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(3) An application for a new encroachment shall not be approved until after review <br />by the Traffic Engineer, the Department of Planning and Community Services, the Law <br />Department, and the City Engineer, plus any other review deemed appropriate by the <br />City Manager, <br /> <br /> An application to authorize an existing encroachment shall not be approved until <br />after review by the Traffic Engineer and the City Engineer, plus any other review <br />deemed appropriate by the City Manager. <br /> <br /> These reviewing departments may condition their approval on such <br />requirements, conditions, or changes as they deem necessary to protect the public <br />interest, whether for an existing encroachment or for a new encroachment. <br /> <br />(4) Each encroachment permit shall require that the Owner, for himself, his heirs, <br />devisees, successors and assigns shall agree to indemnify, keep and hold the City free <br />and harmless from liability on account of injury or damage to persons or property <br />growing out of or directly or indirectly resulting from such encroachment and the <br />maintenance, operation and removal thereof; and in the event that any suit or <br />proceeding shall be brought against the City, at law or equity either independently or <br />jointly with such owner on account thereof, the Owner will defend the City in any such <br />suit or proceeding at the cost of the owner; and in the event of a final judgment or <br />decree being obtained against the City, either independently or jointly with the Owner. <br />then the Owner will pay such judgment or comply with such decree with all costs and <br />expenses of whatsoever nature and hold the City harmless therefrom. <br /> <br />(5) The City Manager may, in his discretion, issue an encroachment permit if it has <br />been prepared and reviewed pursuant to this section. The City Manager may issue an <br />encroachment permit only if he finds that it is in the public interest, will not comprise a <br />hazard, and will not interfere with the reasonable use of any street. All encroachment <br />permits shall be revocable in the discretion of the City Manager. <br /> <br />(6) An encroachment permit shall, if for new construction, authorize the <br />construction of the encroachment consistent with the application, upon issuance of a <br />building permit under the Uniform Statewide Building Code, where required. An <br />encroachment permit shall authorize the continued location of the encroachment in the <br />public street as per the application, unless and until revoked. <br /> <br />(6) The City Manager may establish and modify from time to time a uniform <br />schedule of fees for the filing of applications for encroachment permits. <br /> <br />(d) Violations. It shall be unlawful for any person to cause an encroachment to exist in any <br />except as permitted pursuant to this section. <br /> <br />This ordinance shall take effect on the date of its adoption. <br /> <br /> <br />