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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)
(A) An encroachment permit is valid for the period specified in the permit, which will usually be 30 days from the date of issuance.
(B) A utility encroachment permit is valid for a calendar year, or for the part thereof stated in the permit.
(C) A person conditioned by a land use approval to maintain landscaping or other improvements in a right-of-way shall obtain an indeterminate encroachment permit, which shall be valid as long as the permittee maintains the landscaping or other improvements in accordance with the conditions of the land use approval and complies with all conditions of the indeterminate encroachment permit.
(D) A person permitted by agreement with the city to place a structure on a right-of-way for six months or longer shall obtain an indeterminate encroachment permit, which is valid as long as the agreement permits the structure to remain and the permittee complies with all conditions of the agreement and the indeterminate encroachment permit.
(E) A permittee shall comply with all conditions of the indeterminate encroachment permit issued to the permittee.
(`64 Code, Sec. 26-5) (Ord. No. 2444, 2654)
A public utility shall obtain a utility encroachment permit. Before commencing any work, the public utility shall also obtain an encroachment permit for the specific work. In an emergency, a public utility may do work before obtaining an encroachment permit for the specific work, provided that within three days after beginning the work, the public utility shall inform the engineer of the date, location and type of work done.
(`64 Code, Sec. 26-6) (Ord. No. 2444)
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