No person shall erect or maintain any encroachment from that person’s adjacent property, upon or over any street, alley, sidewalk, or other public property without first obtaining a permit from the City Council in a manner set forth herein. As used herein, person shall indicate property owner including individual, corporation, limited liability company, partnership, or any other entity that owns real property.
(A) Application process. An applicant for a revocable 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 encroachment, including the legal description of the applicant’s and record owner’s adjacent property, engineering plans as required, and such other information as the city may deem necessary;
(2) A fee of $300 will be assessed to permit applications requiring engineer plan review; and
(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.
(B) Issuance of permit. The City Council shall inspect or cause to be inspected the encroachment described in the application. If, in the sole judgment of the City Council, the issuance of a permit for the encroachment is in the best interest of the city, the City Council shall authorize the City Manager or his or her designee to issue the permit upon compliance with all other provisions hereof. No such permit shall be issued until approval by the City Council, verification of ownership, delivery of certificate of insurance, execution and recording of the indemnification agreement, and payment of the fee. The decision of the City Council shall be final and shall be based upon all circumstances surrounding the proposed encroachment. Circumstances to be considered by the City Council and the weight to be given to each shall be at the sole discretion of the City Council.
(1) Non-permanent improvements/items located within the public right-of-way shall require approval of a revocable permit for non-permanent improvements/items to be installed by the property owner or tenant with property owner approval.
(2) Such requests shall be evaluated based upon a standard of promoting public safety and the provision of accessible means of ingress and egress.
(C) Revocation of permit. The City Council may revoke a permit issued under this section whenever the City Council, 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 City Council, in its sole judgment, determines to be applicable. The grounds for revocation of a permit under this section shall not be limited to the grounds set forth in this section.
(D) Notice of revocation. Whenever the City Council revokes a permit under this section, and whenever an encroachment is constructed or maintained on or over any public property without obtaining a permit, the City Manager or his or her designee shall notify the record owner of the adjacent premises to remove such encroachment within such time as the City Council determines is reasonable under the circumstances.
(E) Removal by city. If the record owner fails to comply with the order to remove the encroachment, the City Council may cause the encroachment to be removed and charge the costs thereof, plus up to 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 City Council 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.
(F) Nuisance declared. The City Council hereby declares that the construction or maintenance of an encroachment upon or over any public property within the city, without obtaining a permit as required under this section, constitutes a public nuisance.
(Ord. 1918, passed 10-29-2020) Penalty, see § 156.999