§ 40-192. Findings of city council.  


Latest version.
  • The city council hereby finds and determines:

    (1)

    That the safety, health and welfare of the members of the general public will best be served by requiring periodic inspection, as provided in this article, of all structures, facilities, utility lines and encroachments located within the public streets or right-of-way, including, but not limited to, basements, vaults, tunnels and pipelines; and

    (2)

    That there are numerous structures, facilities, basements and pipelines that were heretofore constructed, built or placed within the public streets without permission or knowledge on the part of the city, and the owners thereof should be required to pay a reasonable inspection fee to defray the city's expense of inspecting the aforesaid structures and facilities for the purpose of assuring protection of the public safety by lawful compliance with applicable provisions of the Construction Code, as well as to regulate the use of the public streets; therefore

    (3)

    The fees for initial installation and each annual inspection stated for this provision in the city fee schedule shall be paid by the permittee as provided by this article, and that such fees are commensurate with and not in excess of the city's expense involved in administering, supervising, inspecting and regulating the use and maintenance of the aforesaid structures or facilities located within said streets, as well as the city's cost pertaining to the regulation of such public streets because of the abutting owner's occupancy, use, and maintenance of encroachments within the public right-of-way. Subsequent to the issuance of an inspection permit, should the cost to the city of such inspection decrease, the inspection fee shall be reduced correspondingly.

(Code 1968, § 41-192; Ord. No. 72-97, § 1, 1-19-72; Ord. No. 82-972, § 2, 6-15-82; Ord. No. 02-399, § 81, 5-15-02; Ord. No. 2011-1168, § 13, 12-14-2011)