CHAPTER 8-2: CITY RIGHT-OF-WAY

SECTIONS:

8-2-1:    DEFINITIONS OF TERMS:

8-2-2:    IMPROVEMENTS:

8-2-3:    USE OF CITY RIGHT-OF-WAY:

8-2-4:    EXEMPTIONS:

8-2-5:    APPLICATION REQUIRED:

8-2-6:    PERMITS:

8-2-7:    FEES:

8-2-8:    RESPONSIBILITY OF PERMITTEE:

8-2-9:    RESPONSIBILITY OF PROPERTY OWNER:

8-2-10:    COMMENCEMENT OF WORK:

8-2-11:    CITY NOT LIABLE:

8-2-12:    PENALTIES:

8-2-13:    EMERGENCY WORK:

8-2-14:    ABANDONMENT:

8-2-15:    SEVERABILITY:

8-2-16:    SALE OF UNNECESSARY PUBLIC WAYS:

8-2-17:    BUS BENCHES:

8-2-1 DEFINITIONS OF TERMS:

CITY RIGHT-OF-WAY: Any public street, highway, alley, sidewalk or other platted or written easement which has been dedicated to, or accepted by, or acquired by, the City for public purposes.

EASEMENT: A grant of one (1) or more property rights (e.g., access) by the owner to, or for the use by, the public, a corporation, or another person or entity that includes the total area lying between the exterior edges of the easement.

PERSON: Any individual or his agent, firm, partnership, association, corporation or agent of the aforementioned groups or the state, or any agency or political subdivision thereof.

UTILITIES COMPANY: Any lawfully operating utility company. (Ord. 1338, 6-11-1979; amd. Ord. 2279, 6-25-1991; Ord. 4121, 6-26-2001; Ord. 4981-1519, 6-7-2016)

8-2-2 IMPROVEMENTS:

No person shall make or allow to remain any improvement in any City right-of-way unless a permit from the engineering division is first secured and unless the permit fees specified in this chapter are first paid to the City. The term "improvement," as herein used, means and includes grading or regrading, placing of base materials, paving or repaving, construction or reconstruction of any sidewalk, driveway approach, curb, curb and gutter, bike path, alley gutter or cross gutter; the placement of any bench or planter box or other solid object, traffic-control and protection devices, striping and fences, the planting or removal of any tree or shrubbery; the placing, relocating or transporting of any structure; excavations for the installation or repair of any sanitary sewer line, water line, gas line, electrical line, television cable, telephone line or appurtenant facilities; and the installation or repair of any storm drain, drainage structures or appurtenant facilities.

Drainage regulations for the control of drainage in public right-of-way, public easement or public property shall be as set forth in Title XVI, Chapter 2. (Ord. 1338, 6-11-1979; amd. Ord. 1432, 3-10-1980; Ord. 1508, 3-9-1981; Ord. 3350, eff. 6-22-1995; Ord. 3853, 3-9-1999; Ord. 4981-1519, 6-7-2016)

8-2-3 USE OF CITY RIGHT-OF-WAY:

(A) No person shall maintain or use a location on any City right-of-way or sidewalk owned by the City for the purpose of conducting any business, providing a service, advertising or making or attempting to make sales, except for those facilities or uses described as follows: sanitary sewer mains; manholes and service connections; water mains; vaults and service connections; gas mains, vaults, manholes and service connections; television conduit, duct, direct buried cable or wire, vaults, manholes and poles; electrical conduit, duct, direct buried cable or wire, vaults, manholes and poles; telephone and other communication conduit, duct, direct buried cable or wire, vaults, manholes and poles; and those uses and facilities specifically listed in Section 8-2-4.

(B) No person shall make any improvement at any location on, over, across or under any City right-of-way or sidewalk owned by the City other than that which has been approved and a permit issued by the Public Works Department for said improvement.

(C) No person shall stand on any City right-of-way or sidewalk owned by the City and solicit, or attempt to solicit employment, business or contributions from the occupants of any vehicle.

(D) No person shall place, maintain or cause to be placed or maintained an encroachment or obstruction on or in any public right-of-way, unless a permit has been issued by the City of Prescott pursuant to Section 8-2-6.

