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17.24.014 Permits to Construct and Maintain Structures in the Street Area.

(Amended by Ordinance No. 187403, effective October 28, 2015.)

A.  Except as otherwise provided in this Code, permits to construct, install and/or maintain privately-owned structures in dedicated street area may be issued by the Director of the Bureau of Transportation only to the owner of the property abutting the half of the street area in which the structure is proposed to be built.  Such permits shall be revocable at any time as provided in Section 17.24.016.  The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structure is proposed to be built and all such permits shall be recorded against the title of the benefitting property except as otherwise specified below.  All cost of such recordings shall be borne by the permittee.  Upon sale or other disposition of the property, the permit shall automatically transfer to any new property owner, unless the permit specifically states that it is nontransferable.

B.  Permits may be issued to parties other than the owner of the abutting property only under the following circumstances:

1.  the Director of the Bureau of Transportation has determined that the permittee is an organization with public responsibilities and is of sufficient permanence to carry insurance, liability and maintenance responsibilities for the full life of the permit;  or

2.  the permittee is the owner of a benefited property against which the permit is recorded, and the underlying property owner of the right of way has agreed to issuance of the permit; or

3.  as otherwise provided for in Section 17.24.010 and Chapter 17.56.

C.  The benefits and burdens of permits issued to parties other than the owner of the abutting property shall run with the party or property specified in the permit, other portions of this code notwithstanding