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(A) A courtesy bench shall be located parallel to the nearest curb and no less than 30 inches behind the face of the curb
<br />at its closest point.
<br />(B) A courtesy bench may be located on a concrete sidewalk, provided there remains a minimum continuous width of six
<br />feet, including the top of the curb or unobstructed sidewalk.
<br />(C) A courtesy bench must not be located within the two -foot clear zone of a bituminous multi -use path.
<br />(D) A courtesy bench shall be installed and maintained on a durable, level surface, including, but not limited to, concrete
<br />or decorative brick or block pavers. Such courtesy bench shall be of sufficient weight or shall be secured in a manner to
<br />minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured or anchored to any
<br />city property, including, but not limited to, city sidewalks, utility poles and signposts, without the approval of the city.
<br />(E) A courtesy bench shall have a minimum paved clearance of three feet on at least one end of the courtesy bench.
<br />(F) A courtesy bench placed on a boulevard shall have a durable surface provided under and around the courtesy bench
<br />with the durable surface extending from the curb to the sidewalk. A courtesy bench placed behind a sidewalk shall have a
<br />durable surface under and around the courtesy bench with the durable surface extending to the sidewalk and then to the
<br />curb. The durable surface shall extend at least two feet beyond the ends of the courtesy bench when the courtesy bench is
<br />located in front of a sidewalk. The durable surface shall extend at least six inches beyond the ends of the courtesy bench
<br />when the courtesy bench is not located in front of a sidewalk. A courtesy bench placed at a location where no sidewalk
<br />exists shall have a durable surface extending from the edge of the roadway to the courtesy bench, including clearance areas
<br />required in this division. A right-of-way permit may be required when permanent structures, surfaces or similar uses are
<br />proposed per § 102.28
<br />(G) A courtesy bench shall not be located within five feet of a fire hydrant, driveway, or marked crosswalk.
<br />(H) A courtesy bench shall be constructed of durable materials, including, but not limited to, concrete, wood, steel, plastic
<br />or a combination thereof, with colors limited to earth tones of subdued greens, grays, browns, reddish -browns, and golds.
<br />(1) No courtesy bench shall be more than 44 inches high, 30 inches wide, or more than seven feet long, overall.
<br />(J) A courtesy bench shall be located only at a designated metro transit bus stop, school bus stop, or in areas with
<br />significant rideshare pick-ups. No more than one courtesy bench is allowed at a bus stop.
<br />(K) It shall be the duty of the courtesy bench licensee to maintain each courtesy bench, at all times, in a safe condition at
<br />its approved location, and to inspect each courtesy bench periodically in order that such courtesy bench may be properly
<br />maintained including the removal of snow and trash left in the immediate vicinity.
<br />(L) No license shall be granted within a light rail transit corridor or where publicly owned benches are provided.
<br />(M) The courtesy bench license application shall be denied if the city determines that the maintenance of the courtesy
<br />bench at the proposed location would tend to obstruct passage along any public sidewalk or public way, or tend to create a
<br />hazard, or otherwise tend to be detrimental to the public safety, convenience or welfare.
<br />(N) If the owner or lessee of any property on which a courtesy bench is located shall, by writing filed with the city on or
<br />before December 1 preceding the expiration of a courtesy bench license, withdraw consent to the renewal of such courtesy
<br />bench license, after such expiration, the city shall promptly notify the courtesy bench licensee of the filing of such writing,
<br />and shall deny the renewal of such license unless and until such owner or person in possession or control of the property on
<br />which the courtesy bench is located shall in writing consent to such renewal courtesy bench license being issued.
<br />(0) In the event the license holder is not performing the maintenance duties and the city abates trash, snow removal,
<br />repairs, and other maintenance activities, the costs of the abatement must be paid for by the license holder at the time of
<br />license renewal.
<br />(P) All existing privately -owned courtesy benches within the city limits at the time of adoption of this chapter shall have
<br />one year to comply with the standards in this section.
<br />(Ord. 2021-1263, passed 5-10-21)
<br />§ 125.36 REMOVAL.
<br />(A) The courtesy bench licensee shall remove all courtesy benches authorized under a courtesy bench license, including
<br />any durable surface installed under the courtesy bench, and shall restore the affected ground area to the condition it was in
<br />prior to installation of the courtesy bench within ten days following revocation of the courtesy bench license. If the licensee
<br />fails to remove any courtesy bench as provided in this section, the city may, at the licensee's cost, remove all courtesy
<br />benches authorized under a courtesy bench license and underlying durable surface, complete any necessary restoration and
<br />dispose of the courtesy benches and durable surfaces by any means it deems appropriate after providing ten business days'
<br />written notice, by certified mail, to the licensee of the city's intent to remove the courtesy benches. If the licensee fails to pay
<br />for the costs incurred by the city in the removal, restoration and disposal process within 15 days after the city's demand for
<br />payment addressed to the licensee and sent by certified mail, the city may draw on the surety provided by the licensee to
<br />reimburse the city for its costs.
<br />(B) The city may remove any courtesy bench authorized under a courtesy bench license in the manner set forth in §
<br />125.30 of this chapter when the courtesy bench licensee fails to adequately repair or maintain a courtesy bench, as
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