A. As a condition of issuance of any permit issued under section 8-3-5 of this chapter, the permittee and legal owner of the adjacent property shall execute a recordable covenant running with the land, in a form approved by the city attorney, surrendering possession of the encroachment structure, and releasing the city from all claims in the event the city determines to widen or improve the street, alley, parkway, or other public place where the encroaching structure is situated.
B. In addition to the requirement of subsection A of this section and the requirements under the provisions of this chapter, such conditions may be imposed on any permit as deemed necessary to protect the city, persons, property, or the public health, welfare, and safety. (1962 Code § 7-2.06)