Cross References — As to acceptance, laying out, opening, etc., of streets generally, see §400.140; as to prohibition against littering streets, see §215.165; as to prohibition against burning leaves and rubbish in streets of public places, see §225.030; as to depositing garbage in or about buildings or streets, see §225.090; as to traffic regulations generally, see Title III; as to use of roller skates, coasters, etc., on streets, see §310.040; as to prohibition against driving on sidewalks, see §340.060; as to regulations governing pedestrians, see ch. 345; as to minimum design standards for streets and sidewalks in subdivisions, see §§410.100, 410.110; as to street names in subdivisions, see §410.150; as to interference with flow of surface water by sidewalks and streets, see §220.080; as to zoning of vacated streets and alleys, see §405.060; as to excavations, see ch. 525.
[Code 1955 §30-1; CC 1970 §29-1]
All encroachments into or upon any sidewalk, street, avenue, alley or other public place in the City are prohibited. No obstructions such as awnings, hitching posts, lampposts, awning posts, telephone, telegraph and electric light poles shall be erected or placed into or upon any street, sidewalk, avenue, alley or other public place unless the applicant first obtains a written permit from the Public Works Superintendent or some person authorized to issue such permit.
[CC 1970 §29-2; Ord. No. 634 §2, 12-3-1963]
Every person owning or occupying premises fronting or abutting on any public sidewalk within the City shall keep and maintain any such sidewalk in good repair and free from structural defects. The City Marshal shall give notice to the owners or occupants of any premises in front of or along which any public sidewalk in bad repair or structural defect is situated, to repair or reconstruct such sidewalk within five (5) days after receiving such notice. If any such owner or occupant fails, neglects or refuses to repair or reconstruct such sidewalk within five (5) days after receipt of the notice to do so, the Public Works Committee shall cause such repairs or reconstruction to be done and shall keep an account of the costs thereof and report such costs to the Board of Aldermen for assessment. The Board of Aldermen shall have issued tax bills for the cost of such repair or reconstruction along or in front of any such property, against the property.
[CC 1970 §29-3; Ord. No. 634 §2, 12-3-1963]
It shall be unlawful for any person in the City to fail, neglect or refuse to keep the public sidewalk in front of or along any premises owned, occupied or possessed by any such person and under his/her management or control, swept and clean of any mud, gravel, loose stone, dirt, weeds, debris, snow and ice or other obstructions whatsoever, which imperil or might tend to imperil the public safety of persons walking over and along any such sidewalk; provided, that a reasonable time not to exceed ten (10) hours shall be allowed to remove any such mud, gravel, loose stone, dirt, weeds, debris, snow and ice or other obstructions, after it has been deposited or has fallen on any such sidewalk.
[CC 1970 §29-4; Ord. No. 634 §2, 12-3-1963]
Any truck, wagon or other vehicle containing asphalt, macadam, concrete, clay, dirt, earth, wood or other materials which are likely to spill therefrom, shall be constructed, loaded and driven so that no portion of the contents thereof shall be dropped, spilled or thrown on any street or highway within the City. No driver of any such vehicle, his/her employer or other person in charge or control of such vehicle shall allow or permit any of the contents thereof to be dropped, spilled or thrown onto and remain in any public street in the City.
[Code 1955 §30-6; CC 1970 §29-5]
The right is hereby granted to all persons supplying telephone service, to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent the branches of such trees from coming in contact with telephone wires and cables. All such trimming shall be done under the supervision and direction of the Board of Aldermen or of any City Official to whom these duties have been or may be delegated.
[Code 1955 §30-8; CC 1970 §29-7]
All time switches used on street lighting circuits are to be of a good quality standard manufacture subject to the approval of the Board of Aldermen, the Building Commissioner or the Electrical Inspector. The time switches are to be equipped with astronomical dials.
[Code 1955 §30-9; CC 1970 §29-8]
Each application for a permit for the purpose of setting poles on any street, highway, boulevard, roadway, avenue, sidewalk, alley or other public thoroughfare shall give the location of each of such poles, and each of such permits shall include as many poles as are included in the application.
[Code 1955 §30-10; CC 1970 §29-9]
A. 
