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(1) Public right-of-way shall not be used for private commercial purposes except pursuant to a revocable permits issued by the city manager or manager’s designee.

(2) The city manager is authorized to issue a revocable permit for construction or location of a retaining wall, steps, terracing, plantings, planters, walkways, projecting building features, and other appurtenances to be installed within a public right-of-way at the property owner’s risk and subject to the following conditions and requirements.

(a) Adequate plans and specifications for the proposed installation are submitted to the city engineer.

(b) Conditions approved by the city engineer shall be attached to and made a part of the application and plans.

(c) That the structures comply with the applicable codes or ordinances of the city with regard to structural safety, sanitation, setback, and fire safety requirements.

(d) That the requests be evaluated by the city engineer in regard to any adverse effect on adjoining properties.

(e) That there be no interference with the use of the public way for vehicle, bicycle, pedestrian, existing or proposed utilities and other authorized uses.

(f) That said permit shall be revocable by the city on demand.

(g) All plantings shall be first approved by the city manager or designee.

(h) A fee for the permit shall be charged to the applicant as set by the city manager under section 2.020 of this code.

(i) The applicant shall agree to the foregoing conditions for the approval of said permit.

(3) The city manager is authorized to permit special sidewalk surfaces over and above those allowed in the standard specifications and drawings for paving; provided, however:

(a) The surfacing has been approved by the city engineer from the standpoint of non-skid requirements.

(b) Blocks, bricks, and other sidewalk materials are imbedded to prevent rocking or differential settlement.

(c) The surfacing will be maintained by and at the expense of the abutting property owner.

(d) If the surfacing proves hazardous in the opinion of the city engineer, the surfacing will be replaced with material either meeting city specifications or approval.

(Section 7.445 amended by Ordinance No. 19393, enacted July 28, 1986; by Ordinance No. 19946, enacted December 6, 1993, effective June 6, 1994; Ordinance No. 20390, enacted August 13, 2007, effective September 14, 2007; Ordinance No. 20458, enacted March 8, 2010, effective April 10, 2010.)