§ 25-1. Installation and maintenance of mailboxes in rights-of-way.

(a)

Installation prohibited; exception. It shall be unlawful for any person to install within a public right-of-way a receptacle for mail delivery to any property in the City which is otherwise eligible for delivery to a mail receptacle on or at the front door, or to a mail drop slot in the front door, unless the owner of the property shall have first obtained a permit as provided in this subsection.

(1)

Permit; application. The installation of a mail receptacle within a public right-of-way shall require a permit from the City. An application for such a permit shall be filed by the owner of the property to be served by the mail receptacle and shall include the following, in addition to such other information as the City may reasonably require:

a.

The name, address, and telephone numbers of the owner of the property to be served by the mail receptacle. If the property is owned by more than one owner, the name, address, and telephone numbers of all other owners shall be provided.

b.

The address and legal description of the property to be served by the mail receptacle.

c.

A sketch or drawing on letter-sized or legal-sized paper showing the location of property lines, property dimensions, adjacent rights-of-way, all easements, and the proposed location of the mail receptacle.

d.

A description of the mail receptacle to be installed.

e.

Proof that the owner has received from the U.S. Postal Service a written notice to the effect that mail delivery to that property will be withdrawn or suspended unless a mail receptacle is installed in the public right-of-way, including a complete copy of the notice received from the U.S. Postal Service.

f.

If the reason for such notice from the U.S. Postal Service is that postal delivery to the front door is blocked, the owner shall show that he or she has exercised best efforts to eliminate the blockage or to provide a reasonable and efficient alternative route to the front door.

g.

If the reason for such notice from the U.S. Postal Service is that a condition exists at the property which makes delivery of mail hazardous to a letter carrier, the owner shall show that he or she has exercised best efforts to render the property nonhazardous to a letter carrier.

h.

If the reason for such notice from the U.S. Postal Service is any other condition or circumstance which is within the control of the owner, the owner shall show that he or she has exercised best efforts to mitigate or remedy such condition or circumstance.

i.

The signature of the owner of the property to be served by the mail receptacle. If the property is owned by more than one person, the signature of any owner shall be deemed sufficient. No other person shall be authorized to sign for the property owner.

(2)

Conditions. A permit issued pursuant to this subsection shall be subject to the following conditions:

a.

If the reason for the notice from the U.S. Postal Service is that postal delivery to the front door is blocked, a condition exists at the property which makes delivery hazardous, or another condition or circumstance exists which is within the control the owner, then the permit shall expire on the 29th calendar day following issuance of the permit. During that time, the owner shall be required to complete his best efforts to:

1.

Eliminate the blockage or provide a reasonable and efficient alternative route to the front door;

2.

Render the property nonhazardous to a letter carrier; or

3.

Mitigate or remedy the condition or circumstance described in the notice from the U.S. Postal Service, as appropriate.

The mail receptacle shall be removed upon expiration of the permit. This permit may be extended for additional 29-day periods if, despite the owner's best efforts, the U.S. Postal Service will not provide front door delivery.

b.

A mail receptacle shall not exceed eight inches in width, 12 inches in height, and 23 inches in length. A mail receptacle shall be supported by one post, the cross sectional area of which shall not exceed 30 square inches at its widest point. A mail receptacle shall not be installed on or within any brick or other masonry structure, or on or within an anchor or other object such as, but not limited to, the representation of a fish, mammal, or article of sports equipment. The mail receptacle shall be located the maximum distance from the curb that is permitted by U.S. Postal Service regulations.

c.

It shall be the obligation of the owner to ascertain the location of all underground and overhead utility lines, cables, pipes, and conduits, and to install the mail receptacle at a location and in such a manner as not to interrupt or interfere with the provision of utility services.

d.

The installation of the mail receptacle shall be subject to all other applicable ordinances of the City including but not limited to line-of-sight restrictions at intersections.

e.

Prior to or at the time of issuance of the permit, the owner shall execute a hold harmless and indemnity agreement approved by the City Attorney, on behalf of all owners of the property, agreeing to indemnify and hold harmless the City and its officers and employees from and against any and all actions, claims, damages and/or losses including court costs and attorney's fees arising in any manner from the installation and maintenance of the mail receptacle within the public right-of-way.

(b)

It shall be unlawful for any person to maintain a receptacle for the receipt of mail delivery within a public right-of-way in any area of the City which qualifies under the federal postal laws and regulations for delivery to the door. It shall be the responsibility of the individual property owner to provide the required access from the street to the residence or place of business and to provide the numbers and receptacles as required by the postal laws and regulations.

(Code 1973, § 25-1(a); Code 1992, § 25-1; Ord. No. 437-G, § 1, 8-3-2000)