherwise modified if such action would violate a provision of this chapter or other city ordinances; or other rules or regulations of the city or another other entity having jurisdiction.
(B) One hundred percent of all affected properties, as determined by the City Manager or designee, must approve by letter and/or signature to the installation, relocation, removal or modification of any street light. Approval must also be secured from the city’s Public Works Department as well as any and all emergency service providers (fire, police, ambulance and the like) for any proposed relocation, removal or other modification to an existing street light.
(C) The successful petitioner(s) shall be liable for any and all costs associated with the relocation, removal and/or modification of any street light within the city. The city shall incur the costs for the installation of a new street light based on a successful petition; with the exception of any street light to be installed due to private land development.
(D) A completed petition must include, at a minimum, the following:
(1) Name, legal address and phone number of petitioner(s);
(2) Map showing location of subject street light(s) and likely affected properties;
(3) Signed and dated letters of support by all affected property owners as determined by the City Manager (all letters shall have affected property owners’ physical and mailing addresses listed);
(4) A statement explaining the reasons supporting the installation, relocation, removal or modification of the light in question as well as a statement explaining why alternatives, if any, wouldn’t be practicable and/or possible;
(5) A signed and dated letter specifically detailing who will be responsible for all associated expenses as described in division (C) above. All related expenses will be billed directly to the petitioner(s) by the Tillamook People’s Utility District; and
(6) A non-refundable petition fee, the petition fee shall be that as listed in the city’s most up-to-date schedule of fees, charges and monetary penalties.
(E) If the street light(s) subject to petition is/are subject to § 152.02(B) of this chapter, the City Council will hear the petition through a public hearing.
(1) The petition shall be approved or disapproved of by a majority vote through a motion by Council.
(2) All decisions of the City Council are final.
(F) If the street light(s) subject to petition is/are subject to § 152.02(B) of this chapter, the City Manager will schedule an administrative hearing with the petitioner(s) within 20 days of receipt of the completed petition.
(1) The City Manager will post a notice of the administrative hearing at three different locations within the city no later than ten days prior to the administrative hearing listing that a petition to install, remove, relocate or otherwise modify a street light has been received and that a hearing is scheduled to review the petition. The hearing shall be open to the public. The notice will list the time and place of such hearing.
(2) The decision of the City Manager may be appealed to the City Council at its next regularly scheduled Council meeting through a public hearing. The appellant shall pay a fee equal to the original petition fee for the appeal. The fee will be refunded to the appellant only if granted the appeal by the City Council. (Ord. 2002-05, passed 11/18/2002)