15-1-080: ENCROACHMENTS:
   A.   Prohibition: It shall be unlawful for any person to encroach on any City recreation facility or public open space with landscaping, fencing, retaining walls, structures, sprinkling systems, drainage pipes, curbing, or other equipment or to disturb the natural or planted landscaping, vegetation, or public structures or equipment on such facilities or open space except as allowed in this section or elsewhere in this Code.
   B.   Private Fences: Private fences within or extending into City recreation facilities or public open space areas shall be removed within thirty (30) days of the effective date of this section by the abutting property owner. They may be reinstalled by the abutting property owner upon the property line of the facility or open space and the abutting property, at the abutting property owner's expense.
   C.   Private Structures, Equipment: Except as otherwise provided in this section, private structures and equipment other than fences, including, but not limited to, trampolines, gazebos, swimming pools, sports courts, retaining walls, curbing, and sprinkling systems may not exist on City recreation facilities or on public open space and shall be removed by the abutting property owner responsible for its placement, maintenance, or existence, as directed by the City's open space specialist.
   D.   Existing Vegetation: Existing trees, shrubs, grass, and other vegetation placed within City recreation facilities or public open space by abutting property owners may remain if they blend with or enhance the natural setting of such facilities or open space, or are necessary to control erosion, as determined by the City's open space specialist.
   E.   Hardship Permit For Existing Structures: Existing structure encroaching into the City's recreation facilities or open space may receive a hardship permit issued by the City Council on a case by case basis depending on circumstances such as the difficulty and cost of removal, the extent of the encroachment, the circumstances surrounding their construction, or evidence of prior agreement with the City. In lieu of a permit, the City Council may in its discretion execute a lease agreement or consider an adjustment to property lines upon payment of value determined by the City or an equivalent property trade, plus damages and costs.
   F.   Failure To Remove: If the abutting property owner fails to timely remove an offending fence or structure, the City may do so and may cause the costs for such work to be assessed against the abutting property and collected through court or other lawful action. Failure to remove the fence or structure as directed by the City's open space specialist shall result in an administrative fee of one thousand dollars ($1,000.00) being added to the costs of removal. The City shall not be liable for any costs, damages, or claims associated with such removal. If the abutting property owner denies any interest in the structure or fence, the City shall remove the structure or fence at its own expense.
   G.   Signage: The City may erect signs designating City recreation facilities or public open space and describing rules for public use of the same.
   H.   Inspection, Enforcement: The City's open space specialist shall annually inspect the City's recreation facilities and public open space and vigorously enforce this section to prevent new encroachments by private individuals.
   I.   Written Disclosure Of Hardship Permit: With regard to subsection E of this section where a hardship permit has been granted, a written disclosure by the existing homeowner to a future homeowner is required and shall be repeated every time the home changes ownership. This disclosure needs to be in a form that is approved by the Draper City Attorney and a copy of the signed disclosure kept on file with the Draper City Recorder. All property lines need to be clearly marked by the homeowner to avoid structural encroachment in the future. (Ord. 1370, 12-11-2018)