(A) No permit shall be issued to make any excavation in the public right-of-way or any break or cut in any surface of the public right-of-way, deposit any earth or other material in the public right-of-way, place any equipment or facility in the public right-of-way, modify or remove any equipment or facility, or perform any other work in the public right-of-way which is not in compliance with this chapter or related regulations or policies.
(B) Every permit shall be conditioned upon compliance with: (I) all provisions of this chapter, (ii) the construction schedule set forth or referenced in the permit, (iii) any construction and restoration standards established by the city, and (iv) such other restrictions and limitations as the city may deem necessary to protect the public health, safety, and welfare. These additional restrictions may include but are not limited to interim or temporary restoration, patching, or resurfacing of the public right-of-way during the construction period.
(C) As a condition for issuance of a permit authorizing installation of decorative pavers abutting a residential lot, the owner of the residential lot will be required to execute a license agreement in a form approved by the City Attorney. The license agreement will include the following terms and conditions:
(1) The owner will be responsible for maintenance and replacement, including re-bordering, cleaning, re-sanding, replacing, resetting, and washing, regardless of the reason such maintenance or repair may be required, at the owner's sole cost;
(2) The owner will be responsible for removal, including required restoration work within the right-of-way such as construction of a driveway apron meeting applicable city standards, regardless of the reason such removal may be required, at the owner's sole cost;
(3) The city will be authorized, at any time, to require the owner to perform any or all of the actions described in divisions (B)(1) and (2) above, in order to protect public health, safety, or welfare;
(4) The city will be authorized to perform or cause the performance of any or all of the actions described in divisions (B)(1) and (2) above, at the owner's cost, whenever the owner has failed or refused to perform such actions when required, or the city determines that immediate action is required;
(5) The owner will indemnify and hold the city harmless from and against all claims for damages of any kind arising from the city's enforcement of or failure to enforce the right-of-way permit, the license agreement, or the provisions of this article;
(6) The city will be authorized at any time to revoke the license agreement for reasons such as owner non-compliance or protection of the public health, safety, or welfare; and
(7) The license agreement will be fully binding on all successors-in-interest in the residential lot.
(Ord. 1537, passed 4-20-2017)