No person shall encroach or cause to be made any encroachment of any nature whatsoever except as permitted under Section 12.08.030 within, upon, over or under the limits of any right-of-way, public property, city or public utility easement or public storm drain ponding area without first obtaining a permit as required by this chapter. Administration of this chapter is referred to the city engineer. The written permits required by this chapter shall be issued by the city engineer, subject to conditions set forth in this chapter or required by other provisions of law.
(Prior code § 97.10)
It shall be unlawful and no permits shall be issued for any person to:
A. 
Deposit or leave any rubbish, brush, earth, building material or other material of any nature whatsoever upon a right-of-way or public property so as to cause such right-of-way or public property to become littered, unsightly or obstructed;
B. 
Display or store any merchandise or other property on a right-of-way or public property at any time. This section does not apply to items noted in Section 12.08.030 as exempt from a permit:
C. 
Construct or maintain a loading platform upon or in the right-of-way or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs or for the purpose of carrying lights intended primarily for lighting abutting property;
D. 
Block the traveled way or impede traffic;
E. 
Block or cover traffic-control devices duly installed by the city.
(Prior code § 97.11)
No permit shall be required to:
A. 
Install and maintain a lawn, hedge, shrubs or other landscaping of less than three feet in height within right-of-way, so long as they are maintained out of the traveled way for vehicles and pedestrians, they do not block established oft-street parking spaces, and do not create a sight distance or safety problem;
B. 
Install or maintain improvements by city employees or by a contractor working under contract for the city;
C. 
Perform maintenance or repair of any pipe or conduit lawfully on or under any right-of-way, city or public utility easement or from making excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises, except that the person making an emergency use or encroachment shall apply for permit the next business day.
(Prior code § 97.12)
All encroachments of any nature whatsoever except as permitted under Section 12.08.030, within, upon, over or under the limits of any right-of-way, public property, city or public utilities easement or public storm drain ponding area that is done without a permit shall be and the same is declared to be unlawful and a public nuisance. Such encroachment shall be removed immediately upon notice to the adjacent property owner or party causing the illegal encroachment. If the removal of the illegal encroachment is unduly delayed by the property owner or party causing the illegal encroachment and if the interest of the public reasonably so demands, the city engineer shall have the authority to remove the illegal encroachment and recover all costs for the work performed by the city pursuant to Section 12.08.110 of this chapter.
(Prior code §97.13)
A. 
The city engineer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain spaces for the name, address and principal place of business of the applicant, together with such detail as in the judgment of the city engineer is necessary to establish the exact location, dimensions, duration and purpose of the proposed use or encroachment.
B. 
If the city engineer finds that the application is in accordance with the requirements of this chapter, a permit shall be issued for the encroachment, attaching such conditions as may be deemed necessary for the health, safety and welfare of the public and protection of the city. In addition to other appropriate conditions, the following may be established:
1. 
The time and dates on which the encroachment may be constructed or established;
2. 
The supervision and safety precautions to be employed, including the erection of barricades, warning lights, signals and signs, and the employment of personnel to direct traffic.
(Prior code § 97.14)
The applicant shall enclose with, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit when required. by the city engineer, and of a size and in such quantity as he may prescribe, on which shall be plainly shown any and all information necessary to locate, delineate, illustrate or identify the proposed use or encroachment and the right of applicant to so use or encroach thereon.
(Prior code § 97.15)
The applicant shall also enclose with, attach or add to the application for a permit the written order or consent to any work thereunder, required by law, of the public utilities commission, or any other public body having jurisdiction. A permit shall not be issued until and unless such order or consent is first obtained and evidence thereof filed with the city engineer. The permittee shall keep himself or herself adequately informed of all state and federal laws and local ordinances and regulations which in any manner affect the permit. The applicant shall at all times comply with and shall cause all his or her agents and employees to comply with all such laws, ordinances, regulations, decisions, court and similar authoritative orders.
(Prior code § 97.16)
The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under the permit, or proximately caused by failure on permittee's part to perform his obligations under such permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Prior code § 97.17)
A. 
City council may establish by resolution a fee schedule for issuance of permits, plan checking and inspections. Before a permit is issued the applicant shall deposit with the city cash or check in a sufficient sum to cover the fees for issuance of the permit, plan checking, and field investigation and other necessary inspection, all in accordance with the fee schedule established by city council.
