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(A) Scope of requirement. No person except the Forester, an agent of the Forester, or a contractor hired by the Forester may perform any of the following acts without first obtaining from the Forester a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on city-owned property, or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing without a permit any tree, shrub or other plant located on city-owned property;
(2) Trim, top, prune or remove any tree or portions thereof if the tree or portions thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to person or property;
(3) Place on city-owned property, either above or below ground level, a container for trees, shrubs or other plants;
(4) Damage, top, cut, tap, carve or transplant any tree, shrub or other plant located on city-owned property;
(5) Attach any rope, wire, nail, sign, poster or any other manmade object to any tree, shrub or other plant located on city-owned property; and
(6) Dig a tunnel or trench on city-owned property.
(B) Issuance. Within seven days of receipt of the application, the Forester shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in divisions (A)(1) and (A)(2) above for which a permit is requested whenever;
(1) The acts would result in the abatement of a public nuisance;
(2) The acts are not inconsistent with the development and implementation of any regulations or standards of the Arboricultural Specifications and Regulations Manual; and whenever;
(3) An application has been signed by the applicant or the applicant’s agent or representative and submitted to the Forester detailing the location, number, size and species of trees, shrubs or other plants that will be affected by the acts, setting forth the purpose of the acts and the methods to use, and presenting any additional information that the Forester may find reasonably necessary;
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this subchapter and with the regulations and standard set forth in the Arboricultural Specifications and Regulations Manual;
(5) The applicant certifies that he or she has read and understands those provisions of this subchapter and of the Arboricultural Specifications and Regulations Manual which are pertinent to the work for which the permit is sought; and
(6) If the work for which a permit is issued entails the falling of any tree or part thereof, located on private property, which, as a result of the falling reasonably, may be expected to fall upon city-owned property, and if the falling is done by one other than the owner of the property of which the falling is done, then the applicant shall agree to indemnify and to hold the city harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the City Clerk reliability insurance policy in the amount of $100,000 per person/$300,000 per accident for bodily injury liability and $50,000 aggregate for property damage liability, which policy shall name the city as an additional insured.
(1980 Code, § 14.415) Penalty, see § 91.999
Nothing in this subchapter shall be construed to exempt public utility companies or their agents from any of the requirements of this subchapter.
(1980 Code, § 14.416) Penalty, see § 91.999
SIGNS, AWNINGS AND SIMILAR DEVICES
No sign, show board, advertisement, banner, display, awning, canopy or other similar device or object with or without any lettering, marks, arrows, symbols, information, directions or advertisements thereon shall be erected, placed, located or allowed to remain so that it, or any part thereof, extends over or is located upon any part of any sidewalk, street, alley, parkway or other similar publicly owned areas in the city, except as otherwise permitted in this subchapter.
(1980 Code, § 14.501) Penalty, see § 91.999
(A) Generally. Encroachment by sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed as provided in this section.
(B) Permits. Encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed by the City Council if a permit therefore is issued in accordance with this subchapter.
(C) Effect of exceptions and permits. The existence of an exception hereunder or the issuance of a permit shall not be deemed to allow the violation of any other provisions of this code or established by law or ordinance regarding the obstruction of streets, sidewalks, alleys, parkways or other rights-of- way or the erection, placement, location or allowance of any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, including, but not limited to those established otherwise in this chapter, pertaining to streets and sidewalks, or by Chapter 162, pertaining to zoning.
(1980 Code, § 14.502) Penalty, see § 91.999
(A) Generally. Encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed by a permit issued by the Building Inspector after being approved by the City Council. There is no right to a permit or the continuation of a permit. All permits issued shall be revocable at the pleasure of the City Council or as provided herein.
(B) Types of permits. Permits issued hereunder may either be continuing permits or temporary permits. All permits shall be considered revocable. A continuing permit shall allow the continued encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object until revoked by the City Council or as provided herein. A temporary permit shall allow the encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object only for so long as is stated in the temporary permit and, in no event, more than 30 consecutive days. A temporary permit may be sooner revoked, however, by the City Council or as provided herein.
(C) Application for permit. Any person firm or corporation desiring to erect, place, locate or allow to remain, any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object otherwise prohibited pursuant to § 91.110 shall apply in writing to the City Council. The application shall be filed with the Building Inspector and be in the form, if any, as the Building Inspector may prescribe. The application shall include the following information, at a minimum:
(1) The location of the proposed sign, show board, advertisement, banner, display, awning, canopy or other similar device or object;
(2) The purpose for which the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be erected, placed, located or allowed to remain;
(3) The exact lettering, marks, arrows, symbols, information, directions or advertisements, if any, to be contained thereon;
(4) The size, dimension and proposed placement of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object;
(5) The lighting, if any, of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, including, in addition to any other relevant information, the number and type of globes or lights to be used, the total wattage or candle power thereof and whether the same will be pulsating;
(6) A statement as to whether the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be continuing or temporary; and, if temporary, the dates or time period for which the permit is desired; and
(7) Any other information which may be material or is requested by the Building Inspector.
(D) Review of application. The Building Inspector shall review all applications for permits and forward the same together with the Building Inspector’s recommendations to the City Council.
(E) Issuance of permit. If approved by the City Council, the Building Inspector shall issue a revocable permit in accordance with the application, but subject to reservations or qualifications as the City Council may prescribe. In the case of temporary permits, the permit shall specifically provide that it is limited to a time period specified therein and, in no event, more than 30 consecutive days. Further temporary permits may be applied for. Generally, however, temporary permits will not be issued for a particular location more than 30 days in any 12-month period. Further, no continuing permit will be granted for any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object located upon (as opposed to overhanging) any sidewalk, street, alley, park way or other similar publicly owned areas in the city.
(F) Permit fees.
(1) Generally. Prior to the issuance of a permit hereunder, the applicant shall pay to the city a permit fee as herein provided. The fee shall be collected by the Building Inspector.
(2) Continuing permits. If the device or object contains any lettering, marks, arrows, symbols, information, directions or advertisements, the fee for a continuing permit shall be $0.50 per square foot or fraction thereof of the exposed sides of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, provided, however, that the fee shall in no event be less than $15. In determining square feet, the entire device or object as squared off shall be considered regardless of whether its entire surface contains any lettering, marks, arrows, symbols, information, directions or advertisements. If the device or object does not contain any lettering, marks, arrows, symbols, information, directions or advertisements, the fee shall be $15.
(3) Temporary permits. The fee for a temporary permit shall be $10 for 30 consecutive days, or any part thereof.
(4) Waiver of fee. The City Council reserves the right to waive any fees required hereunder if the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be erected, placed or located by or for a charitable or not-for-profit organization or purpose, or otherwise as it shall determine.
(G) Change in sign. No change shall be made to the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object permitted so that it is different than that permitted except as permitted by a new permit. The same fee shall apply for the new permit as established hereunder for initial permits. In the case of a continuing permit, a new permit shall not be required, however, because of the transfer of the real estate to which it applies. Temporary permits, on the other hand, shall terminate automatically.
(1980 Code, § 14.503) Penalty, see § 91.999
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