A.   It shall be unlawful for any person or organization to pave or gravel city right of way or dedicated streets or alleys, or otherwise remove permanently or cover grass or other plantings on city right of way, without first having obtained a permit from the city clerk. This provision shall not apply to driveways of no greater width than twenty feet (20') which provide direct access to garages or parking areas.
   B.   The application for such permit shall give exact details of the proposed action to be taken by such party, and such further information as may be requested by the commissioner of streets and public improvements, the city council or the city engineer shall be provided. An application fee in the amount of two hundred fifty dollars ($250.00) shall be paid at the time of such application.
   C.   Within a reasonable time the city council shall allow, disallow or require modification of such proposed work, based on its determination of the best interest of the city and proper utilization of city rights of way.
   D.   In the event the city right of way is paved, graveled, or altered in violation of the terms hereof by the action of any person, without having first obtained a permit from the city clerk, the party so violating this section shall be fined in the amount of five hundred dollars ($500.00), and shall be obligated to repay the city for the reasonable cost of any remedial work, including the wages of city employees, the reasonable rental value of city equipment and the amounts paid to any outside contractors in completing such remedial work. (Ord. 448, 8-12-2002)