§ 13-219. ENCROACHMENT IN A PUBLIC RIGHT-OF-WAY.  


Latest version.
  • (a)

    No person shall encroach upon any public right-of-way of the city unless and until such person first obtains and maintains in force and effect a valid encroachment permit issued by the Director. The Director may issue an encroachment permit only when the following conditions have been met:

    (1)

    The record owners of the real property adjacent to the encroachment area have executed and recorded a covenant agreement approved by the City Attorney indemnifying the city for all liability resulting from the use or occupation of the encroachment area.

    (2)

    An application for an encroachment permit has been completed on a form designated by the Director which describes the purpose for the encroachment and the work to be done therein.

    (3)

    Fees relating to the issuance of the encroachment permit, as established by the Master Fee Resolution, have been paid.

    (4)

    The Director determines that the issuance of the encroachment permit will meet a legitimate purpose of the applicant, and that such purpose cannot be feasibly accomplished by any means other than through the issuance of an encroachment permit.

    (5)

    The Director determines that the issuance of an encroachment permit will not be detrimental to the public health, safety, and welfare.

    (b)

    The applicant shall comply with all additional terms, conditions, and restrictions incorporated within the permit and/or covenant which the Director may impose.

    (c)

    Issuance of an encroachment permit shall not relieve the applicant from the obligation of obtaining a street work permit pursuant to Section 13-202 for any work to be done in the public right-of-way contiguous to, or within, the area of the encroachment.

    (d)

    The Director shall revoke any encroachment permit upon determining that the applicant has failed to comply with one or more of the terms, conditions, or restrictions incorporated in the permit or the covenant and shall order the removal of all structures from the encroachment area. This Subsection shall not apply to Subsection 12-328(F) of the Outdoor Dining Ordinance.

    (e)

    The decision of the Director, or any term, condition, or restriction imposed, may be appealed to the Council pursuant to the provisions of Section 13-216 of this Code.

(Added Ord. 79-80, § 1, eff. 6-1-79; Am. Ord. 80-115, § 113, eff. 8-8-80; Am. Ord. 2014-17, § 2, eff. 4-18-14).