Permanent encroachments shall consist of two types. The first type shall be service permanent encroachments that receive regular visits from the provider and customers to receive goods and services. These shall include, but not be limited to, package earner services, newspaper boxes, food service providers, and other similar uses. The second type shall be non-service permanent encroachments that receive periodic visits for maintenance and upkeep. These shall include, but not be limited to, signs, landscaping, and other stationary objects.
   (A)   All permanent encroachments must receive approval by the Board of Public Works and Safety. The applicant shall be required to sign a permanent encroachments agreement if the permanent encroachment is approved. Such agreement shall be recorded at the Hamilton County Recorder’s Office.
   (B)   All permanent encroachments must maintain general liability insurance that lists the city as an additional co-insured. The minimum insurance requirement shall be $1,000,000 per occurrence, $300,000 per person, and $50,000 for legal unless the Board of Public Works and Safety decides to reduce or increase such amounts. The Board may find in certain situations a substantial risk of liability and at their discretion may increase the required insurance amounts equal to those amounts found in the Indiana Tort Claims Act, currently codified in I.C. 34-13-3-4.
   (C)   Service permanent encroachments shall be required to renew their permits every year. The application for permit renewal must be submitted with the proof of general liability insurance.
   (D)   Non-service encroachments shall be good for as long as the encroachment is in place. The Applicant shall be required to maintain general liability insurance on the encroachment, and must produce proof of insurance upon request.
   (E)   Each permanent encroachment shall be kept in a state of good repair and in neat and clean condition, and free of accumulations of trash, rubbish, and debris. Each permanent encroachment shall be regularly serviced so that:
      (1)   It is kept reasonably free of graffiti;
      (2)   It is kept reasonably free of chipped, faded, peeling, and cracked paint or rust and corrosion;  and
      (3)   The structural and functional parts of the permanent encroachment are not broken or unduly misshapen.
   (F)   If the encroachment is deemed by the Designated Department as being in a state of disrepair, the Designated Department shall notify the applicant that the encroachment must be repaired or replaced within 60 days of receipt of notice.
   (G)   Those service permanent encroachments in place prior to May 12, 2010 shall not be subject to the permit renewal requirements of this chapter.
(Ord. 36-08-12, passed 9-11-12)  Penalty, see § 94.99