(A) Private improvement. The city realizes that in certain instances a private property owner may wish to erect, place, or plant certain private improvements within the boulevard or unopened right-of-way abutting the owner's land. Such private improvements include, but are not limited to, ornamental fences, hedges, berms, sidewalks, driveways, pavement, planters, statues, irrigation systems, rock, and landscaping (hereinafter "private improvement"). Private improvements shall not include any permanent features such as a concrete foundation or other feature requiring major removal efforts.
(B) Permit required. No person shall erect, place, or plant any private improvement within a boulevard or unopened right-of-way abutting their private property without first obtaining a permit from the Public Works Director. In addition, any existing feature which does not hold a valid permit shall require a permit at the time of any reconstruction or repair, or earlier if required by the city. If the abutting boulevard is owned by Hennepin County or the Minnesota Department of Transportation, a permit may also be required by such jurisdiction.
(C) Application and fee. A person requesting a permit under this chapter shall submit an application on forms provided by the city, together with the fee established by Council resolution. The application shall be accompanied with scale drawings of the boulevard or unopened right-of-way and the proposed private improvement, as well as a written description of the materials and construction methods to be used.
(D) Review of application; appeal.
(1) The Director may deny any application if the Director determines that the private improvement would cause, or could cause in the future, any inconvenience to the public. In review of an application, the Director considers factors including, but not limited to, the following:
(a) Effect of the private improvement on snow plowing and snow storage;
(b) Effect of the private improvement on public safety, including traffic visibility and pedestrian safety;
(c) Effect of the private improvement on public land and public or private utilities; and
(d) The public necessity and utility of the private improvement and the availability of alternate locations for the private improvement.
(2) To appeal the denial of a permit application, the aggrieved applicant must submit a written request for hearing to the City Administrator within seven days following receipt of the decision of denial. Appeals will be processed under the procedures established for right-of-way users in § 95.30 of this code.
(E) Permit revocation. The city reserves the right to revoke any permit at any time and for any reason. If the permit is revoked, the property owner has 60 days to remove the private improvement.
(F) Maintenance of private improvement. The abutting landowner shall be responsible for the maintenance of any private improvement located within the boulevard or unopened right-of-way. Any unmaintained private improvements shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition.
(G) Damage to or by private improvement. The city and any other persons authorized by Chapter 95 of this code for installation and maintenance of facilities in the right-of-way shall not assume any responsibility, and the abutting landowner shall assume all responsibility for any damage caused to or by any private improvement located within the boulevard or unopened right-of-way.
(H) Removal requirement. Any private improvement not holding a valid permit is deemed to be a public nuisance and is subject to abatement according to Chapter 93 of this code. The city may bill the property owner for the cost of abatement or assess the cost of abatement against the abutting property in accordance with M.S. Ch. 429, or other applicable law.
(I) Conditions. A person requesting a permit under this chapter must:
(1) Accept all of the terms of this section;
(2) Commence and complete the private improvement within the time specified in the application; and
(3) Make such private improvement at the person's own sole expense without any expense of any kind to the city.
(Ord. 2018-6, passed 11-26-2018)