Benches may be placed in the public right-of-way within the
central business district subject to approval by the manager of the:
A.
Location.
Such decision may be appealed to the TC by filing a written appeal
with the city within five business days of receipt of the decision.
The TC will then set, notice and conduct a hearing on the appeal of
applicant; and
B.
Design
standards. Such decision may be appealed to the PC by filing a written
appeal with the city within five business days of receipt of the decision.
The PC will then set, notice and conduct a hearing on the appeal of
applicant.
A.
The
city reserves the right at any time to order any benches installed
under HMC 9.12.010 to be removed.
B.
The
manager will mail written notice to the owners of the benches and
the property adjacent to the area where such benches are placed at
least 10 days prior to a removal deadline.
C.
The
city shall not be liable for the costs of removal, payment of damages
or any other costs associated with removal of such benches.
D.
Failure
of a property owner to remove benches prior to the removal deadline
may result in the city removing the bench and assessing any cost of
removal to the bench owner or abutting property owners.
A.
The
city shall not be liable for any injury or damage resulting from placement
of benches within the public right-of-way.
B.
The
property owner or other person placing the bench within the right-of-way
shall be liable for any injury or damage resulting from the bench
being placed in the right-of-way.
The city may summarily remove and confiscate any bench placed
in the right-of-way that creates or becomes a hazard.
