[Adopted as Ch. 1020 of the 1989 Codified
Ordinances]
As used in this chapter, unless the context
specifically indicates otherwise, the following terms shall have the
meanings indicated:
All of the land lying between property lines on either side
of all streets, alleys and boulevards in the city, and includes lawn
extensions and sidewalks and the area reserved therefor where the
same are not yet constructed.
[Amended 3-16-2005 by Ord. No. 423]
A.
No person shall make any excavation in or cause any
damage to any street in the City, except under the conditions and
in the manner permitted in this chapter. No person shall place any
article, thing or obstruction in any street, except under the conditions
and in the manner permitted in this chapter. However, this section
shall not be deemed to prohibit the following:
(1)
Such temporary obstructions as may be incidental to
the expeditious movement of articles and things to and from abutting
premises;
(2)
The lawful parking of vehicles within the part of
the street reserved for vehicular traffic; and
(3)
The parking of any disabled vehicle outside the traveled
portion of any street for not longer than 48 hours.
B.
It shall be the responsibility of the property owner
adjacent to any street in the City to clean any mud, dirt, debris
or any other material spread from or tracked onto the street by the
tires of vehicles or by any other method when such mud, dirt, debris
or any other material originated on his or her property. Should the
property owner fail to clean the mud, dirt, debris or other material
from the street which originated from his or her property after 48
hours' notice, the City may, at its option, clean the street itself
and bill the property owner for the cost of such work. The cost shall
be set from time to time by City Council.
A.
A. Where permits are authorized in this chapter, they
shall be obtained upon application to the City Administrator, upon
such forms as he or she prescribes, and there shall be a charge for
each such permit as provided by resolution of Council.[1] Such permit shall be revocable by the City Administrator
for failure to comply with this chapter, rules and regulations adopted
pursuant hereto and lawful orders of the City Administrator or his
or her duly authorized representative, and shall be valid only for
the period of time endorsed thereon. An application for such a permit
shall be deemed an agreement by the applicant to promptly complete
the work permitted, to observe all pertinent laws and regulations
of the City in connection therewith, to repair all damage done to
the street surface and installations on, over or within such street,
including trees, and to protect and save harmless the City from all
damages or actions at law that may arise or may be brought on account
of injury to persons or property resulting from the work done under
the permit or in connection therewith. Where liability insurance policies
are required to be filed in making application for a permit, they
shall be in not less than the following amounts, except as otherwise
specified in this chapter:
[Amended 5-1-2002 by Ord. No. 407]
B.
A duplicate executed copy or photostatic copy of the
original of such insurance policy, approved as to form by the City
Attorney, shall be filed with the City Clerk. Where cash deposits
are required with the application for any such permit, such deposit
shall be in an amount set by resolution of Council, except as otherwise
specified in this chapter. Such deposit shall be used to defray all
expenses to the City arising out of the granting of the permit and
work done under the permit or in connection therewith. Six months
after the completion of the work done under the permit, any balance
of such cash deposit unexpended shall be refunded. If the deposit
does not cover all costs and expenses of the city, the deficit shall
be paid by the applicant.
A.
Generally. No person shall make any excavation or
opening in or under any street without first obtaining a written permit
from the City Administrator. No permit shall be granted until the
applicant posts a cash deposit and files a liability insurance policy
as required by § 217-3.
B.
Emergencies. The City Administrator may, if the public
safety requires immediate action, grant permission to make a necessary
street opening in an emergency, provided that a permit shall be obtained
on the following business day and this chapter shall be complied with.
C.
Barricades and warning lights. All openings, excavations
and obstructions shall be properly and substantially barricaded and
railed off, and at night shall be provided with prescribed warning
lights. Warning lights perpendicular to the flow of traffic shall
be not more than three feet apart, and warning lights parallel to
the flow of traffic shall be not more than 15 feet apart.
D.
Shoring. All openings and excavations shall, where
necessary, be properly and substantially sheeted and braced as a safeguard
to workers and to prevent cave-ins or washouts which would tend to
injure the thoroughfare or subsurface structure of the street.
E.
