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An applicant for a balcony permit shall:
(1) File a written application therefor on forms furnished by the City that include the following: the date, the name of the applicant, the location of the proposed balcony, including the legal description of the applicant's and record owner's adjacent property, and such other information as the Board of Trustees may deem necessary;
(2) Pay a one-time application fee as set by the Board of Trustees.
(3) Provide a copy of the recorded deed whereby the applicant establishes that he or she is the record owner of the adjacent property. All record owners of the property shall sign the application as well as the indemnification agreement described herein.
(Ord. 347 §1, 2008)
The Board of Trustees shall inspect or cause to be inspected the balcony described in the application. If, in the sole judgment of the Board of Trustees, the issuance of a permit for the balcony is in the best interest of the City, the Board of Trustees shall authorize the City Manager to issue the permit upon compliance with all other provisions hereof. No such permit shall be issued until approval by the Board of Trustees, verification of ownership, delivery of certificate of insurance, execution and recording of the indemnification agreement, and payment of the application fee. The decision of the Board of Trustees shall be final and shall be based upon all circumstances surrounding the proposed balcony. Circumstances to be considered by the Board of Trustees and the weight to be given to each shall be at the sole discretion of the Board of Trustees.
(Ord. 347 §1, 2008)
The Board of Trustees may revoke a permit issued under this Division whenever the Board of Trustees, in its sole judgment, determines that such permit should be revoked. Such revocation may be on the grounds of public safety, public necessity, public good or any other cause which the Board of Trustees, in its sole judgment, determines to be applicable. The grounds for revocation of a permit under this Division shall not be limited to the grounds set forth in this Section.
(Ord. 347 §1, 2008)
Whenever the Board of Trustees revokes a permit under this Division, and whenever a balcony is constructed or maintained on or over any public property without obtaining a permit, the City Manager shall notify the record owner of the adjacent premises to remove such balcony within such time as the Board of Trustees determines is reasonable under the circumstances.
(Ord. 347 §1, 2008)
If the record owner fails to comply with the order to remove the balcony, the Board of Trustees may cause the balcony to be removed and charge the costs thereof, plus up to fifteen percent (15%) of such costs for administration, to the record owners of the adjacent property. If any record owner fails or refuses to pay, when due, any charges imposed under this Section, the Board of Trustees may, in addition to taking other collection remedies, certify any unpaid charges, including interest, to the County Treasurer, to be levied against the adjacent property for collection by the County in the same manner as delinquent general taxes upon such adjacent property are collected.
(Ord. 347 §1, 2008)