(E) No person shall place, maintain or cause to be placed or maintained a campaign sign or any other temporary sign on or in any public right-of-way. Violations of these provisions shall be punishable as prescribed in Section 1-3-1, General Penalty; Misdemeanors, Civil Violations, Continuing Violations. (Ord. 3528, eff. 8-13-1996; Ord. 4107, 5-8-2001; Ord. 4839-1302, 7-10-2012; Ord. 4968-1506, 2-16-2016; Ord. 4981-1519, 6-7-2016)

8-2-4 EXEMPTIONS:

The following uses are hereby exempt from the provisions of Sections 8-2-2 and 8-2-3(A), but are subject to the remaining provisions of this chapter (unless otherwise indicated):

(A) The placement of mailboxes. Said mailboxes are also exempt from the provisions of Section 8-2-7 unless they do not meet the construction requirements as set forth in the YAG standard details and specifications.

(B) The placement of receptacles for free magazines, periodicals, newspapers, and paper-based marketing and advertisement materials, which are also exempt from the provisions of Sections 8-2-3(B), 8-2-5 and 8-2-7, outside of the downtown business area. However, said receptacles shall be placed back of the curb where curbs are installed and shall be placed so as not to interfere with the traveled roadway where curbs are not installed. The placement of privately owned receptacles for free magazines, periodicals, newspapers, and paper-based marketing and advertisement materials is strictly prohibited in the downtown business area. The "downtown business area" is defined in subsection (L) of this section.

(C) The placement of vending machines for the sale of magazines, periodicals, and newspapers outside of the City’s downtown business area is exempt from the provisions of this chapter with respect to requiring a permit and paying the fees therefor, but said newspaper racks shall be securely fastened by a chain or cable to a permanent structure to prevent their being moved and interfering with pedestrian traffic. The placement of privately owned vending machines in the downtown business area is strictly prohibited. The "downtown business area" is defined in subsection (L) of this section.

(D) The placement of City-owned receptacles and vending machines for the storage of, and/or sale of, magazines, periodicals, newspapers, and paper-based marketing and advertisement materials.

(E) The planting of or the removal of any tree or shrubbery, which is also exempt from the provisions of Section 8-2-7.

(F) All duly franchised or licensed utility companies installing mains, service connections, conduit, ducts, direct buried cable or wire, overhead wires, poles, vaults or manholes in any City right-of-way, which are also exempt from the provisions of Section 8-2-7.

(G) The placement of racks or similar improvements for the securing and parking of bicycles adjacent to businesses owned by or occupied by the applicant, which are also exempt from the provision of Section 8-2-7; provided, however, that in the downtown Prescott area all such racks or similar improvements must be constructed of black metal or iron which is compatible with the existing downtown furnishings in the downtown Prescott area.

No permit shall be issued pursuant to this subsection until the applicant posts with the City a general liability insurance policy, in an amount of not less than one million dollars ($1,000,000.00), naming the City of Prescott as an additional insured. The requirement for insurance shall remain in full force and effect so long as the racks or similar improvements remain in the public right-of-way.

(H) Planters or other similar uses, which are also exempt from the provisions of Section 8-2-7.

(I) Sidewalk sales by duly licensed businesses adjacent thereto, which are also exempt from the provisions of Section 8-2-7. Said sales shall only be allowed by written permission of the City Manager, subject to any terms, conditions and restrictions as determined by the City Manager. Such sales shall be limited to four (4) events per year per business, as determined by the City Manager. All merchandise and associated equipment, if placed in a sidewalk, must be placed in such a manner that it allows a minimum of forty-eight inches (48") of unobstructed travel on the sidewalk, and must be placed closer to the business than the curb or outside edge of the sidewalk. Such sales shall also be exempt from the provisions of Sections 8-2-6 and 8-2-7.

(J) Tables, benches and chairs, which are also exempt from the provisions of Sections 8-2-5, 8-2-6 and 8-2-7. Said tables, benches and chairs may be placed on a sidewalk adjacent to a duly licensed business by that business, with the following limitations and conditions:

1. Tables and chairs may only be outside of a business when the adjacent business is open to the public.

2. All such tables, chairs and benches must be kept in a clean condition and in a good state of repair. Unsightly conditions, including, but not limited to, the accumulation of dirt, debris, breakage, rotting, crumbling, cracking, peeling or rusting, and any other similar condition of disrepair or deterioration, is expressly prohibited.

