[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:
CITY REAL ESTATE
Land which is owned in fee title by the City.
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 All permanent permits shall be conditional and may be withdrawn if, in the sole discretion of the director of a City department which utilizes the property, continuation of the same represents a hazard to residents or the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.