[Adopted 2-19-1987 as Part 9, Art.
903, of the 1987 Codified Ordinances]
No person shall place any obstruction in or
obstruct in any way any part of any street, alley or highway of the
City or the ditches, watercourses or sewers therein, or permit any
obstruction now therein to remain unless and until a permit to do
so has been granted by the Office of Business and Community Development
or by Council, as hereinafter provided.
No pipe or other conduit shall be placed in
any ditch or street for the purpose of constructing approaches or
private driveways over streets or alleys to private property and the
building thereon or for any other purpose, except as may be authorized
by the City Engineer, as adequate under the circumstances and in accordance
with the rules and regulations of the Office of Business and Community
Development.
Permits for temporary obstruction under § 232-6 and for construction of driveways and other purposes under § 232-7 will be issued by the Office of Business and Community Development on an application filed with the City Engineer. Such application shall be accompanied by a written statement of the purpose and duration of the temporary obstruction or the character of the driveway to be built and shall include an agreement therein to save harmless the City from all damages occasioned by such obstruction or construction.
[Amended 12-15-1994 by Ord. No. 1403; 2-20-1997 by Ord. No.
1430]
No person shall cut the curb of any paved or
other street for the purpose of constructing an approach across the
sidewalk without first obtaining a permit from the Office of Business
and Community Development to do so, provided that the curb to be cut
does not exceed 16 feet. For removal of a greater length of curb,
a permit shall be issued by Council. The cost of the permit shall
be as set forth in the City of Butler Fee Schedule, adopted from time
to time by resolution of the City Council.[1]
[1]
Editor's Note: See Ch. A 264, Fees.
A.
Permits to cut the curb and construct approaches across
sidewalks shall be issued only after the person in possession of the
property, together with the owner thereof, has submitted a written
application stating the location, size and character of the proposed
approach and agreeing to construct the same in good and workmanlike
manner to the satisfaction of the City Engineer, to maintain the same
in good condition and at all times to save the City harmless from
all damages that may accrue to it by reason of the construction and
use of such approach.
B.
The applicant shall further agree that when the use
of such approach is abandoned he shall replace the curb and restore
the street to its original condition, and on failure to do so after
10 days' notice, the same may be done by the City. The costs of such
restoration and repair plus 10% shall be payable to the City by the
owner of the property.[1]
[1]
Editor's Note: Former Section 903.06, dealing
with special permits, which immediately followed this subsection,
was repealed 2-20-1997 by Ord. No. 1430.
Any person, firm or corporation violating any
of the provisions of this Article shall, upon conviction thereof before
a District Justice, be subject to a fine of up to $300 and costs of
prosecution and, in default of payment of such fine and costs, shall
be subject to imprisonment in the county jail for up to 90 days.
