[Ord. No. 8458, 8-19-2016]
A. Encroachments on City property are prohibited unless permitted by
the City as set out herein.
B. Definitions. When used within this Section the following words shall
have the meanings set out herein:
EASEMENT
The term "easement" as used herein shall refer to streets,
alleys, roadways, general utility easements, water and or sewer line
easements, and drainage easements, whether acquired by grant, ordinance
or the operation of law.
EMERGENCY CONDITION
A condition presented by the encroachment which the director
of any City Department determines, in his/her sole discretion, presents
an imminent hazard to persons or property or which prevents performance
of a City function requiring immediate remedy.
ENCROACHMENT
Development, construction on, or use of City property, City
right-of-way and City easements in such a way as to impede access
by the City or otherwise present a hazardous condition. Encroachments
shall, include, but not be limited to, all objects, whether fixtures,
landscaping features or personalty.
REQUESTING PARTY
Person or entity seeking encroachment authorization pursuant
to this Section.
C. Written Authorization Required. No person or entity shall cause or
allow an encroachment to remain on property owned or controlled by
such person or entity without receiving a written permit for the same,
issued by the director of the City department having a direct interest
in the property, right-of-way or easement and the City functions conducted
on the same. The permit shall specifically state the nature of the
permitted encroachment.
D. Duration. Such permits may be issued to the requesting party as temporary
or conditionally permanent permits. All permanent permits shall be
conditional and may be withdrawn if, in the sole discretion of the
director of a City department which utilizes the property, continuation
of the same represents a hazard to residents or the employees of the
City or presents a significant inconvenience to the City in performing
its functions.
E. Withdrawal. If the director of the City department which issued the
permit subsequently determines that continuation of the permitted
encroachment should be terminated as abovementioned, such director
may withdraw the permit, first giving the holder of the permit, or
the owner or occupant if the holder cannot be contacted by certified
mail, thirty (30) days' notice of intent to withdraw the same.
F. Unpermitted Encroachment. If the City becomes aware of an unpermitted
encroachment, the director of the City department having a direct
interest in the purpose of the City property, right-of-way or easement,
shall give the owner or occupant of the property ten (10) days' notice
by certified mail to remove the encroachment.
G. Removal. If the owner or person notified as set out herein does not
remove the encroachment within the notice period abovementioned, then
the City may enter upon the premises and remove the encroachment.
Interference with such removal shall constitute a violation of this
Section. Should the director of the affected City department, in his/her
sole discretion, determine that the encroachment presents an emergency
condition, the City may remove the encroachment without notice.
H. Penalties. A person or entity violating this Section shall incur
a penalty for each day of violation as provided for daily violations
in the ordinances of the City. Each person or entity participating
in the violation shall be liable to the penalties under this Subsection.
In addition, if the City reasonably deems enforcement in the Municipal
Court to be inadequate, the City may seek injunctive relief against
such encroachment in the Circuit Court of the County in which such
encroachment exists.