3. If placed in a sidewalk, all such benches must be placed in such a manner that it allows a minimum of forty-eight inches (48") of unobstructed travel on the sidewalk. All such tables and chairs must be placed in such a manner that it allows a minimum of forty-eight inches (48") of unobstructed travel on the sidewalk between the tables and chairs and the curb or outside edge of the sidewalk. All tables and chairs must be placed closer to the business than the curb or outside edge of the sidewalk, and laterally may not extend past the building facade of that business.

4. All tables, chairs and benches allowed by this subsection (J) must be made of metal, wood or a combination thereof; provided, however, that in the downtown Prescott area, all tables, chairs and benches must be constructed of black metal or iron which is compatible with the existing downtown furnishings, and further that outside umbrellas associated with tables or benches are hereby prohibited in the downtown Prescott area.

5. Signage or advertising on any table, bench or chair is expressly prohibited.

(K) Sandwich signs, which are also exempt from the provisions of Sections 8-2-5, 8-2-6 and 8-2-7, with the following limitations and conditions:

1. Said signs may only be outside of a business located within the Downtown Business Zone District, which conducts business on a continuing basis at a permanent location, when the adjacent business is open to the public, and placed in the right-of-way by or on behalf of that business.

2. Said signs may be no more than fifty inches (50") high and thirty-one inches (31") wide. The foregoing measurement shall include all structures or objects upon which the sign is placed or located, together with anything affixed or attached thereto.

3. All such signs must be kept in a clean condition and in a good state of repair. Unsightly conditions, including, but not limited to, the accumulation of dirt, debris, breakage, rotting, crumbling, cracking, peeling or rusting, and any other similar condition of disrepair or deterioration, is expressly prohibited.

4. There may only be a maximum of one (1) sign in front of any one (1) property at any one (1) time.

5. If placed in a sidewalk, any such sign must be placed in such a manner that it allows a minimum of forty-eight inches (48") of unobstructed travel on the sidewalk. In the downtown Prescott area, all such signs must be placed closer to the curb or outside edge of the sidewalk than to the business.

6. The following signs are expressly prohibited: any sign emitting sound, containing light bulbs, balloons, or signs with intermittent or flashing illumination, or animated or moving signs.

7. No signs may be located within a street, public trail, City planter, roadway or other thoroughfare, nor may any sign be affixed to a tree, traffic sign, traffic-control device or utility pole.

(L) For the purposes of this section, the "downtown Prescott area" is hereby defined as follows: that area which is bounded on the south by Carleton Street (not inclusive of Carleton Street), on the east by Marina Street (inclusive of Marina Street), on the north by Sheldon Street (inclusive of Sheldon Street), and on the west by McCormack Street (inclusive of McCormack Street).

(M) The placement of kiosks and the use thereof which are owned by the City. (Ord. 4121, 6-26-2001; Ord. 4420, 10-26-2004; Ord. 4839-1302, 7-10-2012; Ord. 4968-1506, 2-16-2016; Ord. 4981-1519, 6-7-2016; Ord. 2019-1644, 2-26-2019)

8-2-5 APPLICATION REQUIRED:

It shall be unlawful to make any improvement in any City right-of-way without filing with the Public Works Department an application in writing on such form as may be required by the City and obtaining a formal permit for such work, unless specifically exempted pursuant to the terms of this chapter. (Ord. 4121, 6-26-2001; Ord. 4504, 10-25-2005; Ord. 4981-1519, 6-7-2016; Ord. 4981-1519, 6-7-2016)

8-2-6 PERMITS:

(A) Every permit granted by the City for the making of any improvement shall be deemed to have been granted subject to the terms of this chapter and the City of Prescott General Engineering Standards, Standard Details and Technical Specifications, and shall remain with the property affected. Every such improvement shall be made under the direction of and/or to the satisfaction of the Public Works Director, or his designee. Depending upon the nature of the improvements, the City may require that the applicant for a permit hold the proper license or licenses from the Arizona registrar of contractors.

(B) Every applicant for a permit pursuant to this chapter shall be the party held responsible for completing all phases of a project for which a permit has been issued until final acceptance of the work by the City.

(C) All projects involving excavations in the right-of-way shall include backfill and compaction thereof, base material replacement and compaction thereof, and the pavement replacement and compaction thereof.

