Article 3. Minor Street Privileges
13-301 Definitions.
The following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings respectively ascribed to them in this section:
13-302 Minor street privileges; regulations and permits.
The enjoyment and use of Minor Street Privilege and Minor Use Privilege by the Permittee for private purposes, as hereinafter set forth in this article, shall be subject to regulations and permits as set forth in this Article.
13-303 Permits for privileges; application.
Application for any Minor Street Privilege or Minor Use Privilege shall be submitted to the City Administrator or his/her designee by letter with appropriate drawings, plans or photographs attached.
13-304 Permits for privileges; approval of application; issuance.
On approval of the application for a Minor Street Privilege by the City Administrator or his/her designee or on approval of the application for a Minor Use Privilege by the City Administrator or his/her designee, and upon payment of the required fee, the permit shall be issued for a one (1) year period from the date of issuance by the City Administrator or his/her designee.
13-305 Permits for privileges; authority of city administrator or designee to grant renewal of permits previously issued.
The City Administrator or his/her designee may, but is not required to grant one (1) year renewals of permits previously granted under the provisions of this article upon the payment of annual permit fees to the City Treasurer and continuation in force of surety bond and/or liability insurance for such renewals.
13-306 Liability of permitee.
It shall be a condition of the use or enjoyment of any Minor Street or Minor Use Privilege that the Permittee shall save and hold the City harmless of any and all liability, claims or expenses of any kind caused by, or growing out of, the construction, maintenance, operation, relocation, discontinuance or abatement of such Minor Street or Minor Use Privilege.
13-307 Liability of permitee; requirements as to bond or liability insurance.
Whenever, in the opinion of the City Administrator or his/her designee, the construction, maintenance or abandonment of a Minor Street Privilege or Minor Use Privilege permit is attended with the possibility of substantial damage or loss to the City, to other property owners, or to members of the public, the applicant for such Minor Street Privilege or Minor Use Privilege shall furnish to and file with the City Clerk a surety bond or provide proof of liability insurance that names the City as an additional insured and provides that the City will be given ten (10) days prior notice of cancellation, in an amount determined by the City Administrator or his/her designee to be sufficient to protect against such damage or loss; provided, however, that in all cases where previous special privileges for the use of streets and public places as provided for in this article have been granted by ordinance or resolution by the City Council and bond has been posted or proof of insurance provided under such ordinance, such bond shall continue in effect under the provisions of this article unless canceled by the surety upon such bond.
13-308 Restoration of streets, etc.; costs.
The cost of all restoration work, all adjustments made in connection with existing utilities and any other adjustments made necessary by the construction, maintenance, operation, relocation, or termination of any Minor Street Privilege or Minor Use Privilege shall be paid by the Permittee. All such restoration and other necessary work of adjustment shall be performed in accordance with the provisions of this Article and other ordinances of the City, or in the absence of a regulatory ordinance, shall, at the option of the City Administrator or his/her designee, be performed by the Permittee or by the City at the Permittee’s expense from funds deposited with the City by the Permittee as provided for under the provisions of this Article.
13-309 Termination; notice.
In case any Permittee shall fail to pay the annual permit fee, with accrued penalties, for any Minor Street Privilege or Minor Use Privilege within thirty (30) days after the same shall be due and payable, the City Administrator or his/her designee shall declare the privilege and permission terminated and shall immediately cause a notice of termination to the given the Permittee.
13-310 Termination; notice; permittee to arrange for discontinuance and restore property.
Upon termination of a privilege under the provisions of this Article, the City Administrator or his/her designee shall notify the Permittee to make all necessary arrangements for the discontinuance and abandonment of the privilege and make or cause restoration of the public property, all in accordance with the provisions of this Article.
13-311 Termination; notice; failure to make restoration; costs.
If the Permittee shall fail to make arrangements promptly as required by the 13-310, the City Administrator or his/her designee is authorized to perform the necessary work and charge the expense thereof to the Permittee. In addition to the above cost, the Permittee shall be charged with proportionate permit fees for the period up to the date on which the work or restoration is completed.
13-312 Unlawful use of privileges.
It is unlawful for any person to make any use of a Minor Street Privilege or Minor Use Privilege unless permission for such use has been authorized in accordance with the provisions of this Article, and the use of any Minor Street Privilege or Minor Use Privilege is prohibited unless the permit fee is paid as provided in this Article.
13-313 Control and supervision by city administrator or designee; generally.
Except as otherwise provided in this Article, the City Administrator or his/her designee shall have full control of the supervision, inspection and regulation of Minor Street Privileges or Minor Use Privileges. When the public safety or welfare shall require the temporary or permanent discontinuance or modification of a Minor Street Privilege or Minor Use Privilege, the City Administrator or his/her designee shall take all action necessary for the public interest.
13-314 Control and supervision by city administrator or designee; rules and regulations.
The City Administrator or his/her designee is authorized to prepare and enforce reasonable rules and regulations to govern the carrying out of the provisions of this Article.
13-315 Revocation of privilege and proration of permit fees.
All Minor Street Privileges or Minor Use Privileges provided for in this Article are revocable for any reason or no reason at any time by the City Administrator or his/her designee or by the City Council. Upon any such Minor Street Privilege or Minor Use Privilege being revoked during a period of time for which a permit fee has been paid, the City shall tender to the owner the annual fee paid on a pro rata basis as determined by the City Administrator or his/her designee.
13-316 Annual permit fees; established.
Any Permittee desiring a Minor Street Privilege or Minor Use Privilege permit approved under the provisions of this article shall, upon approval of application, pay a fee as required by this section. The annual permit fees for Minor Street Privilege or minor use permits shall be as set forth in this section. The minimum annual permit fee for Minor Street Privilege or Minor Use Privilege permits shall be twenty-five dollars ($25.00).
The installation of any tank shall comply with the provisions of the Fire Code, Building Code and the zoning ordinances of the City as then existing. No new tank installation shall be made, nor shall any tank now installed on, above or below public property be used for the storage of a commodity with a flash point below one hundred degrees Fahrenheit (100ºF.), closed cup tester.
The space shall be measured from the private property line to the outside of the wall enclosing the space and from the floor of the space to the traffic surface.
13-317 Administrative charge; designated; required.
Any Minor Street Privilege or Minor Use Privilege permit authorized under this article shall be required to be accompanied by an administrative fee of seventy dollars ($70.00).
13-318 Administrative charge; inspection, construction and other permit fees.
All permit fees established for the enjoyment of Minor Street Privileges or Minor Use Privileges shall be separate from and in addition to inspection, construction and other permit fees.
13-319 Fees; payment and disposition.
Permit fees and administrative charges, except for existing uses, shall be payable in advance prior to the issuance of the annual permit, and shall be for a term of one (1) year from the date of its issuance. The receipt for payment of such fee in each successive year shall constitute a renewal of the annual permit.