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ARTICLE III. STREETS AND SIDEWALKS
DIVISION 1. ENCROACHMENTS AND EXCAVATIONS
For the purpose of this article, the following words shall have the following meanings:
(A) ENCROACHMENT - Any physical object or material thing that occupies space in, under or on a right-of-way, including any obstruction within or over a right-of-way, but not including structural and architectural projections permitted by the code, a building being moved under a city permit and any vehicle, bicycle or similar mechanical means of transportation in motion on a right-of-way.
(B) ENGINEER - The city engineer or designee, including city inspectors and the city streets superintendent.
(C) EXCAVATE - Cutting, digging or boring in a right-of-way, including any street repair, trenching, patch or fill.
(D) RIGHT-OF-WAY - Any real property or interest therein owned by or under the jurisdiction of the city, located within the city, and used or reserved for a public purpose, including any public road, street or alley (including curbs, gutters and parkways), any public waterway, and any public easement, parking lot, park or landscaped area.
(E) STREET CUT FEE - A payment made to the city for the privilege to excavate in order to reimburse the city for damage to the right-of-way caused by the excavation and not corrected by any backfill, compaction or pavement replacement.
(`64 Code, Sec. 26-1) (Ord. No. 2444)
A person shall obtain an encroachment permit from the city before doing any of the following:
(A) Excavate in a right-of-way;
(B) Construct, alter or repair any driveway, sidewalk, curb, gutter, or other improvement in a right-of-way;
(C) Plant, remove or permanently affect in any manner a tree, a shrub or other plant life within a right-of-way;
(D) Create, alter or remove an encroachment, including the erection of a temporary structure; and
(E) Move any object, except a building, the size or movement of which would interfere with the normal flow of vehicular traffic on a right-of-way.
(`64 Code, Sec. 26-2) (Ord. No. 2444)
(A) The engineer shall provide the application for an encroachment permit.
(B) The engineer shall condition the permit as necessary to ensure that the work is performed according to city standards and specifications. If the engineer finds that the proposed work is in the public interest and not contrary to the public health, safety or welfare, the applicant shall be granted the permit.
(C) Until final acceptance of the work, the permittee shall indemnify and save harmless the city council, the city and its officers and employees from all liability and against all loss, cost or expense occasioned by or arising from any work performed under the encroachment permit.
(`64 Code, Sec. 26-3) (Ord. No. 2444)
If a person without an encroachment permit commences any work for which an encroachment permit is required, the engineer shall review the work before issuing a permit. The person commencing such work shall pay a review fee in addition to any permit fees, whether or not the engineer issues a permit. The review fee shall be equal to the total amount of the permit and inspection fees set forth in section 19-220.
(`64 Code, Sec. 26-4) (Ord. No. 2444)
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