B. 
Public utilities may, at the city engineer's option, make payment for the above charges as billed by the city instead of advance deposit as required above.
(Prior code § 97.18)
The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not begun within 90 days, or within the time stated in the permit, then the permit shall become void. A permit for continuing a use or maintaining an encroachment previously authorized, including when issued to a public agency or a public utility holding a franchise from the city, shall be valid for a term of one year from date of issuance, unless sooner terminated by discontinuance of the use, or removal of the encroachment, for which the permit was issued.
(Prior code § 97.19)
The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If the work is unduly delayed by the permittee and if the interest of the public reasonably so demands, the city engineer shall have authority to complete the work or any portion thereof. The actual cost of such work by the city plus 20% as an overhead charge shall be charged to and paid by the permittee or his or her surety.
(Prior code § 97.20)
A. 
The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to any authorized representative of the city engineer or law enforcement officer on demand.
B. 
A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to an authorized representative of the city engineer or law enforcement officer within a reasonable time after demand therefor is made.
(Prior code § 97.21)
No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the city engineer. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities, or for changes therein or thereto where such changes or additions require no excavation of the right-of-way.
(Prior code § 97.22)
A. 
The permittee in the conduct of the work, use or maintenance of an encroachment authorized by a permit issued pursuant to this chapter shall provide, erect and maintain such lights, barriers, warning signs, patrols, watchmen, flagmen, and other safeguards as are necessary to protect the traveling public. Any omission on the part of the city engineer to specify in the permit what lights, barriers, or other protective measures or devices are required shall not excuse the permittee from complying with all requirements of law that are appropriate to the safety of those using public streets. If, at any time, the city engineer finds that suitable safeguards are not being provided, the city may provide, erect, maintain, relocate or remove such safeguards as are deemed necessary or may cancel the permit and restore the right-of-way to its former condition, all at the expense of the permittee.
B. 
A permittee making any excavation or erecting or leaving any obstruction within, under or upon the right-of-way, public property, city or public utilities easement or causing the same to be made, erected, or left, shall place and maintain lights at each end of the excavation or obstruction, at not more than 50 foot intervals along the excavation or obstruction, from one-half hour before sunset of each day to one-half hour after sunrise of the next day, until the excavation is entirely refilled or the obstruction removed and the right-of-way made safe for use. In addition, reflectorized warning signs conforming to the requirements of the California Division of Highways shall be placed 200 feet and 400 feet from each excavation or obstruction, in such a position as to adequately warn public traffic.
C. 
The warning signs, lights and other safety, devices shall conform to the requirements of the California Vehicle Code and of any sign manual issued by the Department of Transportation of the state of California.
(Prior code § 97.23; Ord. 01-191 § 16)
A. 
Before beginning any work which is or includes excavation, construction of concrete sidewalks, curbs, gutters or driveway approaches, planting, trimming or removing trees, making, placing or causing an obstruction in the traveled way, the permittee shall notify the city engineer.
B. 
Before starting work on which an inspector is required, the permittee shall notify the city engineer 24 hours in advance of beginning such work.
(Prior code § 97.24)
The permittee shall upon completion of all work authorized in the permit, notify the city engineer. No work shall be deemed to be completed until notification of completion is given pursuant to this section and the work is accepted by the city engineer.
(Prior code § 97.25)
If the work, use or encroachment authorized in the permit issued pursuant to this chapter shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the city engineer.
(Prior code § 97.26)
All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public, or access to adjacent private property without the written permission of the city engineer. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates in valves, manholes, drainage structures, and other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper accordance with the properly constituted authorities charged with their control and maintenance. The work area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required.
(Prior code § 97.27)
A. 
Upon completion of the work, acts or things for which the permit was issued, or when required by the city engineer, the permittee shall replace, repair or restore the public street at the place of work to the same condition existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way of the public street, public property, city or public, utility easement, or public storm drain pending area under the permit, and shall do any other work or perform any act necessary to restore the area to a safe and usable condition.
B. 
After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one year after the completion of the work the permittee shall repair and make good any injury or damage to any portion or the area which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee agrees to comply with the above. The permittee shall, upon notice from the city engineer, immediately repair any injury, damage or nuisance, in any portion of the right-of-way public property, city or public utility easement, or public storm drain ponding area resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the extent of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of such work.
