(a) Until the Mayor orders it to be removed, an item or structure within a City tree lawn that is otherwise in violation of Section 1010.11 may remain in its current location if it is a tolerated item (as hereinafter defined) and if the tree lawn is not part of the right-of-way of a State route, arterial street, or street the posted speed limit of which exceeds 25 miles per hour. The owner(s) of the tolerated item shall, at the cost of such owner(s), promptly remove the tolerated item when ordered by the Mayor to do so, and in default thereof, the City may remove the tolerated item and charge the owner(s) for the cost of such removal.
(b) Until the Mayor orders it to be removed, an item or structure within a City tree lawn that is otherwise in violation of Section 1010.11 and that is not permitted by division (a) of this section, may be permitted to remain in its current location if it is a State tolerated item (as hereinafter defined) and if the owner(s) of the State tolerated item executes and delivers to the City a revocable license agreement and such other instruments as the City may request, all in form and substance acceptable to the Public Works Director and Director of Law.
(c) For purposes of this section, "tolerated item" means a structure or item that is in violation of Section 1010.11, but satisfies all of the following:
(1) It existed in its current location in the City tree lawn as of January 1, 2013.
(2) It is owned by the owner(s) of the lot adjoining such section of the City tree lawn.
(3) It is an item that cannot be removed from the City tree lawn without significant cost or substantial damage to the item.
(4) It is not a rock or boulder.
(d) For purposes of this section, "State tolerated item" means a structure or item that is in violation of Section 1010.11, but satisfies all of the following:
(1) It existed in its current location in the City tree lawn as of January 1, 2013.
(2) It is more than four feet from the edge of the pavement of the street right-of-way.
(3) It is owned by the owner(s) of the lot adjoining such section of the City tree lawn.
(4) It is an item that cannot be removed from the City tree lawn without significant cost or substantial damage to the item.
(5) It is not a rock or boulder.
(e) The determination as to whether an item is a tolerated item or State tolerated item shall be made by the Public Works Director. An owner of an item or structure within a tree lawn may request a determination as to whether that item is a tolerated item or State tolerated item. If such owner is dissatisfied with the determination of the Public Works Director, then such owner may appeal such determination by making a demand in writing to the Building Inspector for a hearing before the Demolition Board of Appeal established pursuant to Section 1468.05 of the Codified Ordinances (the "Board"). Such demand must be served upon the Building Inspector within 14 days after the Public Works Director issues a determination that the item or structure is not a tolerated item or State tolerated item. The hearing shall be held within 30 days from the receipt of the written demand, and at least five days' notice of the hearing shall be given to the owner. A majority of the Board may reverse the determination of the Public Works Director. The owner shall be promptly notified of the decision of the Board. The decision of the Board shall be final and conclusive.
(f) Until January 1, 2017, no fee shall be payable for requesting a determination as to whether an item is a tolerated item or State tolerated item or appealing the decision of the Public Works Director to the Board. On and after January 1, 2017, the fees shall be as specified in the General Fee Schedule set forth in Section 208.01 of the Codified Ordinances.
(Ord. 110-2015. Passed 9-14-15.)