No person shall erect, construct, alter, repair, raise, build or move any parklet or portion thereof upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner to the city for street, drainage, sewer or public utility purposes, provided that the Director of Public Works or designee may grant a revocable permit to the owner to construct such structure or to do such work when in their opinion the construction and maintenance thereof would not interfere with any city facilities located in such easement and would not be detrimental to the best interest of the city.
(a) Such permit shall be subject to revocation at any time by the Director of Public Works or designee and would be subject to such terms and conditions as the city manager or designee may consider reasonable for the protection of the best interests of the city including but not limited to provisions that the permittee shall hold the city, its officers, agents and employees free and harmless from any liability for injuries to persons or property resulting from the construction or maintenance of such encroachment and that the removal of the structure when so requested by the city manager or designee shall be at the permittee's expense.
(b) Such permit shall also provide that upon failure of the permittee to remove such structure within a reasonable time after notice from the city manager or his or her designee, the same may be abated and removed by the city and the cost thereof billed to the permitteee.
(c) Notwithstanding PAMC Section 2.30.210(h), the Director of Public Works or their designee may execute a permit issued under this chapter that includes the rent, lease, license or use of city real property for a term up to three years at a time.
(d) If the city is required to move or alter city infrastructure in order to enable a parklet to be located in a specific location, the city may seek reimbursement of such costs as a condition of granting the permit.
(e) Permits issued under this chapter shall not be transferable. In the case a permittee intends to transfer operation of a parklet to another person, the new proposed operator must apply for a new permit.
(f) No person shall encumber any city property interest granted under this chapter and any such encumbrance shall be void as a matter of law.
(g) Permits shall be issued only in areas designated pursuant to PAMC Section 12.11.040.
(h) Parklets shall not be eligible for an encroachment permit under PAMC Chapter 12.10.
(Ord. 5594 § 2, 2024)