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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2424 §1, 5-11-2010]
As used in this Chapter, the following terms shall mean:
IMPROVEMENT
Paving, macadamizing, guttering, curbing or otherwise improving any street or right-of-way when such work constitutes a construction or reconstruction of a street.
MAINTENANCE
Any work to keep a street in an existing state of usefulness including, but not limited to, cleaning, snow or ice plowing, salting, clearing, pruning or removing brush, trees, limbs or obstructions.
REPAIR
Any work intended to restore a damaged or deteriorating area of a street to a state of usefulness including, but not limited to, crack sealing, pot hole repair, limited slab replacement or concrete repair.
SIDEWALK
Any concrete walkway abutting, adjoining or serving a street.
STREET
Any private street, avenue, alley or other highway within the City or any part thereof.
[Ord. No. 2424 §1, 5-11-2010]
On finding that the improvement, maintenance or repair of a street is necessary for the public health, safety and welfare, the City Council shall have the authority to effect same and to pay and be reimbursed for such work as provided in this Chapter. The performance of such work by the City shall not be deemed to be an acceptance of the street for public maintenance.
[Ord. No. 2424 §1, 5-11-2010]
A. 
The City Council may make any improvements to any street and use special tax assessments for the payment or reimbursement of said work by adopting a resolution declaring the work necessary to be done and causing the resolution to be published for seven (7) consecutive daily insertions or for two (2) consecutive weekly insertions in a newspaper distributed in the City.
B. 
If a majority of the owners, by area, of the property liable for special tax assessments for the proposed improvements shall, within ten (10) days from the date of the last publication of the resolution, file with the City Clerk a written protest against the proposed improvements, then special tax assessments may not be utilized to pay for the improvements. If no such protest is filed, the City Council may cause the improvements to be made and may levy and assign special tax assessments as provided in Section 540.070.
C. 
Notwithstanding anything in this Section to the contrary, if the contemplated street improvements do not exceed a distance more than twelve hundred (1,200) feet in length and would connect at both ends with streets that have already been similarly improved, then:
1. 
The City Council shall cause the same proceedings to be had as are provided in Section 540.030(A), but the opportunity for owner protest as provided in Section 540.030(B) shall not be allowed;
2. 
The resolution shall state that any interested party may appear before the City Council at a time stated therein to be heard on the question of the necessity of the proposed work;
3. 
After such hearing, the City Council shall, by resolution, reaffirm the necessity of the proposed work or make a determination to the contrary, as the City Council may then decide;
4. 
If the City Council reaffirms the necessity of the work, then the Council shall proceed with the work and may levy and assign special tax assessments as provided in Section 540.070.
[Ord. No. 2424 §1, 5-11-2010]
The City Council may make repairs to any street and may construct or make repairs to sidewalks and may use special tax assessments for the payment or reimbursement of said work by adopting a resolution declaring the work necessary to be done. The City Council may proceed with such work without the publication required by Section 540.030 and specially assess or bill the costs thereof as provided in Section 540.070.
[Ord. No. 2424 §1, 5-11-2010]
A. 
The City Council finds and declares that keeping the private streets of the City clear of snow, ice, brush, trees, debris and other dangers is necessary to ensure the health, safety and welfare of the City's residents, businesses, visitors and the traveling public.
B. 
The Public Services Director is authorized and directed to provide for seasonal snow plowing and salting services and to perform other maintenance on such streets as may be necessary to ensure the public health, safety and welfare, as follows:
1. 
For streets owned by subdivision trustees or otherwise subject to a subdivision trust or indentures, the Director shall presume that seasonal snow plowing and salting services shall be provided by the appropriate subdivision or its trustee(s). The City shall perform maintenance work on such streets only if the Director receives written notice, not later than September first (1st) of any given year, that the subdivision or its trustee(s) will not perform the work.
2. 
For all other streets, the Director shall presume that seasonal snow plowing and salting services shall be provided by the City. The City shall perform such work on such streets unless the adjoining property owners have informed the Director, not later than September first (1st) of any given year, that they will perform the work.
3. 
Notwithstanding anything herein to the contrary, the City may provide maintenance services to any street in the event of an emergency or if the subdivision, its trustee(s) or the adjoining property owners fail to perform the work in a timely, complete and competent fashion.
4. 
The Director may bill the costs of maintenance services as provided in Section 540.070.
[Ord. No. 2424 §1, 5-11-2010]
A. 
The City may either repair or maintain streets or cause such work to be bid out or contracted for in accord with the City's purchasing policy.
B. 
Contracts for improvements shall be let to the lowest and best bidder, upon plans and specifications prepared by the City. Not less than one (1) week's advertisement for bids shall be made in some newspaper published in the City.
[Ord. No. 2424 §1, 5-11-2010]
A. 
The costs of improving or repairing streets or sidewalks may be specially assessed against properties adjoining or benefiting from the improvement or repair and the City may issue and assign special tax bills to pay for the full cost of such expenditures, including publication costs, reasonable administrative costs and costs of collection. Special tax bills shall be calculated by charging each lot abutting on or benefiting from the street or sidewalk improved or repaired, or part thereof, with the costs of the work in an amount proportionate to the area of each such lot in relation to the total area of all such chargeable lots. The owner(s) of assessed property shall be liable for the special tax bills.
B. 
Maintenance costs shall be billed to the owners of properties adjoining or benefiting from the street maintenance and shall include the full cost of such expenditures, including reasonable administrative costs and any costs of collection. Maintenance bills shall be calculated by charging each benefited lot in an amount proportionate to the area of each such lot in relation to the area of all such chargeable lots. Maintenance costs can be assessed immediately or consolidated and billed periodically, as may be determined by the Public Services Director. If an owner so charged fails to pay within sixty (60) days, the Director may cause a special tax bill to be assessed against the benefited property.
C. 
Special tax bills and maintenance bills shall bear interest at the rate of eight percent (8%) per annum. Special tax bills shall be a lien upon the property until paid and may be assigned by the City for collection by third (3rd) parties or for use as security for the financing of improvements as allowed by law. Maintenance bills may also be collected through the St. Louis County Circuit Court. All special tax and maintenance bills shall itemize all costs billed.
[Ord. No. 2424 §1, 5-11-2010]
It shall be unlawful for the owner(s) of property benefited by and billed for the improvement, repair or maintenance of an adjoining or beneficial street to fail to timely pay such bill and on conviction of such a violation said owner(s) shall be subject to a maximum fine as provided in Section 100.180 of the City Code.