(Prior code § 97.28)
If any future construction, reconstruction or maintenance work by the city on a public right-of-way, public property, city or public utility easement, or public storm drain ponding area requires the relocation, removal or abandonment of installations or encroachments in, on or under the area the permittee, owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense; provided, however, that this provision shall apply to and remain in force and effect only so long as the area upon which such installations or structures are located shall be used for usual purposes. When removal, relocation or abandonment is required, the city engineer shall give such permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed, relocated or abandoned. If such permittee fails to comply with such instructions, the city may cause the removal, relocation or abandonment of the encroachment at the expense of the permittee.
(Prior code § 97.29)
All work done under a permit issued pursuant to this chapter shall conform to standard details and specifications established by the city engineer, or in the absence of established standard details and specifications, to recognized standards of construction and approved practices in connection with the work to be done. All work shall be constructed under the supervision of and to the satisfaction of the city engineer. Should any dispute arise regarding conformance to specifications, such dispute shall be decided by the city engineer, and the decision of the latter shall be final and conclusive.
(Prior code § 97.30)
Unless otherwise approved by the city engineer, no material shall be stored within five feet of a public street, and excess earth materials from trenching or other operations shall be removed from the pavement traveled way, or shoulder as the trench is back-filled or other work carried forward.
(Prior code § 97.31)
Utility services and other small diameter pipes or rigid conduits shall be jacked or otherwise forced underneath a paved surface. The paved surface of a road shall not be cut, trenched, or otherwise disturbed unless specifically authorized in the permit. No tunneling will be permitted except as specifically set forth in the permit.
(Prior code § 97.32)
The minimum cover over any and all pipes or conduits larger than two and a half inches installed within the right-of-way shall be three feet of earth or imported materials, unless otherwise specified in the permit. Within the public street, the minimum cover of three feet shall be measured from the surface, existing or planned. The city engineer is authorized to permit installation of pipes or conduits where three feet of cover cannot be provided because of topography, structures, or other engineering necessity.
(Prior code § 97.33)
Backfilling of an excavation shall be in accordance with standard details and specifications established by the city engineer or as otherwise required by him or her both as to material and method; backfill shall not be placed in any excavation without compaction of the material used therein, the degree and method thereof to be to the satisfaction of the city engineer.
(Prior code § 97.34)
A. 
Clearances and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the public utilities commission and other public agencies having jurisdiction.
B. 
No guy wires are to be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground, prescribed in the rules, orders and regulations of the public utilities commission.
C. 
When a pole, brace, stub, or similar timer is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted.
(Prior code § 97.35)
When the location or position of a pole or other obstruction makes accentuation of its visibility to vehicular traffic necessary, the city engineer may require that the pole or other obstruction be painted or equipped with reflectors or other aids to visibility prescribed or authorized by the public utilities commission or the Department of Transportation of the state of California at the expense of the permittee.
(Prior code § 97.36)
When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or thereover, or otherwise restrict or control travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee.
(Prior code § 97.37)
A mailbox may be placed and maintained within a public right-of-way if a permit has been obtained therefor pursuant to this chapter and so long as such mailbox and its placement comply with the rules and regulations of the United States Postal Service, except as follows:
A. 
No permit shall be required of the Postal Service for the placement of collection and storage boxes and the like, but no such box shall be so placed or maintained as to endanger the life or safety of the traveling public.
B. 
No box for delivery of mail shall be placed or maintained within the limits of any public right-of-way in any area where curbs, gutters and sidewalks have been constructed abutting residential uses, except where pursuant to its rules, regulations, policies, procedures or practices, the United States Postal Service would not deliver mail to a box unless it were placed within such right-of-way or within a required front or side yard.
C. 
In any area where boxes for delivery of mail are permitted to be located within the limits of any public right-of-way, no such box, whether or not a permit has been issued therefor, shall be placed or maintained in any location which creates a hazard to the traveling public or an undue obstruction to the free movement of the traveling public, irrespective of when such situation first came into existence.
(Prior code § 97.38)
No hedge, shrub, or other planting whatsoever, fence or similar structure, shall be maintained across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep free a walkway for pedestrian or other lawful public travel without interference by or with vehicular travel. No encroachment of any nature will be permitted or maintained which impedes, obstructs or denies such pedestrian or other lawful travel within the limits of the right-of-way of a public street, or which impairs adequate sight distance for safe pedestrian or vehicular traffic.
