[Adopted as Ch. 1460 of the 1974 Codified Ordinances]
No person shall excavate for or lay the foundation wall of any
building adjoining or abutting upon any of the highways of the City,
or occupy with building material any of such highways, except in the
manner and upon the conditions prescribed in this article.
Before any excavation is made or foundation is laid for any
building adjoining or abutting upon any of the highways of the City,
application shall be made for the City Engineer to furnish the line
and grade of the highway upon which the building abuts. The City Engineer,
as soon as practicable after the application is made, shall furnish
the necessary line and grade.
Before any highway of the City may be occupied for the storage
of building materials, a permit shall be obtained from the City, which
permit shall designate the portion of the highway which may be used,
not to exceed 1/2 the width of the sidewalk or 1/3 the width of the
cartway immediately in front of the improvement, and which shall specify
the length of time the above portions of the highway may be occupied,
which period of time may be limited as the circumstances may warrant,
but which in any event shall not exceed six months; provided, however,
that building materials shall not be stored within four feet of any
railway track; and provided, further, that a permit may be refused
or further restricted as to the portion of the highway to be occupied
when the public safety and the convenience of traffic may require.
[Amended 6-12-2013 by Ord. No. 5639]
The fee for the occupation of any highway with building material
shall be as established by resolution of the City Council.
[Amended 6-12-2013 by Ord. No. 5639]
Whoever violates or fails to comply with any of the provisions
of this article shall be fined not less than $300 nor more than $1,000
or imprisoned for not more than 90 days, or both. A separate offense
shall be deemed committed each day during or on which a violation
occurs or continues.
