(A) Permit required. It is unlawful for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor.
(B) Agreement required.
(1) No such permit shall be issued until the applicant, and abutting landowner if other than applicant, shall enter into a written agreement with the city agreeing to pay all costs of constructing and maintaining the setback area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove the setback and reconstruct the area as was at the expense of the landowner, his or her heirs or assigns, if the area ever, in the Council’s opinion, becomes a public hazard.
(2) The agreement shall be recorded in the office of the County Recorder, and shall run with the adjoining land.
(3) The Council may designate the type of parking to be permitted in the setback area and parking signs or markings shall be placed and maintained at the expense of the adjoining landowner.
(C) Public rights preserved. The setback parking areas shall be kept open for public parking and the abutting landowner shall, at no time, acquire any special interest or control of or in such areas.
(Prior Code, § 7.25) Penalty, see § 10.99