§ 18-4. Use of public right-of-way.

(a)

The city shall not be responsible for any damage to improvements in the right-of-way made by adjoining property owners except for concrete or asphalt driveways. The city will repair, at its own expense, concrete and/or asphalt driveways that have been destroyed due to repairs made by the city to its infrastructure or other such related work. The cost of such repair will be limited to the city's cost for replacing with concrete or asphalt only. The property owner may elect to receive this cost repair amount rather than having the work performed by the city. All proposed private use of the city right-of-way such as driveways, parking areas, landscaping or other changes must obtain a right-of-way permit.

(b)

No activity will be permitted in the right-of-way that adversely impacts or otherwise interferes with emergency access, utility access or other such similar access.

(c)

Failure to adhere to the permit and its conditions or these rules may result in the city removing any changes that have been made without notice.

(d)

No items may be placed in the right-of-way and no activities may take place in the right-of-way that are not also permitted or allowable according to the terms and conditions of the city's municipal separate storm sewer system drainage permit (hereinafter "MS4") as issued by either the State of Florida, Department of Environmental Protection and/or the St. Johns River Water Management District.

(e)

All existing nonconforming items may not be replaced or repaired beyond regular maintenance without first obtaining a right-of-way permit. Immediate removal will be required if nonconforming item(s) are causing damage to city property or infrastructure, impairing drainage, contributing to violation of the city's MS4 drainage permit or deemed as a safety hazard by the city.

(f)

The permittee shall be responsible for all maintenance of items placed in the right-of-way and shall be responsible for any repairs. The city will not replace or repair items placed in the right-of-way.

(1)

The permittee shall also indemnify and save harmless the city and its successors and assigns from any claim, action, liability, loss, damage or suit arising from the following:

a.

Any and all damage or maintenance to public and private property caused by the placement of permitted items in or on the city right-of-way.

(2)

Where any claim is asserted, the city shall provide the permittee with reasonable and timely notice of same in writing. Thereafter, the permittee, at its own expense, shall defend, protect and save harmless the city against said claim or any loss or liability arising therefrom.

(g)

All approved work as outlined by the right-of-way permit must be completed in six (6) months.

(h)

(1)

Any final decision by the city manager, or his designee, as to this section shall be appealable to the city's code enforcement special magistrate. A notice of appeal shall be filed with the city clerk within thirty (30) days of receipt of the city manager's final decision. If a notice of appeal is timely filed, the matter shall be placed on the next regularly scheduled agenda of the special magistrate. Further, any violation of this section or of a permit issued pursuant to this section shall be referred to the special magistrate as set forth in chapter 2 of this Code.

(2)

Should the appellant not prevail in the administrative appeal brought before the special magistrate, it shall bear the burden of the city's costs and fees associated with said appeal.

(Ord. No. 2005-22, § 1, 12-5-05; Ord. No. 2014-04 , § 1, 5-5-14)