(A) Permit required; indemnification of city. It shall be unlawful for any person to encroach upon, excavate or obstruct any street or sidewalk of the city without a permit issued and approved by the Public Works Director. Any person who proposes to perform any activity which requires excavation, encroachment, the possibility of encroachment or temporary use, disruption or obstruction of any street, easement, public right-of-way or other property owned by or under the control of the city shall be required to obtain a permit before conducting such activity. As a condition for the issuance of such permit the permittee shall be required to execute a release and indemnity, on a form provided by the city, which will indemnify the city and its agents and employees from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting from the permitted activity, whether such activity is conducted by the permittee or its agents, employees, contractors or subcontractors, and to comply with the requirements of § 98.25(B), if required to do so.
(B) Permanent encroachments. Permanent encroachments in business zones will require the additional approval of the City Manager. Permits seeking permanent changes to sidewalks which do not promote uniformity or are not consistent with redevelopment efforts shall not be issued.
(C) Removal of encroachments. All permanent encroachments shall continue in existence at the will of the city. In the event the city finds it necessary or desirable to remove the encroachment, it shall be removed by the permittee or its assigns upon 30 days written notice. Neither the city nor its agents shall be liable for damage or replacement of the encroachment under any circumstances.
(D) Outdoor cafes. To the extend the provisions of this section conflict with the provisions of Chapter 122 of the Code of Ordinances regarding the regulation of outdoor cafes (as defined in § 122.02), the provisions of Chapter 122 shall control.
(Ord. 01-002, passed 1-9-01; Am. Ord. 13-010, passed 5-14-13) Penalty, see § 10.99