HomeMy WebLinkAbout1985-09-10-Ordinance 2055_Encroachments, Obstruction ProhibitionORDINANCE NO.~:;~
AN ORDINANCR PROHIBITING
TIONS WITHOUT A PERMIT.
RNCROACHMRNTS AND OBSTRlJC-
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE MUNI-
CIPAL CODE,CHAPTER 219 AS FOLLOWS:
Section 2.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 cond it ion 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,condition-
ed to hold the city harmless from any dam-
ages 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.
-2-
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 therof.
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
time revoke any permit issued under
virtue of the terms of this chapter.
at any
and by
G.Inspection Fee.The city council may
require the payment 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 cancel-
lation of the permit.
Section 3.Severability.If any section,pro-
vision 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 unconsti-
tutional.
Section 4.Effective date.This ordinance shall
be in effect after its final passage,approval,and publi-
cation as required by law.
Passed by the
approved this rQ;Cltl the IC':bLday.l ~~4,-,day Of::{4)Jbw,A ,19_._.
f
199-c.;and
/