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2005 Ordinances
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2005 Ordinances
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3/13/2006 11:57:55 AM
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3/31/2005 2:05:24 PM
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<br />. <br /> <br />. <br /> <br />(6) <br /> <br />(7) <br />(8) <br /> <br />(4) <br /> <br />An application to authorize an existing encroachment shall not be <br />approved until after review by the traffic engineer and the city engineer, <br />plus any other review deemed appropriate by the city manager. <br />These reviewing departments may condition their approval on such <br />requirements, conditions, or changes as they deem necessary to protect the <br />public interest, whether for an existing encroachment or for a new <br />encroachment. <br />Each encroachment permit shall require that the owner, for himself, his <br />heirs, devisees, successors and assigns shall agree to indemnify, keep and <br />hold the city free and harmless from liability on account of injury or <br />damage to persons or property growing out of or directly or indirectly <br />resulting from such encroachment and the maintenance, operation and <br />removal thereof; and in the event that any suit or proceeding shall be <br />brought against the city, at law or equity either independently or jointly <br />with such owner on account thereof, the owner will defend the city in any <br />such suit or proceeding at the cost of the owner; and in the event of a final <br />judgment or decree being obtained against the city, either independently or <br />jointly with the owner, then the owner will pay such judgment or comply <br />with such decree with all costs and expenses of whatsoever nature and <br />hold the city harmless therefrom, <br />The city manager may, in his discretion, issue an encroachment permit ifit <br />has been prepared and reviewed pursuant to this section, The city manager <br />may issue an encroachment permit only if he finds that it is in the public <br />interest, will not comprise a hazard, and will not interfere with the <br />reasonable use of any street, All encroachment permits shall be revocable <br />in the discretion of the city manager. <br />An encroachment permit shall, if for new construction, authorize the <br />construction of the encroachment consistent with the application, upon <br />issuance of a building permit under the Uniform Statewide Building Code, <br />where required. An encroachment permit shall authorize the continued <br />location of the encroachment in the public street as per the application, <br />unless and until revoked. <br />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 />Any encroachment or sign located in the right-of-way and found by the <br />city manager to create a hazardous condition shall be removed <br />immediately by the owner of such object or may be removed and disposed <br />of by the city. <br /> <br />(5) <br /> <br />(d) Exceptions, For purposes of this section, a sign placed on the sidewalk <br />portion of the public right-of-way adjoining property zoned Downtown D-l shall not be <br />deemed an encroachment, provided that: <br /> <br />. <br /> <br />(1) <br />(2) <br />(3) <br /> <br />The sign is not permanently affixed to the sidewalk, <br />No part of the sign exceeds 42 inches in height. <br />No sign face exceeds eight square feet. <br /> <br />
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