New Search
4. Request that the City issue a revocable permit for the park <br />encroachment because the encroachment provides access to a residence. <br />(3) Failure to Respond to Notification of Encroachment If, after forty -five <br />(45) days from the date of the notification, the City has not yet received a response to its <br />encroachment notification, the City will send a reminder to the responsible party requesting a <br />response to the City's notification. If a person notified by the City that he /she has caused or <br />allowed an encroachment upon park property fails to respond in accordance with these rules, the <br />City will proceed with enforcement action to remove the identified encroachment. <br />(4) Enforcement Action If the encroachment has not been voluntarily <br />eliminated or a revocable permit for the encroachment has not been issued, the City may: <br />(a) Assess penalties against the responsible party in accordance with <br />these Park and Open Space Rules. <br />1. Unless a later date is specified by the City, daily penalties <br />of $500 begin to accrue on the 61 day following the City's notification of <br />the encroachment. <br />2. Each day that an encroachment exists constitutes a separate <br />violation of these Park and Open Space Rules. <br />(b) Take action to eliminate the encroachment. <br />1. Action to eliminate the encroachment taken by the City <br />includes, but is not limited to, the initiation of City -led work to remove the <br />encroachment and charging fees to defray associated costs for the City -led <br />removal work. <br />2. If the responsible party does not comply with fee payment <br />for the removal of the encroachment, the City may take additional <br />enforcement action that includes placing a lien on the responsible party's <br />property. <br />(5) Revocable Permits A residential access encroachment upon City owned <br />park property may be allowed by the City through issuance of a revocable permit. <br />(a) The City is authorized to issue a revocable permit for a pedestrian <br />access encroachment if all of the following conditions are met: <br />The park encroachment provides pedestrian access to the <br />residence; and <br />2. The park encroachment does not interfere with the public's <br />use and enjoyment of the park; and <br />Administrative Order — Page 16 of 18 <br />