Backfilling. All trenches in a public street or other
public place, except by special permission, shall be backfilled in
accordance with regulations adopted pursuant to this chapter. Any
settlement shall be corrected within eight hours after notification
to do so.
Every owner and person in control of any estate
hereafter maintaining a sidewalk vault, coal hole, manhole or other
excavation, or any post, pole, sign, awning, wire, conduit or other
structure, in, under, over or upon any street, which street is adjacent
to or a part of his or her estate, shall do so only on condition that
such maintenance shall be considered as an agreement on his or her
part with the City to keep the same and the covers thereof, and any
gas and electric boxes and tubes thereon, in good repair and condition
at all times during his or her ownership or control thereof, and to
indemnify and save harmless the City against all damages or actions
at law that may arise or be brought by reason of such excavation or
structure being under, over, in or upon the street, or being unfastened,
out of repair or defective during such ownership or control.
B.
Permit required. No public utility shall have the
right to the use of, or the right to construct, change the location
of or replace, any utility facilities in the highways, streets, alleys
or other public places of the City without first obtaining a permit
from the City approving the proposed construction, change of location
or replacement of utility facilities within the highways, streets,
alleys or other public places of the city. Replacement or reconstruction
of existing utility facilities, or any portion thereof, not involving
a change of location within the highways, streets, alleys or other
public places of the city, and to be done as part of or associated
with normal or emergency repair or servicing of utility facilities,
are excluded from this chapter.
C.
Permit application. An application for a permit for
the use of, or for permission to construct, change the location of
or replace, utility facilities, such as wires, poles, pipes, tracks
or conduits, in the highways, streets, alleys or other public places
of the city, shall be submitted to the Building Official and shall
contain:
(1)
A drawing or schematic showing the exact location
of all utility facilities, such as wires, poles, pipes, tracks or
conduits, proposed for construction, change of location or replacement
in the designated highways, streets, alleys or other public places
of the city;
(2)
Specifications and an estimate of value of the proposed
construction, change of location or replacement of utility facilities
for which the application is being made; and
(3)
The contemplated date of starting construction, changing
the location or replacement of the utility facilities and the estimated
time for the proposed project.
D.
Inspections. The construction, change of location
or replacement of all utility facilities in the City shall be inspected
by the Building Official or his or her designee during such construction,
change of location or replacement of the utility facilities according
to an inspection schedule established by such Building Official and
recorded on the permit to be issued. Final approval of the construction,
change of location or replacement of proposed utility facilities must
be obtained from the Building Official or his or her designee prior
to the use of the utility facilities which were constructed, which
had their location changed or which were replaced under the permit
provided for in this chapter.
E.
Permit and inspection fee. Prior to the issuance of
a permit for the construction, change of location or replacement of
any utility facilities within the highways, streets, alleys or other
public places of the city, the applicant for such permit shall pay
to the City a permit and inspection fee as established under the city's
schedule of inspection and permit fees for general construction within
the city.
The City Administrator may make additional regulations
pertaining to openings and excavations in the streets and street obstructions,
which regulations shall be subject to the approval of Council. No
person shall fail to comply with any such regulations.
Encroachments and obstructions in the street
may be removed and excavations refilled, and the expense of such removal
or refilling may be charged to the abutting land owner when made or
permitted by him or her or when suffered to remain by him or her,
otherwise than in accordance with this chapter. The procedure for
the collection of such expenses shall be as prescribed in Section
11.13 of the City Charter.
The pushing, dumping or depositing of snow or
ice from any privately owned premises into or upon any street in the
City shall constitute a violation of this chapter and shall be deemed
an encroachment subject to § 217-8.
The Chief of Police may temporarily close any
street or portion thereof when he or she deems such street to be unsafe
or temporarily unsuitable for use for any reason. He or she shall
cause suitable barriers and signs to be erected on such street, indicating
that the same is closed to public travel. When any street or portion
thereof has been closed to public travel, no person shall drive any
vehicle upon or over such street, except as the same may be necessary
and incidental to any street repair or construction work being done
in the area closed to public travel. No person shall move or interfere
with any sign or barrier erected pursuant to this section without
authority from the Chief of Police.