(D) The Public Works Director may require a financial assurance in accordance with the General Engineering Standards, Section 1.4, to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions and conform to the approved plans and specifications. (Ord. 4121, 6-26-2001; Ord. 4981-1519, 6-7-2016)

8-2-7 FEES:

Unless a different fee (or waiver thereof) is provided for in this chapter, a minimum fee of fifty dollars ($50.00) shall be paid prior to the issuance of any permits pursuant to this chapter. (Ord. 4121, 6-26-2001; Ord. 4981-1519, 6-7-2016)

8-2-8 RESPONSIBILITY OF PERMITTEE:

(A) All work performed under a permit issued by the Public Works Department shall be performed in accordance with the plans and/or specifications submitted by the permittee and approved by the Public Works Department, shall be performed in accordance with the City of Prescott General Engineering Standards and so as to cause minimum interference with the proper and usual use of the streets, alleys or easements, shall be completed within a reasonable time and shall be guaranteed by the permittee for a period of two (2) years from the time of acceptance by the Public Works Department. In the event that any such work becomes unsatisfactory during the guarantee period, the permittee shall immediately repair the same at his own expense. In case the permittee is dilatory about repairing defective work during the guarantee period, the City shall make the necessary repairs at the expense of the person obtaining the permit for the work. In such event, the City shall charge therefor the rate established by the Public Works Department for making such repair.

(B) No excavation shall be left unfilled over Saturday and Sunday, except as allowed by the Public Works Department. Trenching shall not be excavated more than three hundred feet (300') in advance of laying any underground lines nor left unfilled for more than three hundred feet (300') where underground lines have been installed, unless permission is granted by the Public Works Department to exceed these limits.

(C) All excavations crossing any City arterial or collector street shall be limited to the excavating in and the closing of only one (1) lane of traffic at a time. This provision may be modified, subject to the approval of the Public Works Department, to the extent that excavations may be made to more than one (1) lane of traffic; provided, that steel plates, sufficient to withstand the load of heavy traffic, are placed over those excavations made in excess of one (1) lane of traffic.

(D) Installation of underground service pipe or main pipe, conduit, direct buried cable or wire or other structures, except manholes, culverts and catch basins in any City right-of-way shall be in accordance with the City of Prescott General Engineering Standards, Standard Details and Technical Specifications.

(E) Notwithstanding the foregoing, permission for roadway pavement cuts shall not be granted within the City rights-of-way or roadways on any bituminous and/or concrete pavement structures that are less than five (5) years of age.

(F) Permittees shall inspect, at least annually, and maintain underground mains and service lines in unpaved City rights-of-way at a safe, reasonable and adequate minimum depth so as not to unreasonably interfere with routine municipal road and borrow (drainage) ditch grading and maintenance. For purposes of this subsection only, "unpaved City rights-of-way" shall mean those rights-of-way used for street, highway or alley purposes which are unpaved.

(G) The provisions of this section are declared to be severable and if any subsection, sentence, clause or phrase of this section shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining subsections, sentences, clauses or phrases of this section but they shall remain in effect, it being the legislative intent that this section shall stand notwithstanding the invalidity of any part. (Ord. 1338, 6-11-1979; amd. Ord. 1432 3-10-1980; Ord. 1952, 10-27-1987; Ord. 2279, 6-25-1991; Ord. 4504, 10-25-2005; Ord. 4981-1519, 6-7-2016)

8-2-9 RESPONSIBILITY OF PROPERTY OWNER:

Notwithstanding any of the provisions of this chapter, it shall be the responsibility of the property owner to provide the maintenance or repair of that portion of the sanitary sewer connection serving the property and located within the City right-of-way or sanitary sewer easement from the edge of the City right-of-way or sanitary sewer easement to the point of connection with a sanitary sewer collector main. Said maintenance and repair shall require a permit and the paying of all fees thereof and compliance with all the provisions of this chapter. The responsibility of the property owner as herein defined shall be waived with respect to repairs to any portion of the sanitary sewer connection serving the property and located within the City right-of-way or sanitary sewer easement; provided, that the repairs to be made are the result of damage to the said sanitary sewer connection caused by other "persons" or "utility company" as defined in Section 8-2-1. (Ord. 1338, 6-11-1979; amd. Ord. 1432, 3-10-1980; Ord. 4981-1519, 6-7-2016)

