A. Existing encroachments that were constructed without a permit are illegal, may be cited as infractions or misdemeanors, and must be either removed or a permit applied for under the provisions of this chapter. If there is no response by the owner or owners within thirty days of notification, the City will have the right to remove the illegal encroachment at the owner's expense.

B. Notwithstanding the preceding subdivision, underground vaults and associated elevators or lifts may be maintained and used subject to approval of the City Engineer, if the City Engineer determines that the permitted use of the property with which the vault and lift are associated is impracticable absent their maintenance and use. The City Engineer may impose conditions on such continued maintenance and use, including but not limited to conditions relating to drainage, disabled access and safety on sidewalks and other areas of the public right-of-way that are affected by the vault. The City Engineer may also impose conditions limiting the duration for which a vault and associated elevator or lift may be maintained or used, the land uses in conjunction with which they may be maintained and operated, or the users who may maintain and operate them. Any approval by the City Engineer under this subdivision shall be dependent on compliance with any conditions that may be imposed on continued maintenance and operation, and shall be revocable upon noncompliance. (Ord. 7301-NS § 3, 2013: Ord. 5514-NS § 1, 1983)