The following words and phrases, when used in this Article, shall, for the purposes of this Article, have the meanings respectively ascribed to them in this Article:

(a)   Minor street privilege means any authorized or permitted private right in, on, under or over public streets, alleys or ways, separate and distinct from the general public use of streets, alleys and ways. As used in this Article the term shall not apply to the short-time use of public space in connection with building construction nor shall it apply to a public utility operating under a franchise granted by the city.

(b)   Minor use privilege means any authorized or permitted private right in, on, under or over dedications or easements acquired for drainage purposes, separate and distinct from the general public use of easements acquired for drainage purposes.

(c)   Permittee means a person in possession of a minor street privilege. The term shall include the grantee of a minor street privilege who, in such grant, shall be the owner or lessee of the private property abutting the encroachment, the homeowners association which includes the owner or owners of the private property abutting the encroachment, or the owner of nearby land.

The enjoyment and use of minor street and minor use privileges by the permittee for private purposes, as hereinafter set forth in this Article, shall be subject to regulations and permits as set forth in the Article.

Application for any new minor street or minor use privileges shall be submitted to the director of public works by letter with appropriate drawings, plans or photographs attached and shall be submitted on forms furnished by the City. The application shall be made by the owner or lessee of abutting land, the homeowners association which includes the owner or owners of the private property abutting the public right-of-way requested for use, or the owner of nearby land, provided that a minor street or minor use privilege permit issued to a lessee shall in no event extend beyond the termination date of the lease under which said abutting property is being leased and provided further, that said minor street or minor use privilege permit shall be automatically canceled if the lessee’s lease is terminated prior to the termination date set forth in the permit.

On approval of the application for a minor street privilege referred to in the preceding section by the director of public works or on approval of the application for a minor use privilege referred to in the preceding section by the director of public works, and upon payment of the required fee, a permit shall be issued by the director of public works.

The director of public works shall make a list of all existing minor street privileges and minor use privileges and the persons or entities in possession. Minor street privileges and minor use privileges existing before August, 2016, are grandfathered from the requirement of paying permit fees and yearly renewal fees.

The Director of Public Works shall have the authority and discretion with or without reason to terminate a minor street privilege or a minor use privilege at any time. Minor use privilege and minor street privilege permits shall be subject to renewal on a yearly basis and the payment of a yearly fee as set by the Director of Public Works. Yearly fees must be paid on or before January 31 of each year. Minor street privilege and minor use privilege will be automatically terminated if the yearly fee remains unpaid after January 31 of each year. In addition, the Director of Public Works shall establish a fee schedule that sets fees that are required to be paid before a minor street privilege or a minor use privilege is issued. The permit holder of a minor street privilege or minor street use shall, upon the termination of a minor street privilege or minor street use, restore the premises the privilege occupied to an equal or better conditions than existed before the privilege was granted. The City Administrator and City Public Works Director shall establish and enforce reasonable rules and regulations to govern the carrying out of the provisions of this article of the city code.