13-9
PERMITS:
13-9.1 Required:
No person shall install or maintain any bench on any street without first obtaining a permit from the building inspector. (Code 1972 §28-27)
13-9.2 Separate Permit For Each Bench And Location Required:
A separate permit required by this section shall be obtained for each bench, which permit shall be valid only for a particular location specified on the permit. (Code 1972 §28-28)
13-9.3 New Permit Required Upon Sale of Bench.
Whenever a bench for which a permit has been issued pursuant to this section is sold or title or control thereof assigned or transferred, a new permit shall be obtained for its maintenance. (Code 1972 §28-29)
13-9.4 Application.
No permit required by this section shall be issued except upon written application made upon a form prescribed by the Building Inspector, showing the proposed location of each bench, the advertising, if any, to appear thereon and such other information as the Building Inspector may require. The application shall be signed by the owner of the bench for which the permit is sought. (Code 1972 §28-30)
13-9.5 Submission of Plans and Specifications.
Detailed plans and specifications of each bench shall be supplied by the applicant for a permit required by this section. (Code 1972 §28-31)
13-9.6 Bond or Insurance Policy.
a. No permit shall be issued pursuant to this section unless the applicant therefor shall post and maintain with the Building Inspector a surety bond or policy of public liability insurance, approved by the Building Inspector and conditioned as provided for in paragraph c.
b. Each bond or insurance policy required by paragraph a. shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue.
c. The bond or insurance policy required by paragraph a. shall be conditioned as follows: The permittee shall indemnify and save harmless the City and its officers and employees from any and all loss costs, damages, expenses or liability which may result from or arise out of the granting of the permit or the installation or maintenance of the bench for which the permit is issued; and the permittee shall pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of the installation or maintenance. The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this subsection shall in no case be less than five thousand ($5,000.00) dollars for bodily injuries to or death of one (1) person. The permissible limit of liability for bodily injuries or death of more than one (1) person shall depend upon the number of bench permits covered, and shall not be less than the amount specified in the following schedule:
|
Number of Bench Permits |
Limit of Liability |
|---|---|
|
1 to 10 |
$10,000.00 |
|
11 to 50 |
20,000.00 |
|
51 to 100 |
40,000.00 |
|
101 or more 80,000.00 |
d. The bond or policy of insurance required by paragraph a. shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect.
e. In the event that two (2) or more permits are issued to one (1) permittee, one (1) bond or policy of insurance required by paragraph a. may be furnished to cover two (2) or more benches.
(Code 1972 §28-32)
13-9.7 Notice to Property Owner or Possessor of Bench Location.
Each application for an original permit or a relocation permit pursuant to this section shall be accompanied by an affidavit of the applicant reciting that the applicant has caused the owner or person in lawful possession nor control of the property abutting upon the public street at the place where the bench is proposed to be located to be personally served with a notice on a form prescribed by the Building Inspector that the applicant will file an application for a permit. The form prescribed by the Building Inspector shall contain a statement thereon that the person receiving the notice may object to the location of the bench. (Code 1972 §28-33)
13-9.8 Inspection Fee.
Each application for a permit required by this section shall be accompanied by an inspection fee in an amount established by resolution of the City Council. (Code 1972 §28-34; Ord. #1140, §30)
13-9.9 Denial of Permit; Grounds.
a. The application for a permit required by this section shall be denied if the Building Inspector shall find that the maintenance of the bench would tend to obstruct passage along any public way or create a hazard or would otherwise be detrimental to public safety, welfare or convenience.
b. The application for a permit required by this section shall be canceled and denied if the applicant fails to deposit the annual fee and accept the permit within ten (10) days after notice of the approval of the application by the Building Inspector. (Code 1972 §28-35)
13-9.10 Fee.
If the application for a permit required by this section is granted, an additional fee in an amount established by resolution of the City Council shall be collected at the time of the issuance of the permit. (Code 1972 §28-36; Ord. #1140, §31)
13-9.11 Permits To Be Numbered.
