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If any encroachment or obstruction has been placed, installed, erected and maintained, or a use made and maintained for private or business purposes, upon a street, sidewalk or parkway without prior permission and consent, the Director of the Department of Public Works shall in writing require immediate removal thereof. If such encroachment or obstruction or use has not been removed, or commenced to be removed, and diligently prosecuted, prior to the expiration of ten (10) days from such notification, by the person who caused or owns or controls the encroachment or obstruction or use, the Director must commence proper action to abate the same as a nuisance, and if judgment is recovered in favor of the City, the owner, occupant or person maintaining such nuisance may, in addition to having the same abated, be charged ten dollars ($10.00) for every day such nuisance remained after notice as well as all costs. (1952 Code § 9-24-04)
A person seeking to encroach, obstruct or use a street, sidewalk or parkway, including the unused or unimproved portion of a street, must file an application with the Director of Public Works, who shall present the same for the approval or disapproval of the Council. The application shall include plans and specifications of sufficient clarity to indicate the nature and extent of the proposed obstruction, encroachment or use of the street, sidewalk or parkway by which to demonstrate that relevant provisions of this Code and other relevant laws, ordinances, rules, regulations and orders will be complied with, the legal description of the property abutting the street, sidewalk or parkway upon or within which such encroachment, obstruction or the use shall be or is intended to be performed, and any other additional information necessary to make a fair determination of whether to allow or permit the encroachment, obstruction or use. (1952 Code § 9-24-05)
A permit granted pursuant to the provisions of section 7-3B-5 of this article shall be subject to the following conditions:
A. Rights Limited: The person to whom a permit is given or granted shall acquire no property or contractual right in and to the street, sidewalk or parkway and such permit may be revoked whenever the Council deems it necessary as a proper police measure.
B. Compliance: The person to whom a permit is issued shall comply with all laws, orders and regulations of the City and with any direction of any public officer, pursuant to law, which shall impose any duty upon such person, and such person shall at his sole expense obtain all licenses or permits which may be required.
C. Insurance: The person to whom a permit is issued shall indemnify and save and hold harmless the City from and for any and all losses, claims, actions and judgments for damages or injuries to persons or property and losses and expenses caused or incurred by the permittee, its servants, agents, employees, guests and business invitees. In addition, the permittee shall maintain and keep in full force and effect liability insurance in which the City shall be named as a named insured in amounts established by the Council. The limits of insurance shall not be deemed a limitation of the permittee's covenant to indemnify and save and hold harmless the City.
D. Replacement, Restoration: Upon revocation of any permit given or granted, or in case of any disturbance or damage to pavement, sidewalk or other surface or structure, permittee shall, at its own expense, and in the manner required by the City, replace and restore such in a condition acceptable to the City. (1952 Code § 9-24-06)