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A. In the event the application for the permit is denied in whole or in part or the conditions imposed by the administrative authority are unacceptable to the applicant, the applicant may appeal his or her decision to the city council within ten days of receiving notice of the decision.
B. Appeals shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk within ten calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
C. The city council shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this encroachment permit code, to reverse, modify or otherwise alter the determinations and orders of the city engineer made pursuant to the procedures authorized in this chapter, under such rules and regulations as the city council, may, from time to time, adopt. The city engineer shall not participate in the decision of the city council in such cases. If the city council is unable to render a decision, the hearing officer's decision will be considered to be upheld.
D. The city council's decision on an appeal shall be furnished in writing to the appellant and to the city engineer, and all such decisions shall be final immediately.
(Ord. 264 § 1 (part), 2002)
It is unlawful for a person to place, erect or maintain or to permit the placement, erection, maintenance or existence of any encroachment after his or her permit has expired or after his or her permit has been revoked and the time specified in the notice from the city clerk for removal of the same has expired.
(Ord. 264 § 1 (part), 2002)
Any person whose property encroaches in any manner upon, over or under any public property who has not obtained a permit for the placing, erection and/or maintenance of such encroachment, shall remove the same after written notice by the city demanding removal. Notice of removal shall be by certified mail addressed to the post office address of the owner or occupant of the premises where the encroachment exists, by personal service of such notice upon the owner or occupant, or by posting the notice on the premises. The time required for the removal of the encroachment shall be specified in the notice, and shall be a reasonable time considering danger, risk and size of job.
(Ord. 264 § 1 (part), 2002)
A. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when an emergency existed which made impractical to first obtain the permit. The determination of the existence of an emergency shall be solely within the discretion of the city engineer using the definition of emergency in this chapter as a guideline. A violation shall result in an assessment of additional fees for work done prior to permit issuance. The fee shall be the actual cost to the city resulting from illegal activities performed by the applicant, his or her assignee, or his or her employee. Payment of additional fee shall not relieve any person from fully complying with the requirements of this code nor from other penalties prescribed in this code. (Ord. 264 § 1 (part), 2002)