8-2-10 COMMENCEMENT OF WORK:

Every permit for any improvement shall become void unless the improvement is commenced within six (6) months from the date of issuance of such permit. (Ord. 1338, 6-11-1979; amd. Ord. 1432, 3-10-1980; Ord. 4981-1519, 6-7-2016)

8-2-11 CITY NOT LIABLE:

The City shall not be liable or responsible for any act or damage that may occur in the performance of any work by the holder of a permit, and the issuance of a permit by the City shall be deemed an agreement on the part of the permittee to indemnify the City and hold the City harmless against any and all liability, loss, cost, damage or expense which may occur to the City because of the negligence or misconduct in the performance of any work by the permittee. (Ord. 1338, 6-11-1979; Ord. 4981-1519, 6-7-2016)

8-2-12 PENALTIES:

It shall be unlawful and a misdemeanor for any person to violate any of the requirements or provisions contained in this chapter. Any person convicted of a violation of any section of this chapter shall be punished as provided in Section 1-3-1.

Each day that a violation is permitted to exist constitutes a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. For the purposes of this chapter, a "person" means any individual or his agent, firm, partnership, association, corporation or agent of the aforementioned groups.

In addition to the penalties provided herein, any person who commences or causes to be commenced any work, or places, maintains or causes to be placed or maintained any encroachment or obstruction without a proper permit as required by this chapter shall pay double permit fees for any work which was unlawfully commenced, if such permit is subsequently issued by the City. Furthermore, any person found in violation of this chapter shall also be required to make restitution to the City of Prescott for any costs incurred by the City to remove or remediate said violation.

A violation of any provision or section of this chapter is further declared to be a public nuisance and the City Attorney may, upon order of the City Council, or on his own initiative, immediately commence any necessary civil actions or proceedings for the abatement, enjoinment or removal thereof in the manner provided by law of any such violation. (Ord. 1338, 6-1979; amd. Ord. 1834, 9-23-1986; Ord. 4107, 5-8-2001; Ord. 4981-1519, 6-7-2016)

8-2-13 EMERGENCY WORK:

Nothing in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any street, highway, alley, City easement or other public place by virtue of any law, ordinance or permit, from making such excavation as may be necessary for the public health and safety or preservation of property when such necessity arises during such hours as the offices of the City are closed; provided, that the person making such excavation shall obtain a permit therefor within two (2) working days after the offices of the City are first opened subsequent to the making of such excavation. (Ord. 1338, 6-1979; Ord. 4981-1519, 6-7-2016)

8-2-14 ABANDONMENT:

Any person who desires that the City abandon any portion of any public street, highway or alley, or other platted or written easement duly recorded in the office of the Yavapai County recorder which has been dedicated to, or acquired by, the City shall file a written request for abandonment with the City Clerk. Said request shall be accompanied by a nonrefundable thirty-dollar ($30.00) fee to help defray the costs of processing the request, which includes, but is not limited to, the preliminary investigation and consideration by staff and Council of said request. The City shall use its best efforts to notify affected property owners of said request.

In the event the City Council approves an abandonment, any ordinance approving said abandonment shall not be effective nor any action relating thereto recorded with the county recorder until a processing fee of two hundred thirty-five dollars ($235.00) is paid to the City, to help defray the costs of processing the abandonment, preparation and publication of the ordinance and any associated documents, and recordation costs.

In addition to the foregoing, in the event that the City Council determines that consideration is required, said ordinance of abandonment will not become effective, nor shall any action relating thereto be recorded, until all consideration is paid to the City. (Ord. 1660, 1-1984; amd. Ord. 3178, eff. 4-21-1994; Ord. 4981-1519, 6-7-2016)

8-2-15 SEVERABILITY:

The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part. (Ord. 1878, 3-24-1987; Ord. 4981-1519, 6-7-2016)

8-2-16 SALE OF UNNECESSARY PUBLIC WAYS:

(A) The City may sell excess City rights-of-way, any portion of any public City street, roadway, highway or alley, other platted or written easements duly recorded in the office of the Yavapai County recorder which has been dedicated to, or acquired by, the City for public purposes, determined not to be needed or likely to be needed within a reasonable future time. Each sale shall be made on the conditions as the City Council may prescribe to the highest responsible bidder after published notice of the sale in accordance with the City Charter; provided, that:

1. Purchaser shall pay for costs of publication, appraisal, escrow, title search, recordation, and all other costs related to said sale.

