(A) A landowner, who has an existing or proposed encroachment into the city easement located on private property, shall file an encroachment agreement application with the city. Applicable encroachments include, but are not limited to, buildings, parking areas, driveways, sidewalks, sheds, swimming pools, patios, decks, play structures or other accessory structures, fences, antennae and basketball courts or other sport courts. Encroachments which do not interfere presently with the public use of the easement area will be permitted to remain should the landowner and the city enter into an encroachment agreement.
(B) The landowner shall file an encroachment agreement application, along with the applicable fee, with the Municipal Engineer. The Municipal Engineer shall review the application, and on a case-by-case basis may determine that the proposed encroachment is acceptable. Encroachments may be acceptable when they do not impair the public use of the easement area and are capable of being removed if a public need for the easement area arises. Encroachments shall not be permitted in designated drainage easements.
(C) Following approval, the Municipal Engineer shall forward the approved application, with any conditions for the encroachment, to the Law Director. The Law Director will prepare an encroachment agreement to be signed by the Municipal Engineer and landowner. Upon the landowner's payment of the applicable filing fee, the Municipal Engineer will file the executed encroachment agreement with the applicable County Recorder's Office.
(D) The landowner will be responsible for securing any additional permission from utility companies or other rightful owners of easements on the landowner's property.
(E) Should the Municipal Engineer discover or be notified of an encroachment into the city easement area, the Municipal Engineer will provide a one-time notice of encroachment by hand delivery or certified mail to the landowner, and allow 30 calendar days for the landowner to remove the encroachment or file an encroachment agreement application. Should the encroachment remain after 30 calendar days, in the absence of the landowner filing an encroachment agreement application, the landowner shall be cited.
(F) Any landowner aggrieved by a decision of the Municipal Engineer may appeal such decision to the City Manager or the Manager's designee. Appeals shall be taken within 20 days after the decision by filing with the Municipal Engineer a notice of appeal, specifying the grounds. The Municipal Engineer shall transmit to the City Manager or the Manager's designee all the papers constituting the record upon which the action was taken.
(G) Nothing in this section shall prohibit the city from entering into an easement area when necessary to gain access at the location of the encroachment. In such situations, the city shall not be responsible for any costs, expenses, damages or reconstruction to the encroachment. The Municipal Engineer in his or her sole discretion will determine whether the City will work in, on, above, or below, around or through the encroachment.
(H) A landowner who enters into an encroachment agreement with the city must adhere to all other Dublin Code sections, including but not limited to Chapter 98 regarding right-of-way management.
(Ord. 32-06, passed 6-5-06; Am. Ord. 24-07, passed 5-21-07) Penalty, see § 150.999