(A) Generally. It shall be unlawful to erect or maintain any building, structure or object which encroaches upon any public street, sidewalk or property except upon special permit from the City Council.
(B) Fence encroachments; registration. Subject to the terms, conditions and restrictions hereof, the owner of any fence which as of July 1, 1997, was so located as to encroach upon any city right-of-way, may register the encroaching fence with the City Department of Planning and Development, within 90 days of the effective date of this section (August 17, 1997). The Department of Planning and Development shall issue a permit or the encroachment, without separate approval by the City Council, subject to the following conditions:
(1) The encroaching fence shall not encroach upon any surfaced street or sidewalk;
(2) The location and construction of the fence shall not otherwise create a risk to public safety; and
(3) The owner or owners of the property upon which the fence is located shall execute and deliver to the Department of Planning and Development, a revocable license permit agreement, in a form to be provided by the city, which license permit shall minimally include provision that the owner agree to:
(a) Indemnify the city against liability arising or resulting from the encroachment; and
(b) Remove or relocate the fence, at the owner’s cost and expense, as may be required for the city’s subsequent temporary or permanent access to or use of all or any portion of the right-of-way upon which the fence is located.
(1980 Code, § 14.112) Penalty, see § 91.999