2. City shall sell said real property by quit claim deed.

3. The City may prescribe such other terms and conditions as in its sole discretion shall determine, including, but not limited to, those necessary for the protection and benefit of abutting owners.

4. The City shall reserve existing public easements for sewer, gas, water or similar pipelines and appurtenances and for canals, laterals, ditches and appurtenances, and for electric, telephone and similar lines and appurtenances.

5. If the purchaser of said real property is an abutting owner, title shall vest, subject to the same encumbrances, liens, limitations, restrictions and estates, as exist on the purchaser’s abutting land.

6. The City may obtain appraisals, hold hearings, and take other similar action in connection with disposition of excess roadways when it deems such action necessary or advisable.

(B) In no event shall the City sell excess rights-of-way so as to leave any land adjoining the roadway right-of-way without an established public road, street or other public way connecting the land with another established public street unless there is expressly reserved in the conveyancing instrument roadway rights of ingress and egress for public and emergency vehicles, all property owners, their guests and invitees and persons lawfully conducting business on the land.

(C) Notwithstanding the foregoing, the City may trade unnecessary public ways as set forth in subsection (A) of this section, conditioned the land being traded for is substantially equivalent in value or size, and subject to the provisions in subsections (A)1, (A)3, (A)4 and (A)6 of this section. (Ord. 1890, 4-28-1987; Ord. 2279, 6-25-1991; Ord. 4981-1519, 6-7-2016)

8-2-17 BUS BENCHES:

Notwithstanding anything to the contrary herein, bus benches shall be allowed within public rights-of-way, subject to the following limitations:

(A) An annual permit for each and every bus bench shall be issued by the Public Works Director. An annual fee of twenty-five dollars ($25.00) shall be levied for each location for which a permit is issued.

(B) Permits for bus benches may only be issued to a provider of public mass transit within the City limits, and upon presentation of liability insurance in an amount of not less than one million dollars ($1,000,000.00), naming the City of Prescott as an additional insured, which insurance must be maintained in full force and effect for as long as the benches permitted are within the City right-of-way.

(C) The number and location of each bus bench is subject to the approval of the Public Works Director, in his sole discretion; provided, however, that a bus bench may only be located at a duly designated bus stop in accordance with Section 9-1-10(B).

(D) Any permit issued hereunder is conditioned upon the permittee maintaining the bus benches in a clean, safe and structurally sound condition, so as not to create a visibly deteriorated or blighted appearance.

(E) Any signage on a bus bench shall consist of the following dimensions: The horizontal dimension of the sign shall not extend beyond the actual seating dimensions of the bench, but in no event to exceed eight feet (8'); the vertical dimension of the sign shall commence at the seat of the bench, and shall extend no further than forty-four inches (44") above the ground. The following types of signs shall be specifically prohibited: illuminated signs, animated signs, and any sign specifically prohibited under Section 6.12(9) of the Prescott land development code.

(F) Any permit issued hereunder is revocable at will by the City Council. In the event of revocation, if the permittee does not remove any benches for which a permit has been revoked pursuant to this subsection within ninety (90) days after receiving notice thereof, the Public Works Director may effectuate the removal of said benches, the cost of which removal shall be assessed against the permittee, and may be recovered by the City in a civil action instituted in the appropriate court of law.

(G) Any permits issued hereunder may be revoked by the Public Works Director in the event of the failure of the permittee to correct any violations of this section within ten (10) days of receiving notice thereof. In the event of revocation, if the permittee does not remove any benches for which a permit has been revoked pursuant to this subsection within ten (10) days after receiving notice thereof, the Public Works Director may effectuate the removal of said benches, the cost of which removal shall be assessed against the permittee, and may be recovered by the City in a civil action instituted in the appropriate court of law. (Ord. 687, 11-9-1964; Ord. 3094, eff. 5-25-1993; Ord. 3334, eff. 5-11-1995; Ord. 4504, 10-25-2005; Ord. 4981-1519, 6-7-2016)