(a) No person shall make an excavation in, or cause any damage to, a street in the City, except under the conditions and in the manner permitted in this chapter. No person shall place any article, thing or obstruction in any street, except under the conditions and in the manner permitted in this chapter. However, this provision shall not prohibit such temporary obstructions as may be incidental to the expeditious movement of articles and things to and from abutting premises, nor shall it prohibit the lawful parking of vehicles within the part of the street reserved for vehicular traffic.
(b) No person shall suspend anything, or otherwise encroach, above any sidewalk or within any street area except for the following:
(1) Fire escapes or similar devices when in the opinion of the Chief Building Official or Fire Inspector, public safety requires it, and it is in compliance with the requirements of subsection (c).
(2) Balconies, or structures with similar encroachment impact, when in compliance with the requirements of subsection (c).
(3) Signs in conformance with Section 1296.07 of these Codified Ordinances.
(4) Awnings when no part thereof is less than seven feet above the sidewalk grade.
(c) Requirements for approval of certain encroachments:
(1) The plans and construction are in compliance with the City's Building Code and other City ordinances.
(2) The plans and construction have passed review by City departments to determine any requirements a particular department has for protection of the City's interests in the work it performs in the right-of-ways.
(3) A license is granted, signed by the City Manager, setting forth the terms of the encroachment agreement.
(d) In addition to any other remedy available to the City, a person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 11-95. Passed 5-16-95; Ord. 09-08. Passed 6-3-08.)