(A) Prior to the issuance of a permit, a written application therefor, signed by the property owner, shall be filed with the City Engineer upon forms prescribed by the city.
(B) The form for application for a permit to maintain a basketball pole, backboard and hoop on the city right-of-way shall include an affidavit to be sworn to by the property owner/applicant before a notary public of this state. It shall set forth, at a minimum, the following pertinent information:
(1) The name of the property owner;
(2) The address of the residential property for which the application for the permit is made;
(3) A sketch of the placement of the basketball pole, backboard and hoop; and
(4) An affidavit of the property owner acknowledging that if a permit is granted in accordance with this chapter, the property owner agrees to indemnify, hold harmless and defend the city, its trustees, elected and appointed officials, agents, servants and employees from and against any and all actions, claims, suits, causes of action, proceedings, penalties, liabilities and judgments for damages, or equitable relief of any nature whatsoever, sustained by the city, or any third party, whatsoever, arising out of or in connection with the placement of, existence of, or use of the basketball pole, backboard and hoop herein permitted, for all costs, losses and expenses, including, but not limited to, damages to persons or property, judgments and attorneys’ fees arising out of or in connection to the placement of, existence of or use of the basketball pole, backboard and hoop permitted herein, and that the property owner agrees to comply with all of the terms and conditions set forth in this chapter.
(C) All applications for permits shall be accompanied by the full amount of the fees chargeable for the permit.
(D) Upon receipt of a completed application by the city, the City Engineer shall review the application and determine initially whether or not the applicant’s residential property satisfies the minimum requirements set forth in § 99.5.03. If the minimum requirements are not satisfied, the application will be returned to the applicant with a letter stating that the application is being returned due to the residential property not meeting the minimum requirements of this chapter. If the minimum requirements are satisfied, the notification and hearing requirements set forth in subdivision (E) below will be followed.
(E) Immediately following receipt of notice from the City Engineer that the application has not been returned to the applicant in accordance with subdivision (D) above, the city, at the cost of the applicant, shall cause an inspection of the applicant’s residential property and the location of the basketball pole, backboard and hoop.
(F) Upon receipt of an application, the City Engineer, at the applicant’s expense, shall notify by certified mail, the surrounding property owners located within 200 feet of the property, that an application is pending for the issuance of a permit under this chapter. Notice shall also be sent to all departments of the city for review and comment.
(1) The notification shall set forth the name of the applicant, the street address of the residential property for which the permit is sought, and the location of the basketball pole, backboard and hoop.
(2) Following the notice, if any objections are received from any of the surrounding residential property owners or from a city department objecting to the application, the City Manager or a designee shall evaluate the objections.
(3) The city shall presume all objections are objective and valid and the burden shall be on the applicant to demonstrate sufficient grounds for granting the permit.
(4) In reviewing objections, the City Manager or a designee shall consider the effect of the use on existing and future dwellings in the vicinity, the site, the traffic safety and the general health and safety of the community.
(5) In the event the applicant has satisfied his burden of proof and the objections are found invalid, the city shall continue processing the application.
(6) In the event the applicant has failed to satisfy the burden of proof and valid objections do exist, the application shall be denied. In which case the applicant shall be entitled to appeal the denial to the City Commission. Such appeal shall be made in writing within ten days of notification that the application is denied. The decision of the City Commission shall be binding on the applicant.
(Ord. 1068, passed 3-16-94)