§ 12.08.070. Permit procedure for major encroachment.

A separate application must be filed by the property owner or his or her authorized agent for each permit for a major encroachment. Application for a permit to install a major encroachment shall be filed in the office of the Director of Public Works. After filing of the application, the Director of Public Works shall have an investigation made of the site where the proposed encroachment would be installed. The application must be accompanied by a sketch or plan showing the dimensions and exact location of the proposed encroachment and its relationship to the remainder of the structure and the street lines. A plan and elevations shall be required in all cases in addition to a brief written description of the encroachment. Fees shall be in accordance with the master fee schedule.

The Director of Public Works shall refer each application for a major encroachment permit to the Director of City Planning for review and comment. If response or statement of delay is not received by the Director of Public Works within thirty (30) days, the approval of the Director of City Planning shall be assumed.

When such application for a major encroachment permit and the details shown upon the accompanying sketch or plan have been reviewed by the Director of City Planning and comply with the terms of this title and any further requirements set by the Director of Public Works, the Director of Public Works shall recommend approval of the application.

If the Director of Public Works does not recommend approval of the application, the applicant may appeal the decision of the Director of Public Works to the City Council. Such appeal shall be made on a form prescribed by the Office of the City Clerk. The appeal shall be filed with such office within thirty (30) days of the rejection of the application.

The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Director of Public Works or wherein the decision for denial of application is not supported by evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Upon receipt of the appeal, the Office of the City Clerk shall within thirty (30) days set a time for hearing such appeal. The City Council at such time shall consider the merits of the appeal and render a decision within sixty (60) days from the close of the hearing unless a continuance is agreed to by all affected parties.

The City Council by resolution, if it determines to authorize a major encroachment permit, shall prescribe special conditions for granting a conditional revocable permit in compliance with the terms of this title and such other conditions as may be prescribed by the City Council for public health, safety and appearance. Such resolution constitutes a conditional revocable permit for encroachment which shall take effect when all other conditions set forth therein shall have been complied with, and such permit shall remain in effect as long as the permittee complies with all conditions established for the granting of such permit. The permit shall become null and void upon the failure of the permittee to comply with any conditions established for the granting of such permit or upon a termination by resolution of the City Council as being in the city's best interest.

(Prior code § 6-1.58)