[Ord. #98-03, § 1]
It shall be unlawful for any person to build, construct, maintain,
occupy or use, or cause the same to be done, any structure over, under
or upon public property of the City, without an encroachment permit
to do so.
[Ord. #98-03, § 1]
a.
Application for an encroachment permit required by subsection 14-2.1 shall be made by the property owner to the Director, upon such forms as he/she shall prescribe, and shall be accompanied by the payment of a fee in an amount set by the Master Fee Schedule.
b.
The Director shall review the application. If he deems it necessary,
the Director may demand that a cash or surety bond be filed with the
City in such an amount as set by the Master Fee Schedule. The Director
may also impose an additional fee, if resurfacing of the work area
by the City will be required.
c.
The permit shall grant no right in or to the use or occupancy of
public property, other than that explicitly contained therein, and
shall not be construed as a grant of any right or interest in the
property affected thereby.
d.
The permittee shall indemnify and hold harmless the City in a manner
approved by the City Attorney.
[Ord. #98-03, § 1; Ord. #06-013, § 1]
a.
Except as otherwise provided in this subsection, no person shall
stand or park any vehicle, wagon, pushcart, or other display stand
from which goods, wares, merchandise, flowers, fruits, vegetables,
or foodstuffs are sold, displayed, solicited, or offered for sale
or bartered or exchanged, or any lunch wagon or eating car or vehicle,
on any portion of any street, including sidewalks within the City,
without first obtaining an encroachment permit and a business license,
which shall designate the specific location thereof; provisions of
this paragraph shall not apply to persons delivering such articles
upon order of or by agreement with a customer from a store or other
fixed place of business or distribution.
No more than four (4) permits issued pursuant to this subsection
shall be in existence at any one (1) time.
b.
Whenever any permit is granted under the provisions of this subsection
and a particular location to park or stand is specified therein, no
person shall park or stand any vehicle, wagon, or pushcart on any
location other than is designated in such permit; and, in no case,
shall any vehicle, wagon, pushcart, or other display stand from which
any food or beverage is dispensed be permitted to stand or park at
any time within three hundred (300) feet from the property line of
any school providing instruction to students in pre-kindergarten through
twelfth grade, between the hours of 7:00 a.m. and 5:00 p.m. on school
days.
c.
Any person desiring to obtain a permit required by this subsection
shall make a written application therefor with the Community Development
and Environmental Resources Department. The application shall include:
1.
The name and address of the applicant, and, if the same is a corporation,
the names and addresses of its principal officers, or if the same
is a partnership, association or fictitious company, the names and
addresses of the partners or persons comprising the association or
company, together with the name and address of the person actually
making the application.
2.
A statement as to the type, content, size, style and shape of the
vending vehicle, wagon, pushcart, or display stand.
3.
An accurate color copy or rendering of any proposed signage.
4.
Location of activity.
5.
Hours and days of activity.
d.
Signs are limited to two (2) per vehicle or stand, no one of which
sign may exceed four (4) square feet. Approval of all signage is at
the discretion of the Director.
[Ord. #98-03, § 1]
Structures and uses located on public property shall conform
to all the provisions of this Code and other ordinances, regulations
and guidelines of the City.
[Ord. #98-03, § 1]
It shall be the responsibility of the owner to properly maintain
the permitted encroachment in a safe manner; failure to do so will
be grounds for revocation.
[Ord. #98-03, § 1]
No existing structure located on public property shall be altered,
enlarged, rebuilt, remodeled, improved, or moved, without the approval
of the Director, and issuance of an encroachment permit.
[Ord. #98-03, § 1]
Any structure or use located on public property which, in the
opinion of the City, interferes with the use of public property or
violates provisions of the permit of this section, shall be removed
from such public property by the owner thereof within fifteen (15)
days after written notice or sooner as directed by the Director. These
notices may be posted upon any real property of such owner in the
City, or delivered to the owner personally. Upon the failure of such
owner to remove the structure at his sole expense, the Council may
cause the same to be done and assess the cost thereof against such
owner and the same shall become a lien against the real property.
[Ord. #98-03, § 1]
Utility companies holding franchises to operate in the City
shall obtain encroachment permits and comply with all standards established
by the Director.
[Ord. #98-03, § 1]
All work for which a permit has been issued under this section
shall comply with all City, County and State regulations regarding
health and safety.
[Ord. #98-03, § 1]
a.
All work and use must conform with applicable sections of the City
of Albany Standard Specifications.
b.
It shall be unlawful for any person, other than an employee of the
permit holder or of the City to remove, interfere with or go behind
any barricade erected for public protection, and it shall be unlawful
for any person, other than an employee of the permit holder or of
the City to handle, remove or in any way interfere with any light
placed for the public protection.
c.
All work in the public right-of-way shall comply with any conditions
listed on the encroachment permit.
[Ord. #98-03, § 1]
Any damage done to streets, curbs, gutters, sidewalks or other
public property by any person doing work covered by this section,
whether he is covered by a bond or not, and whether he has a permit
for such work or not, shall be made good by such person.
[1]
Editor's Note: Pursuant to Section 2 of Ordinance No. 98-05,
this subsection shall apply to all actions in which the initial trial
has not commenced prior to July 1, 1998.
[Ord. #98-03, § 1]
As a condition to receiving a permit to do work or otherwise
use the public right-of-way under this section, the person applying
therefor shall safeguard the City from any and all liability or responsibility
for damages to persons or property.
[1]
Editor's Note: Pursuant to Section 2 of Ordinance No. 98-05,
this subsection shall apply to all actions in which the initial trial
has not commenced prior to July 1, 1998.
[Ord. #98-03, § 1]
It shall be unlawful to create new or eliminate existing driveway
approaches without an encroachment permit.
[Ord. #98-03, § 1]
When, in the interests of public safety or convenience, it shall
be found necessary to construct or repair any curbing, driveway, sidewalk
or parking strip, it shall be the duty of the Director to notify the
owners of abutting property when such construction or repairs are
required. Such notice shall specify that, if the construction is not
commenced within two (2) weeks after such notice is given, the Director
shall make the construction or repair and the cost shall be a lien
on such property. Such notice shall be mailed or delivered in person
to the address of the person whose name and address is of record on
the assessment rolls of the City.
Any property owner whose property is to be assessed to pay the
costs and expenses of the proposed construction may make objection
in writing to the Director within the two (2) week period before mentioned.
Such objections will be scheduled for a hearing before the City Council
prior to proceeding with the proposed construction. A failure to make
objection within the specified time shall be deemed a waiver of all
objection to the proposed construction.
