[Adopted as Ch. III of the 1962 Municipal Code]
All maintenance and repairs of public streets, alleys, sidewalks and other public ways shall be under the supervision of the City Manager. He/She shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinances.
It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same, without having first secured a permit therefor. Applications for such permits shall be made to the City Clerk and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No such permit shall be issued except where the work will conform to the ordinances of the City.
Each applicant shall file a bond, with surety, to be approved by the City Council and in an amount to be specified by the City Council conditioned to indemnify the City for any loss or damage resulting from the work undertaken or the manner of doing same.
All streets and sidewalk pavements shall be made in conformity with specifications laid down or approved from time to time by the City Council.
It shall be unlawful to walk upon or drive any vehicle or animal upon or injure any newly laid street or sidewalk pavement while the same is guarded by a warning sign or barricade, or to knowingly injure any soft or newly laid pavement.
All public streets, alleys and sidewalk pavements shall be in good repair. Such repair work, whether done by the City or by the abutting owner, shall be under the supervision of the City Manager.
It shall be the duty of every City officer and employee becoming cognizant of any defect in any street, alley or sidewalk, or any obstruction thereof, to report the same to the City Manager as soon as possible.
It shall be unlawful for any person, firm or corporation to cause, create or maintain any obstruction on any street, alley, sidewalk or other public way except as may be specified by ordinance or by the City Manager.
Any person, firm or corporation laying or repairing any pavement on a street, sidewalk, or other public place, or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by a light at nighttime.
It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk.
Unless specifically authorized by ordinance or permit, it shall be unlawful for any person, firm or corporation to use any street, sidewalk or other public place as space for the display of goods or merchandise for sale, or to write or make any sign or advertisement on any such pavement.
It shall be unlawful to erect or maintain any building or structure which encroaches on any public street or property.
It shall be unlawful to obstruct any drain in any public street or property.
It shall be unlawful to play any games on any streets, alley or sidewalk or other public place where such games cause unnecessary noise or interfere with traffic or pedestrians.
It shall be unlawful to plant any tree, or bush or shrubbery on the outside of any sidewalk in that area between the sidewalk and the adjoining street or alley.
It shall be unlawful to remove or cut down any tree, bush or shrub in any such public place without having secured a permit therefor. Applications for such permits shall be made to the City Clerk and shall be referred to and approved by the City Council before issuance.
[Amended 6-4-2012 by Ord. No. 12-10]
Any tree or shrub which overhangs any sidewalk, street or other public place in the City in such a way as to impede or interfere with traffic or travel, or within 10 feet of the street or within seven feet of the sidewalk level shall be trimmed by the owner of the premises abutting or of the premises on which the tree or shrub grows so that the obstruction shall cease. Any tree or limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. The City Manager may order any such tree or shrub trimmed or remove any such tree or branch thereof so that the obstruction or danger to traffic or passage shall be done away with.
Any person or company who or which maintains poles and wires in the streets, alleys or other public places shall, in the absence of provision in a franchise concerning the subject, keep such wires and poles free from and away from any trees and shrubs in such places as far as may be possible, and keep all such trees and shrubs near such wires and poles properly trimmed subject to the supervision of the City Manager, so that no injury shall be done either to the poles or wires or to the shrubs and trees by their contact.[1]
[1]
Editor's Note: Former Sections 1.19, Deposits on streets, 1.20, Deposits on sidewalks, and 1.21, Snow removal, which immediately followed this section, were deleted 12-15-2008 by Ord. No. 08-07.
[Amended 6-4-2012 by Ord. No. 12-10]
In the event that any person, firm, or corporation in the opinion of the City Manager and/or his/her designee, is found to be in violation of this article, then the City Manager and/or his/her designee shall issue a summons showing a violation of this article, said summons to be served personally or by certified mail upon the person, firm, or corporation. The summons shall cite the violation of this article and shall be accompanied by a letter or a copy of the relevant provisions of the article stating what corrective action must be taken and shall state the consequences for failure to take such corrective action. If the violation is not corrected within three days from the date of personal service of the summons or within seven days from the date of mailing of the summons by certified mail, then the City, at the direction of the City Manager and/or his/her designee, may take action to correct any violation of this article and charge the person, firm, or corporation for the work that must be done. The fees for such work shall be as set forth in Chapter 180, Fees, Municipal. When the person, firm, or corporation has received summonses and fails to take corrective action, and the City has corrected the violation in accordance with this section, then no further notification shall be necessary for the City to take any further corrective action on any subsequent violations within the following eighteen-month period starting from the date of the first corrective action by the City.
[Added 6-4-2012 by Ord. No. 12-10[1]]
In the event that the person, firm, or corporation is deemed to be in violation of this article and in the event that the violation is corrected in compliance with the preceding section and if the charges assessed by the City for correcting said deficiency are not paid, then the City, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property and in the lien docket maintained by the Prothonotary; and the City Solicitor shall be directed to enforce said lien or to collect the charges imposed by the City by any other means that he/she may deem desirable and most advantageous.
[1]
Editor's Note: This ordinance also redesignated former § 365-20 as § 365-23.
[Amended 6-4-2012 by Ord. No. 12-10[1]]
A. 
Any person found to be in violation of this article, regardless of corrective actions taken, shall be punished for that violation by a fine of not less than $25 nor more than $100. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to this article. All fines imposed shall be in accordance with the minimum fine schedule set in Chapter 180, Fees, Municipal.
B. 
Every day that a violation of this article continues shall be considered a separate offense, for which the violator may be fined without necessity of further notice.
C. 
In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the owner of the property has previously been found to have caused or permitted the same nuisance at the same location within the past 18 months, or for every day that the violation of this article continues.
[1]
Editor's Note: This ordinance also relocated this § 365-21 from Art. II to Art. I.
[Amended 6-4-2012 by Ord. No. 12-10[1]]
Any fines imposed pursuant to this article which remain unpaid shall be placed by the City as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set forth herein.
[1]
Editor's Note: This ordinance also redesignated former § 365-22 as § 365-28.