Each permit issued to this section shall have a separate number. (Code 1972 §28-37)
13-9.12 Limitation on Number of Permits Which May Be Issued for One (1) Location.
Not more than two (2) permits shall be issued pursuant to this section for any one (1) location. (Code 1972 §28-38)
13-9.13 Transferal of Permit and Bench to New Location; Fee.
a. When bus stop changes are authorized by the Chief of Police, the permit and bench may be transferred to another location at the same intersection upon the payment of a transfer fee. When the bus stop is moved on a temporary basis, the permit and bench may be transferred to another location at the same intersection without the payment of an additional fee or permit, on condition that the bench and permit be restored to its original location as soon as practicable. The Building Inspector shall be notified of the transfer.
b. Any permittee under this section desiring to permanently change the location in accordance with the provisions of paragraph a. shall pay a fee in an amount established by resolution of the City Council for each such transfer of location.
(Code 1972 §28-39; Ord. #1140, §33)
13-9.14 Expiration of Permit; Renewal.
Each permit shall expire on July 1 next following the date of its issuance unless renewed. A fee in an amount established by resolution of the City Council shall be charged for each annual renewal of the permit. Application for renewal must be made prior to the expiration date and must be accompanied by the renewal fee. (Code 1972 §28-40; Ord. #1140, §32)
13-9.15 Revocation or Nonrenewal of Permits.
a. Any permit issued pursuant to this section may be revoked or renewal thereof denied for any violation of the provisions of this chapter; for any fraud or misrepresentation in the application; or for any reason which would have been grounds for the denial of the application.
b. Any permit issued under provisions of this section shall be canceled and revoked if the permittee fails to install the bench within sixty (60) days after the date of the issuance of the permit.
c. If the owner, tenant or person in lawful possession or control of the property abutting upon the street at the place where the bench is to be located shall object to the maintenance of the bench, and gives written notice of objection to the Building Inspector at any time within ninety (90) days from the date the permit is issued, the permit shall be denied or revoked. If the written notice is received by the Building Inspector after ninety (90) days from the date of the permit, the permit shall not be revoked, but renewal of the permit shall be denied on the next renewal date.
d. The application for a permit required by this section shall be canceled and denied, or the permit revoked, if sixty (60%) percent of the property owners or tenants living or having their place of business within two hundred (200') feet of the location of the bench or benches protest the maintenance of the bench.
(Code 1972 §28-41)
13-9.16 Reserved.1
13-9.17 Removal of Benches After Permit Revocation.
a. After the revocation of any permit issued pursuant to this section, the Building Inspector may remove and store the bench if the permittee fails to do so within ten (l0) days after notice.
b. The permittee may recover the bench within sixty (60) days after the removal if he pays the cost of removal and storage, which shall not exceed two ($2.00) dollars for removal and five ($5.00) dollars a month for storage, for each bench.
c. After sixty (60) days following removal of benches as provided for in paragraph a., the Building Inspector may sell, destroy or otherwise dispose of the bench, at his discretion.
d. The removal or disposal of benches pursuant to paragraph a., shall be at the sole risk of the permittee and shall be in addition to any other remedy provided by law for the violation of this chapter.
(Code 1972 §28-43)
13-9.18 Refund of Fee.
a. No fee paid pursuant to this section shall be refunded in the event the application for a permit required by this section is denied or the permit revoked, with the exception provided for in paragraph b.
b. When for any cause beyond the control of a permittee under this section, a permit is revoked within sixty (60) days after the date of issuance or last renewal of the permit, the permit fee for the current year may be refunded to the permittee upon written demand filed within six (6) months after the date of the revocation.
(Code 1972 §28-44; Ord. #1140, §34)
Editor’s Note: Former subsection 13-9.16, Appeal from Denial, Revocation or Non-renewal of Permit, previously codified herein and containing portions of prior Code 1972, §28-42 was repealed in its entirety by Ordinance No. 1379.