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(5) Evidence of the consent of the adjoining property owners or lessees within 100 feet of the proposed location of the courtesy bench if any of the adjoining property within 100 feet of the bench is zoned residential under chapter 44, including but not limited to R-1A, R-1, R-4, RS-1, RM-12, RM-24, and RM- 50. Sec. 14-258. Fee. Upon the filing of an application for the issuance of a license under this division, the applicant must pay to the city clerk, in full, the amount of the license fee imposed, set, established and fixed by the city council by resolution from time to time. The city clerk must give the applicant a receipt for the payment. Sec. 14-259. Application verification and consideration; issuance or denial. (a) An application for a license required pursuant to this division shall be submitted to the city clerk who shall verify the information on the application form. The city clerk shall then route the application to the public works department, which shall determine if the location of proposed benches would interfere with the traffic safety. If the public works department finds no such traffic safety problems with the proposed locations, the city clerk shall grant the license in accordance with this division. (b) If the application is denied, the city clerk shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided in the application, and it shall inform the applicant of the applicant's right, within 20 days after receipt of the notice by the applicant, to request an appeal of the issuing authority's determination to the city council. If an appeal is timely received by the issuing authority, the hearing before the city council shall take place within a reasonable period of receipt of the appeal by the issuing authority. Sec. 14-260. Restrictions. (a) Transfer prohibited. The license issued pursuant to this division is for the person named on the approved license application. No transfer of a license shall be permitted from person to person without complying with the requirements of an original application. (b) Location of benches. When a location is approved for a courtesy bench, the bench shall be installed parallel with the street and set back at a distance recommended by the public works department. (c) Number of benches at one location. There shall be no more than one courtesy bench located at each approved site or within one city block. (d) Name on benches. Each bench shall contain the name of the licensee and date of installation. (e) Maintenance of benches. It shall be the duty of the licensee to maintain each bench at all times in a safe condition at its proper location. The licensee shall periodically inspect each bench in order that it is properly maintained. Courtesy benches shall be kept at all times in a neat, clean and usable condition. Snow and ice shall be removed from the benches and the vicinity thereof during the winter so as to be accessible at all times during the year. (f) Location of advertising. No advertising shall be displayed on any courtesy bench except upon the front and rear surfaces of the backrest. No advertising shall display the terms "stop," "look," "danger" or any other word, phrase or symbol that might interfere with or distract traffic. (g) Relocation of benches. The licensee shall notify the public works department of any benches moved from an approved location. Prior to any relocation to a new location, the licensee shall obtain the approval of the public works department and notify the issuing authority. (Supp. No. S) Created: 2022-e6-15 17:e1:55 [EST] Page 2 of 4