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The conditions set out in this Section shall apply to all encroachment permits issued by the City and are incorporated therein and made a part thereof by reference. All encroachment permits are subject to the following conditions whether stated therein or not:

a.All encroachment permits are revocable on motion of the City Council and no notice is required unless specifically so stated in the permit. The revocation of any permit shall be effective immediately upon the passage of the motion, or if notice is required by the terms of the permit, on the date of mailing notice of revocation.

b.Where notice, in writing, is required by the terms of the permit, such notice shall be mailed to the applicant at the address appearing on the application, unless the City Clerk has been notified, in writing, of a change of address.

c.Any required notice shall conclusively be presumed to have been received when placed in the United States mail, with proper postage affixed, addressed to the applicant at the address appearing on the application or to any change of address of which the City Clerk has been notified, in writing.

d.All permits shall be considered appurtenant to the property that they benefit and shall be transferable in the sale or transfer of such property unless otherwise stated in the permit. It shall be the duty of the original applicant to notify the City Clerk of such transfer and the transfer shall be effective on the date such notice is received by the City Clerk. Such notice of transfer shall also be accompanied by a signed statement of the transferee to the effect that he has read and understands all terms and conditions of the permit and agrees to accept and abide thereby. Such notice of transfer shall also constitute a “change of address” under subsections (a) and (b) of this Section.

e.Unless otherwise specifically stated, all encroachments shall be removed at the expense of the applicant or transferee within 30 days of the effective date of revocation or termination. After such time such encroachment shall be in violation of this Article and subject to the provisions of Section 32-22.

The City Council may impose any conditions appropriate to the particular application under consideration. All permits may be limited in time, transferable or nontransferable, require or not require notice in writing, be subject to site or architectural control and provide conditions and time limits for removal of the encroachment upon revocation or termination of the permit. The City Council may also require a bond, payable to the City, for failure to remove the encroachment, and property damage and public liability insurance.