§ 33A-1.2. Right-of-way acquisition by governmental agency.

(a)

In the event right-of-way acquisition by a governmental agency, as defined in subsection 52-47(a), causes existing improvements to be in violation of this chapter, said improvements shall be exempt from the provisions of this chapter to the extent said violation is caused by the right-of-way acquisition, subject to the following:

(1)

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard as determined by the director of public works and transportation.

(2)

Existing fencing originally located on the acquired property in the area of acquisition shall be relocated to the remainder of the tract as close as practicable inside the new property line.

(b)

It shall be an affirmative defense to prosecution of an alleged violation under this chapter if it can be shown that:

(1)

The alleged violation arose solely as a direct result of right-of-way acquisition by a governmental agency; and

(2)

The property has a currently valid exemption under this section.

(Ord. No. 8471, § 1, 4-21-05)