Article 3 — Enforcement

A. Reconstruction. If the Permit Officer determines that the performance of the work described in a permit is unsatisfactory or unacceptable, or both, the Permit Officer may in addition to the remedy in subsection B of this section require that the permittee reconstruct the work to the satisfaction of the Permit Officer or remove the work and restore the right-of-way to current city standards. B. Permit Termination. If the Permit Officer determines that delay in pursuit or completion of the act or work is due to lack of diligence or to a wilful act on the part of the permittee, or that the work is unsatisfactory, unacceptable, or both, the Permit Officer may cancel the permit and restore the right-of-way to its former condition or a safe condition, whichever is less expensive, or complete the work authorized by the permit. The city may contract with a licensed general contractor to complete, install, reconstruct or alter the work in conformance with the permit, or to remove all structures and obliterate all work not completed. The costs incurred by the city shall be repaid to the city from the cash or surety bond deposited by the permittee with the city. The permittee shall pay the costs incurred by the city which exceed the cash deposit or surety bond to the city. (Ord. 03-04 § 2 Exh. A (part))

A. Removal. The Permit Officer may remove an unlawful encroachment. B. Disposition. The Permit Officer may sell, destroy or otherwise dispose of an encroachment if it is unclaimed for ten days after removal, except that if the item or the remains of a dismantled encroachment are incapable of being stored, they may be disposed of within a reasonable time which is less than ten days. C. Claims. A person signing a verified claim of ownership may claim the removed item or remains of a dismantled encroachment from the Permit Officer within ten days after removal by paying an amount sufficient to reimburse the city for the cost of removal, unless the remains were not capable of being stored for later recovery by the owner. The method of calculating the cost of removal shall be as fixed by City Council resolution. (Ord. 03-04 § 2 Exh. A (part))

A violation of this chapter is a nuisance which may be abated and the expense of abatement shall be a lien against the parcel of real property which abuts the right-of-way area subject to the abatement, unless the permittee is not the owner, the owner's agent or personal representative, or acting otherwise on behalf of the owner. (Ord. 03-04 § 2 Exh. A (part))

The applicant shall comply with all laws, ordinances, regulations, and court and similar authoritative orders related to the encroachment permit and shall protect and indemnify the city and its officers, agents and employees against claims or liability proximately caused by the violations of such law, ordinance, regulation or order. (Ord. 03-04 § 2 Exh. A (part))