17.08.040 Maintenance and removal agreement – Required when – Contents.
Applications for encroachment permits for any buildings or structures of any nature shall be accompanied by an encroachment application fee in the sum of $100.00, and an encroachment maintenance and removal agreement, which shall authorize the construction and use of the building or structure, and which shall be signed by the property owner and properly acknowledged. Said agreement shall be prepared by the Director of Parks and Recreation and shall contain the following covenants with the City:
A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole cost, risk and responsibility of the owner and successor in interest, who shall hold the City harmless with respect thereto.
B. The agreement is made for the direct benefit of the property owner’s land, described in the agreement, and the covenants therein shall run with the property and shall be binding upon the assigns and successors of the owners.
C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand in writing by the Director of Public Works. The property owner must remove or relocate said encroachment within 30 days after such notice, or within such longer period as may be provided specifically within said agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relocation. If the owner fails to remove or relocate the encroachment within the period allotted, the Director of Parks and Recreation may cause such work to be done and the cost thereof shall be imposed as a lien upon the property.
D. Encroachments authorized by the Director of Parks and Recreation need not be recorded. (Ord. 2385 § 3, 1990; Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).