(A) The form for obtaining issuance of encroachment permits for performance of any work within the rights-of-way of the city is set forth by the forms created by the city and to be utilized by the applicants requesting encroachment.
(B) The form entitled Vendor Application for Right-of-Way Encroachment, attached to Ordinance 6 S2018/2019 and incorporated by reference as if fully set forth herein, shall be used by all persons, firms or corporations intending to perform any and all work in the rights-of-way with the exception of driveways.
(C) The form entitled Resident Application for Right-of-Way Encroachment for Driveways, attached to Ordinance 6 S2018/2019 and incorporated by reference as if fully set forth herein, shall be used by all persons, firms or corporations solely for the purpose of constructing or renovating driveways with the right-of-way.
(D) No person, firm or corporation shall proceed with any work within said rights-of-way without first completing and filing the proper form with the City Clerk and thereafter obtaining an encroachment permit upon compliance with the terms of this section and the encroachment form's specifications.
(E) Any violation of this section shall be punishable by a fine of $50 per occurrence and each day shall constitute a separate violation, the total of which is subject to collection by any remedy at law including but not limited to liens against the violator's property to secure the payment thereof and suit of law in the court of competent jurisdiction in Jefferson County, Kentucky.
(F) Applicants may apply for a hearing before the Council for temporary or special variances in case of need or hardship. Need or hardship permission to vary will be granted at the sole discretion of the Council.
(Ord. 6 S2018/2019, passed 3-11-2019)