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Any person owning property within the city may apply, in writing, to the community development director for a permit to build over a utility easement located on the owner's property. The community development director may issue said permit upon the following terms and conditions:
A. The owner of the property shall furnish to the community development director a letter addressed to the city wherein the owners of the property do hold harmless and indemnify the city and indicating that said owners will pay for and be responsible for any costs associated with the building or structure constructed on the easement, and, if required, its removal, should the easement become active and a use of the easement is required by the city or any legitimate utility company; and
B. The owner has satisfied the public works director that the easement does not contain any utility lines or pipes, and that the installation of any lines or pipes is not currently contemplated by the city or any legitimate utility company. The public works director shall communicate, in writing, said satisfaction to the community development director before any permit may be granted.
1. Compliance with this section may be done in lieu of vacating of a utility easement, as set forth in section 10-1-12 of this chapter.
2. In the event a permit is not granted pursuant to this section, the property owner may appeal, in writing, the decision of the community development director to the city council within ten (10) days from the date of the permit denial. The city council may uphold, reverse or modify the decision of the community development director. (Ord. 854, 5-6-2014)