(Prior code § 97.39)
The permittee, or the owner of the adjacent property, shall maintain the hedges, shrubs, walls, fences or similar structures erected for landscaping purposes in a neat and orderly condition at all times. If the encroachment is not maintained as specified in this chapter, the city engineer may direct the permittee or property owner to remove the encroachment and restore the right-of-way to its former condition, at the expense of the permittee or property owner.
(Prior code § 97.40)
A. 
Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of-way of a public street without a written permit. However, the lawn shall not extend into the traveled way of the public street nor into drainage ditches, gutters or other drainage facilities.
B. 
The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatsoever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise.
(Prior code § 97.41)
The applicant for a permit, as required under Section 12.16.070, to plant trees in the right-of-way of a public street shall show in his application the exact location of and the kind of tree to be planted. No change shall be made in either the location of trees or in the kind of trees without the approval of the city engineer. the city engineer may refuse to issue a permit authorizing the planting of trees in the right-of-way of a public street when, in his or her judgment, the location as described in the application, or the nature of the growth above or below ground of the kind of tree proposed, will impede or inconvenience travel on a public high-way or unduly disturb the right-of-way thereof, or in any way impede construction or maintenance of necessary facilities.
(Prior code § 97.42)
Trimming of trees will be permitted only when and in the manner authorized by a permit issued pursuant to this chapter, and provisions of Chapter 12.16, that the shapeliness of the tree may be preserved. An application for removal of a tree will be approved and a permit issued only when a necessity for removal exists, and adjacent property owners concur, or when deemed necessary by the city engineer. When a tree is removed under authority of a permit, the entire stump shall be taken out for a distance of at least two feet below the ground surface unless otherwise specified in the permit, and the hole backfilled and tamped. All debris from trimming or removal shall be removed from the site and the right-of-way restored to its former condition.
(Prior code § 97.43)
No person, without first having obtained a permit, shall solicit on a commercial or donation basis, to place, or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street, sidewalk or curb; except that markings for the purpose of identifying survey, utility or construction locations shall not be subject to this chapter.
(Prior code § 97.44)
Any monument of granite, concrete, iron or other lasting material set for the purpose of locating or preserving the lines or elevation of any public street or right-of-way property subdivision, or a precise survey point or reference point shall not be removed or disturbed without first obtaining permission from the city engineer to do so, such permission to be granted in conformance with requirements as set forth in specifications established by the city engineer. Replacement of removed or disturbed monuments will be at the expense of the permittee.
(Prior code § 97.45)
A. 
The city engineer shall have the power to require property owners to remove driveway approaches where they are an obstruction to the gutter and to reconstruct driveway approaches where drainage or other conditions are unsatisfactory.
B. 
Where a curb has been broken to provide a driveway to a residence, or a business, and the driveway is no longer needed or used as a driveway, the owner of the property or owner or operator of the business shall replace the curb and repair any damage done to the sidewalk by use of the driveway. Such work shall be done in conformity with the requirements of the construction of curbs and sidewalks of the city.
(Prior code § 97.46)
A. 
Every person having a franchise, special permit, license or other effective permission to erect, construct, place and maintain utilities or other facilities or equipment within public streets or rights-of-way, public property, city or public utilities easement, shall not by reason of such permission be deemed to be relieved from the requirements and provisions of this chapter.
B. 
Any proposal or application by any person not already having a franchise or other effective permission to place utilities or other facilities or equipment within public streets or rights-of-way, public property, city or public utilities easement, shall be submitted to the city manager prior to the granting of any encroachment permits pursuant to this chapter. Within 30 days of receipt of such proposal or application, the city manager shall report to city council the fact of such proposal or application and any pertinent information, regarding the granting of a franchise, license or special permit for the proposed use of the streets or other privilege. If city council determines to require a franchise, license or special permit as a condition to the use of the streets or other privilege to be granted by the city, the provisions of Sections 6000 et seq., or Sections 620l et seq., of the Public Utilities Code of the state of California or any other applicable provisions of law shall pertain to such franchise, license or permit. If city council determines that a franchise, license or special permit is not necessary to provide for the best interests of the city, or that a requirement for such a franchise, license or special permit is precluded by applicable law, the matter shall be referred back to the department of public works for the granting of encroachment permits pursuant to this chapter. No provision of this subsection shall be deemed to relieve an applicant, whether or not a franchise or other privilege is granted, from obtaining any necessary conditional use permit pursuant to this code, or from complying with any other applicable regulations and laws.
