(a) No part of any building or other structure erected and no addition to any existing building or other structure shall be constructed so as to encroach upon public property or project beyond the street or alley line or setback or specific building line except as provided in this chapter, Chapter 3113 or the Zoning Code (Chapters 325 to 359).
(b) Any part of a building or other structure, except permitted footings, constructed so as to project beyond the street or alley line or specific building line shall be constructed so that it may be removed at any time without causing the building or other structure to become structurally unsafe in whole or in part.
(c) A permit shall be required for all permitted projections and encroachments beyond the building line and into required yard or court spaces which are regulated by this chapter, except that permits shall be required for retractable awnings only when located at the first story level and projecting, when open, over public property. The Commissioner of Assessments and Licenses shall charge a fee of one hundred dollars ($100.00) for a permit issued under this section, except for banners. For encroachment permits to attach banners to utility or other poles in the right-of-way, the Commissioner of Assessments and Licenses shall charge a fee of ten dollars ($10.00) per pole. No fee shall be charged for encroachment permits to stretch a banner across the right-of-way.
(d) No permit to erect, alter, enlarge or maintain a projection beyond the street or alley line, or to encroach upon public property, shall constitute a permanent easement. Every such permit shall be revocable at any time by action of Council, and the City shall not be liable for any damages to the owner by reason of the revocation.
(e) All projections and all encroachments shall be kept and maintained in a safe, sound and non- hazardous condition and in conformity with the provisions of this chapter or, where applicable, with the provisions of Chapter 3113. All corrodible materials shall be kept protected from corrosion by painting or shall be otherwise protected as approved by the Commissioner. All conditions which are declared unsafe or in violation of this chapter by the Commissioner shall be promptly abated by repair or by removal and rendered safe and in compliance with this chapter. Should an owner fail to comply within a reasonable time with any order of the Commissioner requiring the abatement of any unsafe condition, the Commissioner shall act under the provisions of Section 3103.09.
(f) Any permit issued for a projection beyond the street or alley line, or for encroachment upon public property, shall be valid only while the projection or encroachment is maintained in a safe, sound, and nonhazardous condition. The Commissioner shall revoke any such permit when unsafe conditions are not promptly corrected by the owner of the property.
(g) No projection beyond a street or alley line and no encroachment upon public property, shall be constructed so as to interfere with trees on public property, or with street lamps, hydrants, trolley or utility poles or wires, or other public installations, or with any required means of egress.
(h) Except as may be limited or restricted by specific regulations, the provisions of this chapter permitting projections beyond the street or alley line shall apply also to projections on a public park or other permanent open public space provided, however, that the provisions of this chapter permitting underground installations between the street or alley line and the curb line, and the erection of marquees, fixed awnings and entrance canopies shall apply only between the street or alley line and a curb line.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)