§ 146-7. Encroachments on city property.

(a)

Unless otherwise permitted by law or expressly authorized by an ordinance and corresponding servitude agreement, encroachments on, into, over, or under any public right-of-way are prohibited. The granting of permission to construct, install, or place an encroachment on public property is a privilege, not a right, and requires the payment of fair market value for the use of city property.

(b)

Encroachments are privately-owned structures or infrastructure (or a component part of the structure or infrastructure), that occupy the space on, into, over, or under the public right-of-way and are effectively permanently-attached to the structure on the adjacent legal lot of record. Examples include, but are not limited to: balconies, galleries, roof overhang, and steps. Public right-of-way means the entire width between the boundary lines of every way or place of whatever nature that is publicly owned, maintained, and open to the use of the public for pedestrian and vehicular purposes.

(c)

It shall be the duty of the owner of any building or structure with encroachments on, into, over, or under the city's public rights-of-way to maintain the encroachment at all times in good repair and in a safe and presentable condition, in compliance with all applicable city codes and ordinances. It shall be unlawful for any encroachment to become or remain in an unsafe condition.

(d)

Existing historic encroachments within HDLC, CBDHDLC or VCC jurisdiction, or existing historic encroachments outside HDLC, CBDHDLC or VCC jurisdiction whose historic contribution is verified by HDLC, CBDHDLC or VCC, may remain without a servitude ordinance or the fair market value payment required in subpart (a), provided that these historic encroachments contribute to New Orleans' distinct character and their preservation serves a public purpose. For purposes of this subpart, existing historic encroachments may include the reconstruction of historic encroachments that were previously removed upon verification by the HDLC, CBDHDLC, or VCC or by the executive director of the HDLC of its previous historic existence and contributing nature, provided that any subsequent architectural alterations to previously verified encroachments governed by this subpart shall be subject to prior approval by HDLC, CBDHDLC, VCC or by the executive director of the HDLC.

(M.C.S., Ord. No. 27725, § 1, 4-5-18)