(A) Any person who owns real estate adjacent to the city, who desires to install a sprinkler system on his or her real estate, and desires further to install a part of the system on the city-owned or -licensed right-of-way, shall comply with the terms of this section prior to doing so.
(B) The applicant for use of the right-of-way shall make application through the City Secretary, by request for a building permit, along with a letter application accompanied by plans and specifications to scale, showing the location of pipes and sprinkler heads, and a statement from the installer of the sprinkler system that part of the sprinkler system must be installed in the right-of-way in order to operate properly. No application shall be accepted by the City Secretary unless all of the requirements are met.
(C) The City Superintendent shall review the application on receipt to determine whether it complies with this section and that it is reasonably necessary that the sprinkler system be installed in the city right-of-way. Within seven days of its receipt, the City Superintendent shall approve or deny the application. If the application is not approved within seven days, it shall be deemed denied. Any applicant who is not granted an application may appeal the decision of the City Superintendent to the City Council, within seven days of the denial. The appeal shall be set on the agenda of the next regular Council meeting. The City Council shall review the application to determine whether the application complies with this section, and that it is reasonably necessary that the sprinkler system be installed in the city right-of-way, prior to approval.
(D) If the City Superintendent or City Council grants the application, the owner shall be required to execute an agreement for use of right-of-way, a blank copy of which is included in Appendix A to this chapter for reference, prior to being granted a building permit, or proceeding with laying the sprinkler system. The instrument shall also be executed by the City Superintendent as evidence of the issuance of the city’s approval of the application.
(E) If any owner of any real estate, citizen, sprinkler installer, contractor, or other person shall order, permit, direct, or allow the installation of a sprinkler system on the city-owned or -licensed right-of-way, without the permission of the city, that person shall be guilty of a misdemeanor and subject to the provisions of § 96.99.
(F) The City Superintendent shall notify all persons seeking to build sprinkler systems encroaching on the right-of-way of this section and its terms, and shall report all violations of this section to the Chief of Police for appropriate action. All violations not remedied shall be further reported to the City Attorney, Mayor, and City Council to determine whether injunctive relief should be sought from the District Court.
(Ord. 29-83, passed 10-24-1983) Penalty, see § 96.99