(Prior code § 97.47)
A. 
Every public utility maintaining pipes, conduits, cables or other equipment in the streets of the city shall file with the city engineer during the month of January of each year a map indicating the size and location of each pipe, conduit, cable or other equipment owned or maintained by such public utility in the streets of the city; provided, however, that after the public utility has in the first instance filed such map, it may thereafter in lieu of filing a new map each year, revise the map on file so as to show changes and exten-sions.
B. 
All information shall be provided on the latest AutoCAD release format utilized by the city. Only standard AutoCAD fonts and line types shall be accepted. The map shall be organized such that the information is on a single layer.
C. 
Where the city engineer finds and determines that the requirement, as applied to individual public utility companies, will involve practical difficulties or undue hardship unnecessary to carry out the purposes and spirit of this chapter, the city engineer may waive the filing of such map, or have the information submitted on mylar reproducibles.
(Prior code § 97.48)
Unless the requirement for a bond is waived in the permit and before a permit is effective, the permittee shall deposit with the city engineer, cash, certified or cashier's check or a certificate of deposit, in the sum to be fixed by the city engineer as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of city council; provided, however, that the permittee may file a cash deposit or a certificate of deposit on an annual basis in a sum estimated by the city engineer as sufficient to cover his activities during any 12 month period.
(Prior code § 97.56)
In lieu of cash, a certified or cashier's check or a certificate of deposit prescribed by Section 12.08.400, the permittee may, upon approval by the city engineer, annually file with the city engineer an approved surety bond issued by a company authorized to do a general surety business in the state of California, in a sum fixed by the city engineer as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of city council.
(Prior code § 97.57)
An applicant for a permit for a use or encroachment which is to continue or remain within, under or upon the right-of-way, public property, city or public utilities easement, or public storm drain ponding area of a public highway beyond the time authorized for construction or installation shall file with the clerk a cash deposit, certificate of deposit or surety bond equal to the cost plus 20% based on construction cost estimates approved by the city engineer as sufficient to reimburse the city for all expenses incurred by the city engineer in making the area safe and convenient for the travel of the general public subject to the schedules, if any, adopted by resolution of city council and in effect at the time of application for a permit.
(Prior code §97.58)
The city engineer may require an additional bond, cash deposit or certificate of deposit at any time when in his or her opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by city council, and in effect at the time of application for a permit.
(Prior code § 97.59)
A. 
The surety bonds required by this chapter shall be executed by the applicant or contractor doing work as principal and by a surety company authorized to do business in the state of California as a surety. The bond shall name the city as obligee and shall be conditioned as follows:
1. 
That each and all of the terms and conditions of the permit shall be fully performed and complied with to the satisfaction of the city engineer,
2. 
That each and all of the provisions of this chapter are complied with.
B. 
An extension of time for performance of work may be granted by the city engineer, but no such extension of time shall be valid unless written and no such extension shall release any surety company from any bond.
(Prior code § 97.60)
Any bond, cash or certificate of deposit required by the city engineer pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit according to the terms of the permit and this chapter, the bond or cash deposit or certificate of deposit shall be released. In the event of noncompliance the city may deduct from the cash deposit or certificate of deposit the actual cost to the city plus 20% of work done by the city pursuant to Section 12.08.110 of this chapter before returning the deposit to the depositor. In the event of a bond having been posted, the city may proceed against the surety and principal for the actual cost to the city plus 20% of work done by the city pursuant to Section 12.08.110 of this chapter.
(Prior code § 97.61)
Cash, certificates of deposit deposits or bonds will not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street, right-of-way, public property, city or public utilities easements.
(Prior code § 97.62)
Any person aggrieved by the refusal of a permit required by this chapter may appeal to city council. If city council finds all of the following to be true, the permit shall be granted:
A. 
That the applicant will be substantially damaged by the refusal to grant the permit as requested;
B. 
That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;
C. 
That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property.
(Prior code § 97.63)