§ 8-399. Issuance and denial of permits.

Permits issued in accordance with this division shall be subject to the following general terms and conditions:

(1)

The applicant requesting the use of City property as a Community Garden shall file with the Community Garden Coordinator an application, including a demonstration of support for the application in accordance with the rules, regulations and guidelines issued pursuant to Section 8-397, to obtain a permit for such use to ensure that the applicant meets the requirements of this division. The applicant shall provide to the Community Garden Coordinator the information the Community Garden Coordinator requires, as permitted by law, to ensure compliance with the provisions of this division for issuance of the permit.

(2)

Each initial application and renewal application to obtain or renew a permit shall be accompanied by a payment of a fee as set forth in Appendix A to this Code.

(3)

Each initial application and renewal application to obtain or renew a permit shall be accompanied by a certificate of insurance demonstrating evidence of general liability insurance coverage in the amount of at least $250,000.00, naming the City as an additional insured and indicating that the City will receive at least 30 days' notice of cancellation or material modification of the policy. In the case of a governmental organization, however, each such initial application and renewal application shall be accompanied by either a certificate of insurance demonstrating evidence of general liability insurance coverage in the amount of at least $250,000.00, naming the City as an additional insured and indicating that the City will receive at least 30 days' notice of cancellation or material modification of the policy, or written verification that such organization is self-insured in the amount of at least $250,000.00.

(4)

Permits shall be granted on a first come, first served basis. Initial applications must be filed no later than March 30 of each year to obtain a permit for the year in which such application is filed, except that applications to obtain a permit for the year 2011 shall be accepted until May 31, 2011. Renewal applications must be filed by November 30 of each year to obtain a permit for the following year. All applications shall be reviewed according to the provisions of this division and the rules, regulations and guidelines issued by the Chief Administrative Officer.

(5)

Each permit issued by the Community Garden Coordinator shall state the following:

a.

The name of the permittee and the name, address and phone number of the authorized representative of the permittee, if applicable.

b.

The date and time period during which the permit shall be effective.

c.

The specific City property for which use is authorized.

d.

Whether the erection of any structures will be permitted and any conditions or restrictions thereon.

e.

Any other information, as permitted by law, that the Community Garden Coordinator deems necessary for the administration of the permit.

(6)

Permits shall incorporate by reference the provisions of this division and the rules, regulations and guidelines issued by the Chief Administrative Officer.

(7)

The permittee shall execute a release, waiver of liability and indemnification agreement prior to the issuance of any permit. This subsection shall not apply to governmental organizations.

(8)

Upon revocation or expiration of a permit, the permittee shall be responsible for ensuring that the City property used as a Community Garden is restored to the same condition as it existed at the time the permit was issued to the permittee in accordance with the requirements of this division, any provision of the rules, regulations and guidelines issued in accordance with this division or any other applicable requirements of law or for reimbursing the City for any actual costs incurred to do so.

(9)

The Community Garden Coordinator shall deny a permit to any applicant upon determining that the applicant has not complied with any requirement or if the Community Garden Coordinator determines that the proposed use is for a commercial purpose or likely to comprise a public nuisance.

(Code 2004, § 26-496; Ord. No. 2011-50-45, § 1, 3-28-2011)

(Code 2004, § 26-496; Ord. No. 2011-50-45, § 1, 3-28-2011)