All holes, depressions, excavations, ponds, pools, quarries and other dangerous places in the City which are below the natural, artificial or established grade of surrounding or adjacent streets, and which are dangerous or likely to be dangerous, shall be filled or properly enclosed with a permanent strong and stable wall or rigid metal fence at least six (6) feet in height supported by metal posts not more than eight (8) feet apart and the metal fencing shall not be less than ten (10) gauge and of a mesh of not more than two and one-half (2½) inches and the fence shall be constructed so as to make the hole, depression, excavation, pond, pool, quarry or other dangerous place inaccessible to persons and animals.
B. 
The Chief of Police of the City shall notify or have notified the owners or occupants of any premises on which such holes, depressions, excavations, ponds, pools, quarries and other dangerous places exist to cause them to be filled or to have fences or walls built around them within a reasonable time after such notification, but in no case longer than ninety (90) days after service of such notice.
[1]
Editor’s Note: Ord. no. 1771 adopted March 19, 2013, repealed this article II vacation of streets which previously derived from ord. no. 1223, 5-5-1922 and ord. no. 1292, 4-5-1992, and enacted the new provisions set out herein..
[Ord. No. 1771 §2, 3-19-2013]
The purpose of this Article is to establish a procedure for individuals, the City, or corporations to petition for the vacation of public easements or rights-of-way within the City.
[Ord. No. 1771 §2, 3-19-2013]
A. 
Prior to the submission of an application and related documents, the applicant shall request a pre-application conference with the City Planner and Public Works Director.
B. 
The City Planner and Public Works Director shall schedule and hold a pre-application conference the potential applicant
[Ord. No. 1771 §2, 3-19-2013]
A. 
Subsequent to the pre-application conference, the City Public Works Director shall determine whether the easement or right-of-way is necessary and serves a public purpose.
B. 
The City Public Works Director shall transmit his finding to the potential applicant in writing.
C. 
If the City Public Works Director finds that the easement or right-of-way is no longer necessary and does not serve a public purpose, the potential applicant shall be eligible to submit an application. If the City Public Works Director finds that the easement or right-of-way has a conceivable future public use, the potential applicant shall be ineligible to submit an application.
[Ord. No. 1771 §2, 3-19-2013]
The following shall be submitted to the City Planner:
A. 
Application Form. Completion of an authorized application form supplied by the City Planner, including any supplemental information required by that form.
B. 
Narrative Statement. A written narrative explaining the purpose of the vacation in detail.
C. 
Legal Description. A legal description of the easement or right-of-way prepared and sealed by a professional land surveyor.
D. 
Plat. A plat or other drawing depicting the easement or right-of-way to be vacated.
E. 
Property Owner Consent. In the case of a street or alley, the written consent of all persons owning property adjacent to the alley or street sought to be vacated.
F. 
Fees. A processing cost deposit, in the amount of five hundred dollars ($500.00), shall be deposited with the City at the time the petition is filed in the City Clerk's office.
1. 
This deposit is to be used for the purpose of payment for professional and administrative costs incidental to the processing of the application. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any given application, according to the process as set out in this Section, shall be paid for out of the said deposited amount.
2. 
Said costs or expenses incurred by the City shall be determined by the City Clerk. Upon final determination or disposition by the City of any application, any portion of said deposited monies not expended or budgeted for expenditures, shall be returned to the applicant within thirty (30) days from said final determination and disposition.
3. 
Any costs or expenses incurred by the City, in excess of the deposited amount, shall be paid by the applicant to the City within thirty (30) days from final determination or disposition by the City. At the time of said final determination or disposition, the City Clerk shall present to the petitioner a listing of said costs or expenses, along with a determination of any amount due the City, or any amount to be refunded in accordance with the Section.
4. 
The deposit required herein shall be separate from, and is not intended to include, any building or any other permit fees or any escrow monitoring fees.
5. 
In addition to the foregoing cost deposit, the petitioner shall pay the City a fee of two hundred dollars ($200.00) for review of a petition for street vacation.
[Ord. No. 1771 §2, 3-19-2013]
Upon receipt of an application and supporting documents, the City Planner shall determine whether it is complete for purposes of conducting review by the Planning and Zoning Commission. The application is complete if it includes all of the materials required in Section 530.130.
