A. Permit Required: Except as may otherwise be specifically authorized in the provisions of this code, it is unlawful for any person to erect or construct any encroachment over, under, or upon any portion of the public way, unless the party so constructing the same shall have obtained an encroachment permit to do so from the mayor, or the mayor's designee.
B. Conditions For Issuance: No permit shall be issued for any encroachment unless:
1. The permittee is the owner of the abutting property, provided that a permit may be issued to the lessee of such property if the encroachment does not involve any excavation, or affixing of structures to improvements, within the public right of way and the owner concurs in writing with the issuance of such permit;
2. The applicant demonstrates good cause for such encroachment;
3. The encroachment will not interfere with the use of the public way by vehicular or pedestrian travel, or with utilities legally installed in or over the public way;
4. The application is reviewed by and recommendations received from the city engineer and the planning commission.
C. Indemnification; Insurance; Bonding:
1. The permittee shall agree to indemnify the city, in a form acceptable to the city attorney, against any claim arising out of or connected with the issuance of the permit and the construction or failure to maintain the encroaching improvements, which indemnification shall be recorded as a covenant running with the adjacent property for as long as such encroachment shall exist.
2. The permittee shall maintain a commercial general liability insurance policy with minimum limits of liability of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, personal injury and property damage. Any deductible or self- insured retention must be declared to and approved by the city. A current certificate of insurance must be kept on file with the city recorder verifying continuing coverage and naming the city, its elected and appointed officials, employees, agents and volunteers as additional insureds. The certificate shall provide thirty (30) days' written notice to the city upon cancellation, nonrenewal or material change in the policy. The mayor may waive or reduce the insurance requirement, if it is determined in consultation with the city attorney and the risk manager that such waiver or reduction is appropriate considering the potential risks that may be associated with the proposed encroachment. Nothing contained herein, shall restrict the mayor from imposing a greater insurance requirement in accordance with the risks.
3. If the encroaching improvements are such that their removal may involve considerable cost to the permittee, the mayor may require a corporate surety bond conditioned on the removal of the encroachment on city request.
D. Conditions: The mayor may impose, in the mayor's sole discretion, such conditions as are determined to be necessary to protect the interests of the city.
E. Revocation: The permit shall be revocable by the city, at any time, for any reason, and the permittee, at its expense, will within ninety (90) days of receipt of written notice that the permit is revoked, remove any structure which has been constructed or placed on or within said right of way.
F. Title Acquisition Limited: The permittee shall not acquire any title to or interest in land in any portion of a street, sidewalk, alley or highway by virtue of any permit issued pursuant to this section.
(1979 Code § 12.04.093; Ord. 97-83, 10-28-1997; amd. Ord. 2002-13, 3-19-2002, eff. 4-4-2002)