(a) Awnings that project over any part of the public right of way shall be at an elevation of not less than seven feet above the sidewalk or grade at all points and may not extend closer than fifteen feet to the street line. If necessary for reasons of public safety, health and welfare, the Director of Public Service-Safety may require a greater setback from the street line. Awnings shall be made of fabric and supported without posts, by metal brackets, hinges or pivots, with metal framework attached to the building, with the sidewalk to be wholly unobstructed thereby. If the awning is one capable of being folded or rolled flat against the building, no part of the awning so rolled or folded shall be less than seven feet above the sidewalk or grade. No awning shall project more than eight feet from the face of the building to which it is attached.
(b) If any awning projecting over any part of the public right of way is determined to be a danger to public health, welfare and safety by the Director, the Director shall give the property owner of record of the building to which the awning is attached a written notice to eliminate such danger within seven calendar days. If the danger is not eliminated by the property owner within the seven-day period, the Director shall cause the danger to be eliminated, with all associated costs to be paid by the owner of record of the building. The City is authorized to file suit in a court of competent jurisdiction to recover such associated costs.
(c) The placement of an awning above the public right of way constitutes a license subject to termination by the City at will and does not create an easement or any other interest in the right of way. (Ord. 105-87. Passed 11-3-87.)