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PROHIBITIVE ENCROACHMENTS AND OBSTRUCTION WITHOUT A PERMIT.
§219.1 Encroachments and Obstructions.
A. Encroachments and Obstructions Unlawful. It is unlawful for any person
to place any building or other materials, or to erect barricades or any other
obstructions within the limits of streets, alleys or sidewalks in the city
without first obtaining a permit therefor.
B.Permit Required. No person shall create, construct, use or maintain any
encroachment or obstruction upon, over or under the surface of any street,
alley or sidewalk or within the limits of such street, alley or sidewalk in the
city without first obtaining a permit therefor from the city council of
Waukee.
C. Application. Application for a permit to create, construct, use or maintain
any encroachment or obstruction within the limits of any street, alley or
sidewalk shall be made in writing to the city council and accompanied with
a complete plan in detail of the proposed encroachment.
D. Approval, surety bond. The city council may, after investigation, approve,
modify or reject the application. They may require as a condition precedent
to the issuance of a permit by the city clerk that the property owner enter into
a contract with the city and furnish the corporate surety bond in an amount
fixed by the city council, conditioned to hold the city harmless from any
damages or expense of any nature sustained by the city or any person or
persons by reason of the encroachment or obstruction for which the permit is
issued.
E.Issuance of Permit; Records. Upon approval of an application for such
permit the city clerk shall, upon filing of a bond, if required, collect the
payment of a fee of twenty-five dollars($25.00) and issue the permit and
retain a record thereof. The permit as issued shall set forth in detail any
requirements imposed by the city council in granting the permit.
F.Revocation. The city council may at any time revoke any permit issued
under and by virtue of the terms of this chapter.
G. Inspection Fee. The city council may require the payments of an inspection
fee for the purpose of covering any costs of making inspection of the site or
the proposed encroachment or obstruction. Failure to pay the fee when due
shall operate as a cancellation of the permit.
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§219.2 Severability. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
as a whole or any section, provision or part hereof not adjudged invalid or unconstitutional.
§219.3 Effective date. This ordinance shall be in effect after its final passage,
approval, and publication as required by law.
[September 10, 1985]