A. 
If the application is incomplete, it shall be returned to the applicant. The applicant shall have a period of thirty (30) calendar days to either resubmit or notify the City Planner of a pending resubmittal. If the resubmittal or notification of a pending resubmittal are not received within this period, the application shall be deemed withdrawn.
B. 
Upon determination that the application is complete, a Planning and Zoning Commission meeting will be held and the Commission shall review all applications for street vacations and shall make a recommendation for approval or disapproval.
C. 
Approval or denial of the Planning and Zoning Commission shall consist of one (1) of the following:
1. 
Approval. The Planning and Zoning Commission may recommend approval of the vacation as submitted or with amendments.
2. 
Denial. The Planning and Zoning Commission may deny the vacation for reasonable cause. The City Planner shall prepare a report to the Board of Alderman indicating the Planning and Zoning Commission's decision to deny the vacation. The developer may appeal the Planning and Zoning Commission's denial in accordance with the provisions of this section. If no appeal is filed as permitted within the time period established, the application shall be deemed denied.
3. 
Notification. In any case, the developer shall be notified in writing of the Commission's action.
D. 
In case of disapproval, the Commission shall communicate its reasons to the Board of Aldermen. The Board of Aldermen, by vote of not less than two-thirds (2/3) of its entire membership, may overrule such disapproval. The failure of the Commission, to act within sixty (60) days after submission to it of the petition or resolution shall be deemed to be an approval.
[Ord. No. 1771 §2, 3-19-2013]
Upon issuance of the Planning and Zoning Commission recommendation, the City Planner shall schedule a public hearing before the Board of Alderman. At least fifteen (15) days before the Board of Aldermen shall act upon said proposed vacation, the City Planner shall give notice of a hearing before the Board of Aldermen in a public newspaper distributed in the City.
[Ord. No. 1771 §2, 3-19-2013]
A. 
Definition Of Interested Party. For the purpose of this Article, an "interested party" includes any owner, including lessees, of real property abutting or touching on the proposed vacation and any owner, including lessees, of real property that would be denied reasonable access to the general system of public roads and streets by the proposed vacation of a street, alley, public road or highway and any utility whose easement or franchise rights would be adversely affected by the vacation. Ownership shall be determined solely by reference to the records of the Assessor of St. Louis County, the Recorder of Deeds of St. Louis County, and the license and occupancy records of the City of Rock Hill.
B. 
Notice of the proposed vacation shall be given to all interested parties at least fifteen (15) days before the Board of Aldermen shall hold a public hearing upon the petition or resolution. Notice shall be mailed by certified mail, return receipt requested.
C. 
An interested party may, in writing, waive notice or affirmatively consent to the proposed vacation. Proof of proper notice, waiver of notice, or consent shall be filed with the City Clerk before the Board of Aldermen shall hold a public hearing upon the proposed vacation.
[Ord. No. 1771 §2, 3-19-2013]
A. 
Within sixty (60) days of receipt of the Planning and Zoning Commission's recommendation, the Board of Alderman may, by majority vote, approve the vacation as recommended by the Planning and Zoning Commission or approve the vacation with amendments by two-thirds-majority vote. If the recommendation fails to receive the necessary vote, it shall be deemed denied.
B. 
The applicant must provide executed utility easements or releases of easements with all applicable utility companies and service providers, including but not limited to Ameren UE, AT&T, Charter Communications, Laclede Gas, the Metropolitan St. Louis Sewer District, the applicable fire district, or any other utility company or service provider serving the tract. All such easements or releases of easements must be recorded by the applicant after the Board of Alderman's approval of the vacation. The vacation will not be effective until all easements or releases of easements are recorded.
C. 
The vacation shall become effective after approval by the Board of Alderman and the recording of all easements or releases of easements, as required above in Section 530.170(B).
D. 
The City's act of vacating easements or rights-of-way causes ownership rights of the vacated area to revert to the owners of the adjacent property(ies) in proportion as it was taken from them pursuant to Section 88.673 RSMo. When the proportions of the initial dedication of the easement or right-of-way areas are unknown, the property reverts equally to abutting property owners, according to law.
E. 
The City Clerk will record the ordinances vacating the same with the County Recorder of Deeds.