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HomeMy WebLinkAbout2021-06-30-2191 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. 2 §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]