§ 24.30.020. Permit required; sidewalk permits and exemptions.

A.

Permit required. It is unlawful for anyone to use any public place as defined in section 24.30.010 without first having applied for and obtained a permit to engage in such use and paying the permit fee if one is prescribed in this title. No contractor's license shall be required of a certificated utility doing its own work. Nothing contained in this section shall apply to street or storm sewer maintenance work performed by the municipality or street or storm sewer improvement projects under contract with the municipality. A permit must be obtained for the use of any public place. Fines for failure to have a permit under this subsection may be assessed according to the schedule provided in Title 14.

B.

Sidewalk encroachment permit. Subject to the requirements of this subparagraph B., an annual, calendar-year sidewalk encroachment permit may be issued to the owner or lessee occupant of an abutting storefront to allow use of and encroachment in the public sidewalk right-of-way in central business zoning districts B-2A and B-2B. This permit may be issued solely for the purpose of allowing storefront owner/lessee occupants to place on sidewalks subject to the permit: customer advertising or direction signs, tables, chairs, benches, flower boxes, trash receptacles and similar customer amenities and decorative items. With their application to the department of development services, each applicant for a permit under this subsection B. shall provide a schematic diagram of the proposed uses and their locations on the sidewalk in relation to their storefront. As used in this section, "storefront" means the side of the premises facing the street at street level.

1.

One sidewalk encroachment permit may be issued the owner or lessee occupant of each storefront abutting the public sidewalk right-of-way.

a.

The premises occupied by an owner or lessee which is located on a corner shall be considered to have a "storefront" abutting both sidewalks.

2.

The sidewalk encroachment permit only authorizes use of the public sidewalk right-of-way:

a.

In accordance with this subsection B.;

b.

By the owner or lessee occupant of the storefront premises abutting the public sidewalk right-of-way;

c.

Directly in front, of the permittee's storefront premises;

d.

In a manner that ensures at least a contiguous, eight-foot wide pedestrian passageway on the sidewalk; and

e.

To place signs conforming to the requirements of chapter 23.40, provided however, that signs shall not have more than two faces;

f.

In such a manner as reasonably ensures the safe and unobstructed movement of pedestrians, compliance with the Sign Code, the safe and unobstructed use of permitted on-street parking, necessary sidewalk and building access for fire and emergency purposes, adequate insurance coverage and the protection of the public health, safety and welfare.

3.

The department of development services shall issue sidewalk encroachment permits under this subsection B. with such additional conditions, including the specific location of the various permitted uses, as may be reasonably necessary, in its exclusive judgment, to further ensure compliance with the conditions for use of a public sidewalk right-of-way set forth in subsections B.2. a. through B.2.f. of this section.

a.

The department of development services shall attach to each permit a schematic diagram of the permitted uses and locations thereof authorized by the permit.

4.

Upon the first instance of noncompliance with the conditions of this subsection B. or the permittee's permit conditions during the permit period, the department of development services shall issue the permittee a warning notice of non-compliance which shall grant the permittee three days within which to bring permittee's sidewalk use into compliance with this section and the conditions of permittee's permit. Provided the violation cited in such warning notice is cured within the time prescribed, no further action shall be taken to enforce said violation. Except for violations cured within the three-day grace period for first violations, any other violation of the conditions of this subsection B. or the conditions of the permit shall result in a civil penalty for a violation of this section or any condition of a sidewalk encroachment permit as follows:

Violation	Penalty
First violation after warning notice including failure to cure violation cited such notice	A civil penalty equal to three times the permit fee
Second violation after warning notice	A civil penalty of $500.00 plus an amount equal to triple the permit fee.
Third violation after warning notice	Abatement and revocation of the permit or permit denial for the subsequent permit year.

 

Each day a violation remains or occurs under this subsection constitutes a separate violation.

C.

There shall be an exemption from the requirement of subsection A of this section for an owner of property adjacent to the use where use of a public place is for a water utility service line, including an individual key or service box owned by and serving an adjacent property owner, and connected to the facilities of a certificated water utility enterprise, if:

1.

The utility enterprise has obtained or holds any permit which is required by this Code for the use of the designated service lines;

2.

The utility enterprise is regulated by AS 42.05 and is required by the state public utilities commission or other regulating agency to maintain and control the utility service line; and

3.

There appears in each relevant agreement, tariff or permit an agreement by the utility enterprise to accept full liability for the use of the service line as required in section 24.30.080, except for the negligence of the property owner, and to accept full responsibility and charge for compliance with this chapter.

The failure of a use of a public place to meet any of the above conditions at any time, including but not limited to the termination of maintenance or use of connected facilities, shall immediately terminate any exemption from the requirements of subsection A of this section. Any certificated water utility enterprise maintaining a utility service line previously qualifying for an exemption shall notify in writing the record owner of the utility service line, the customer served by the service line and the director of development services of any termination of the exemption within ten days of the termination.

D.

Annual vertical bore permit. Subject to the provisions of this chapter, an annual, calendar-year vertical bore permit may be issued to allow use of and encroachment in the public place.

1.

A permit may be issued solely for the purpose of drilling test bores.

2.

The annual fee for a permit shall be as set forth in section 24.30.100.

3.

A permit may include several locations. However, a sub-permit shall be required and issued for each project.

4.

Sub-permits are not required to be signed, may be electronically transmitted to the permittee, and no inspection fees apply.

5.

Applicable traffic control plans and road closure fees shall be required.

E.

Restoration warranty for work inside a roadway prism. A permittee performing work in a roadway prism under an annual vertical bore permit pursuant to this chapter shall warrant the performance of the excavation, backfill, compaction and resurfacing. Collectively, this work shall be referred to as "restoration." The warranty period shall start when the permit is closed. The permittee shall warrant the performance of the restoration shall be at least equal to the performance of the adjacent surface grade and cross-section, until such time as the roadway prism within and adjacent to the restored area is resurfaced by asphaltic overlay or removal and replacement. Permittee shall also warrant the joint between the restored area and existing surfacing shall be free of cracking and separation.

(CAC 10.28.050; AO No. 79-220; AO No. 97-88, § 1, 6-3-97; AO No. 99-13(S), § 3, 3-16-99; AO No. 2000-64, § 2, 4-18-00; AO No. 2003-68, § 9, 9-30-03; AO No. 2007-70, § 1, 5-15-07; AO No. 2013-100, § 7, 1-1-14)