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(a) For purposes of these rules, "encroachment" means an unlawful, <br />unauthorized or unpermitted use of park property including, but not limited to, <br />placing on park property, either temporarily or permanently, a building, structure, <br />garage, shed, fence, deck, driveway, playhouse, tree house, play equipment, lawn <br />furniture, compost /garbage bin, yard waste pile, landscaping (such as trees, <br />shrubs, grasses or fortis), irrigation system, or using park property as a parking <br />space, patio, garden, or storage area. <br />(b) Park encroachments will be permitted by the City only in <br />accordance with these rules. <br />(2) Notification of Encroachment <br />(a) The City will send a Notice of Encroachment to the owner(s) of the <br />property believed to be encroaching upon City park property. The Notice of <br />Encroachment will: <br />1. Describe the identified encroachment; <br />2. Describe what actions constitute a removal of the <br />indentified encroachment; <br />3. Set forth the four options, described in Section 1.040(2)(b) <br />of these rules, available to the property owner(s); and, <br />4. Include a copy of the Park and Open Space Rules and <br />applicable forms. <br />(b) A person that is notified by the City that he /she has caused or <br />allowed an encroachment upon park property must respond in writing to the City <br />within sixty (60) days from the date of the notification. The written response <br />submitted to the City must do one of the following: <br />1. Inform the City that the identified encroachment has been <br />removed; or <br />2. Inform the City that the identified encroachment will be <br />removed and request that the City allow a specific amount of time for the <br />removal of the identified encroachment to occur; or <br />3. Dispute that the identified encroachment is an <br />encroachment upon City owned park property and include supporting <br />documentation; or <br />Administrative Order — Page 15 of 18 <br />