A fee of $150 shall be charged to process each request to be allowed to encroach upon
any public way or right including, but not limited to, streets, alleys, sidewalks
and public places; provided, however, that no fee shall be charged to process a request
received after January 1, 1987, which involves an encroachment by residential property
that existed as of December 31, 1986, and which seeks permission for the same or a
lesser encroachment to continue to encroach upon a public way or right. Notwithstanding
the first sentence of this section, the city manager or the manager's designee is
authorized to grant a waiver of the $150 fee when it is determined that the fee constitutes
an undue hardship to the person requesting the encroachment or is disproportionate
to the value of the requested encroachment or that a waiver of the fee is otherwise
in the public interest. (Code 1963, Sec. 36-47; Ord. No. 3183, 2/24/87, Sec. 1; Ord.
No. 4256, 6/15/02, Sec. 1)
