Encroachments shall be considered as any object above ground or below belonging to a private owner other than the municipality which has been or caused to be constructed or located within streets, public rights-of-way or other property dedicated to a public use.
(GAAB 25.25.010)
Any person desiring to construct an encroachment on a public right-of-way or any other property dedicated to a public use shall apply for an encroachment permit to the director of development services.
(GAAB 25.25.020; AO No. 2003-68, § 9, 9-30-2003)
Unauthorized encroachments shall be subject to immediate removal by the owner upon being given notice by the municipality. Notice shall consist of a written letter, sent by certified mail, return receipt requested, explaining the violation and allowing 20 days to remove the encroachment. If the owner does not remove the encroachment after being given proper notice, the municipality shall remove the encroachment and the person encroaching shall reimburse the municipality for all costs incurred.
(GAAB 25.25.030)
Any encroachment of a private nature without a permit may be removed in accordance with section 24.90.030 or may be granted a permit allowing such encroachment to remain if such encroachment meets the approval of the director of development services or his or her designee. The individual, upon signing the permit, agrees to indemnify the municipality against any and all claims to persons or property which may grow out of or arise in connection with such encroachment within, on, over or under any property owned by the municipality, a public right-of-way or other property dedicated to a public use.
(GAAB 25.25.040; AO No. 2003-68, § 9, 9-30-2003)
Any revocation, suspension or denial of an encroachment permit may be appealed to the zoning board of examiners and appeals by filing a written notice of appeal with the secretary of that board and stating the grounds for such appeal. The appeal notice must be filed within ten days after the effective date of the revocation, suspension or denial from which the appeal is taken. The fee to appeal the denial of an encroachment permit to the zoning board of examiners and appeals shall be as provided in AMCR Section R21.20.002.
(GAAB 25.25.050; AO No. 81-108; AO No. 2001-145(S-1), § 19, 12-11-2001)
A permit fee shall be charged for encroachment permits as provided in the current approved fee schedule, provided however, that recognized community councils and business improvement districts (B.I.D.'s) engaged in the authorized use or encroachment of public rights-of-way shall be exempt from such fees when the use is part of the community council's or the business improvement district's beautification program and commercial or noncommercial persons' or organizations' names or logos are not displayed, except for the names or logos of community councils or business improvement districts if the use is part of the community council's or business improvement district's beautification program.
(AO No. 95-157(S), § 2, 8-8-1995; AO No. 98-37, § 2, 2-24-1998; AO No. 99-58, § 1, 4-6-99)
The provisions of this chapter do not change or alter the requirements set forth for obtaining licenses and permits for construction or excavation work in public rights-of-way. Those persons required to obtain a license or permit before performing construction or excavation work on property owned by the municipality, a public right-of-way or any other property dedicated to a public use do not need to apply for an encroachment permit as outlined in this chapter.
(GAAB 25.25.080)