(A) No person or entity shall obstruct or encumber any street, alley, sidewalk or other public way, or permit the obstruction or encumbrance of any street, alley, sidewalk or other public way, within the city, by erecting any fence, building, portion or part of building, curbing, or placing any other item or substance thereon, except as specifically provided herein, without first obtaining permission from Augusta City Council as specifically provided herein. In the case of curbing, curbs must be constructed at least 18 feet from the center of the existing right-of-way adjacent to the proposed curbing.
(B) Each day that any fence, building, portion or part of building, curbing, or any other item or substance remains or is permitted to remain upon the street, alley, sidewalk or other public way without the permission of the City Council as provided herein shall constitute a separate offense. Whoever violates this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars ($500.00). In addition, a civil action for injunctive relief and/or abatement of a nuisance may be brought and prosecuted as authorized by state or local law.
(C) The list of existing substantial and permanent placements and accompanying photographs offences, buildings, portions or parts of buildings, curbing, or any other items or substances currently existing as of March 13, 2008 upon a city street, alley, sidewalk or other public way with attached photographs of said existing violations (said referenced list and attached photographs being part of Ord. 08-02, passed 3-12-08 which are incorporated by reference) are each hereby granted a revocable variance from the provisions herein, which variance (and which any permit granted under the procedure listed hereinafter) may be revoked at any time should the City Council make a determination that any such existing placement creates a public safety concern.
(D) Any person or entity wishing to place any fence, building, portion or part of building, curbing, or any other item or substance upon any street, alley, sidewalk or other public way may seek a revocable permit, either for a definite period of time, or open-ended, from the City Council to place any fence, building, portion or part of building, curbing, or any other item or substance any street, alley, sidewalk or other public way, by filing a written application with the City Clerk for consideration of such proposed placement by the City Council, at least seven (7) days before the next regularly scheduled Augusta City Council meeting. Should such application be received by the City Clerk less than seven (7) full days before the next regularly scheduled meeting, said matter will be held over for consideration at the second regularly scheduled meeting to occur after the request is received by the Augusta City Clerk.
(E) Such written application shall be signed by the owner of the real property immediately adjacent to the proposed placement and the applicant, if not the owner, and shall include, at a minimum, a drawing of such proposed placement, a photograph of the site of the proposed placement, including the immediate surroundings, the nature of the proposed placement, including whether temporary or permanent, and if temporary the requested duration of the permit, and a description of the proposed placement sufficient to allow the City Council to make a determination whether the proposed placement will unreasonably interfere with the free and unobstructed use thereof, or cause any public safety, aesthetic or other concerns. Upon receipt of said application, the City Clerk shall provide a copy of the application and attachments to the Augusta City Council, the Mayor, and legal counsel for the city.
(F) At the public meeting, at which the applicant shall be present, the City Council may require additional information to render a decision, including but not limited to additional photographs, a survey plat by a licensed surveyor, drawings by an engineer, a expert opinion as to the safety of the proposed placement, the expense of all of which items shall be borne by the applicant in said matter.
(G) Upon receipt of all the information sufficient to render a decision, the matter will be discussed by the City Council in open session, and the applicant and the general public will be permitted to address the Council on the matter. The City Council will, after consultation with legal counsel, if necessary, and no later than the next regularly scheduled City Council meeting after the meeting in which the matter is initially discussed with the applicant, grant in whole or in part the application for the temporary permit or open-ended permit, or deny in whole or in part the application for the permit, and make specific findings of fact supporting said decision.
(H) Any party aggrieved by said decision shall have thirty (30) days from the date of the certificate of service of the written findings of fact and decision to appeal said matter to the Bracken Circuit Court. Any party aggrieved by the decision to revoke a variance granted herein will likewise have thirty (30) days from the date of the certificate of service of the written findings of fact and decision to appeal said matter to the Bracken Circuit Court. Should no appeal be filed within thirty (30) days from the date of the certificate of service of the written findings of fact and decision, said decision shall become final and not subject to appeal.
(Ord. 08-02, passed 3-12-08; Am. Ord. 08-06, passed 7-15-08) Penalty, see § 91.99