[Added 7-1-1982 (Art. IV of Ch. 10 of the 1973 Code)]
No property owner shall allow or start the erection,
construction, enlargement, alteration, removal, demolition or change
of any encroachment without first obtaining an encroachment permit
from the City Engineer; except that no permit shall be required for
painting, decorating or normal repairs which are not structural in
nature.
An encroachment, in this article, shall include
any permanent attachment to or projection from a building at, above
or below street level which extends into any public right-of-way of
a street or alley, including but not limited to stoops, stairs, bow
and bay windows, porches, basement steps and windows, basement window
wells, underground footings, underground vaults, storefronts, facade
trim, handicap access ramps and eaves.
[Amended 5-2-1991; 11-3-1994]
A.
Application for an encroachment permit shall be made
to the City Engineer on forms provided by his/her office or in the
office of the Director of Code Enforcement.
B.
A separate application shall be required for each
property which is separately assessed.
C.
The application shall be signed and verified by the
property owner and shall include the following:
(1)
An accurate survey, plot plan or drawing to scale
showing the locations and dimensions of structures, sidewalks, streets,
existing encroachments and proposed encroachments. The City Engineer
may request more information or may request formal certification by
a surveyor of information supplied therein.
(2)
If applicable, a detailed drawing or plans and specifications or any new encroachments or changes to existing ones, including repair or reconstruction of any sidewalks or streets affected, together with a statement of cost with documentation of the same kind required in § 141-10 of this chapter.
(3)
A statement that the applicant, his/her successors
or assigns, shall comply with the terms and conditions of this article
and shall hold the City harmless and indemnify it from any liability
because of the existence or condition of the encroachment applied
for.
A.
The permit shall be issued by the City Engineer after
inspection of the area by the City Engineer or his/her staff, provided
the encroachments conform to the following:
(1)
The right-of-way encroached upon must be left safe
and open to pedestrian and vehicular traffic.
(2)
The encroachment does not expose anyone unnecessarily
to harm or liability.
(3)
Encroachments at or above ground level constructed
after this article takes effect shall be designed and constructed
so that they may be removed without structural damage to the building
to which it is attached.
(4)
Encroachments shall be designed and constructed so
that they are structurally sound and safe and so that they will cause
no structural weakness or defects in any other premises, street or
sidewalk.
(5)
Encroachments shall be designed and constructed in
such a way and of such materials as to be appropriate to and in harmony
with the architectural style of the neighborhood in which they are
situated.
(6)
Encroachments shall not adversely affect existing
or planned utilities, either above or below ground.
B.
The denial of the permit by the City Engineer shall state which of the criteria in Subsection A of this section was the reason or reasons for the denial and shall be appealable by way of an Article 78 proceeding, except that an appeal of a denial based on Subsection A(5) of this section shall be taken within six days of the date of the decision to the Zoning Board of Appeals pursuant to the rules of that Board.
The issuance of the permit constitutes authority to start work on the encroachment and/or continue encroaching into the right-of-way until the permit is revoked by reason of one of the events set forth in § 141-71 of this article. The permit shall contain the following:
A.
The name of the current owner of the property to which
the encroachment is attached and the address of that property.
B.
A description of the encroachment.
C.
The date of issuance.
D.
A statement that the permit holder, his/her successors
and assigns, holds harmless and indemnifies the City from any liability
because of the existence or condition of the encroachment permitted.
The permit may be revoked or, if no permit has
been issued, will not be issued and the encroachment ordered to be
removed at the expense of the owner from whose property the encroachment
projects and reconstruct the right-of-way to match the existing conditions
surrounding it, if any of the following conditions exist:
A.
The encroachment fails to conform or no longer conforms to any of the criteria listed in § 141-69A(1) through (6);
B.
The property encroached upon is required for a public
purpose;
C.
The encroachment is altered in such a way as to require
a new permit;
D.
The receipt of public funds by the City is made contingent
upon either the revocation of the permit or removal of the encroachment;
or
E.
The building from which the encroachment projects
is no longer standing or no longer needs the encroachment.
