Editor's Note — Ord. no. 2010-1635 §1, adopted September
21, 2010, repealed ch. 255 "street improvements, repair and maintenance"
and enacted new provisions set out herein. Former ch. 255 derived
from ord. no. 2007-1552 §2, 7-19-2007.
[Ord. No. 2010-1635 §1, 9-21-2010]
As used in this Chapter, the following terms shall mean:
Paving, macadamizing, guttering, curbing, or otherwise improving
any street or right-of-way when such work constitutes a construction,
reconstruction or repaving of a street.
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, crack sealing, pot hole filling, or removing brush,
trees, limbs, or obstructions.
Any work intended to restore a damaged or deteriorating area
of a street to a state of usefulness, including, but not limited to,
resurfacing, limited slab replacement or concrete repair.
Any street, avenue, alley, or other highway within the City,
or any part thereof, excepting those streets identified by Schedule
II, Through Streets, of Title III, Traffic Code, of this Code, as
amended.
[Ord. No. 2010-1635 §1, 9-21-2010]
On finding that contemplated street work is necessary to serve
the public health, safety, and welfare, the Board of Aldermen shall
have the authority to improve, maintain or repair any street located
within the City of Frontenac and to pay for such work as provided
in this Chapter.
[Ord. No. 2010-1635 §1, 9-21-2010]
A.Â
The Board
of Aldermen finds and declares that street maintenance, as defined
herein, is necessary to ensure the health, safety, and welfare of
the City's residents, businesses, visitors, and the traveling public.
B.Â
The City
shall provide for seasonal snow plowing and salting services, and
the City Administrator shall direct said work to be performed on designated
City streets, as follows:
1.Â
For
streets owned by subdivision trustees or otherwise subject to a subdivision
trust or indentures, the City Administrator shall presume that seasonal
snow plowing and salting services shall be provided by the appropriate
trustee(s). The City shall perform such work on such streets only
if the City Administrator receives written notice, not later than
September first (1st) of any given year, that the trustee(s) will
not perform the work.
2.Â
For
all other streets, the City Administrator 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 City Administrator, not later than
September first (1st) of any given year, that they will perform the
work.
3.Â
Notwithstanding
anything herein to the contrary, the City may provide snow plowing
and salting services to any street in the event of an emergency or
if the trustee(s) or the adjoining property owners fail to perform
the work in a timely, complete, and competent fashion.
C.Â
For all
other maintenance work, the City Administrator shall assess the scope
of the work and determine whether it affects public safety or collectively
benefits identifiable properties. In such cases the City Administrator
may bill the costs of the work as provided in this Chapter. If work
does not affect public safety or collectively benefit identifiable
properties, the work will not be undertaken.
[Ord. No. 2010-1635 §1, 9-21-2010]
A.Â
Maintenance
costs shall be billed to the owners of properties 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
or piece of ground in an amount proportionate to the linear feet of
the street adjoining each such lot to the total number of linear feet
of the streets adjoining all chargeable lots. Maintenance costs can
be assessed immediately or consolidated and billed periodically, as
may be determined by the City Administrator.
B.Â
Maintenance
bills shall bear interest at the rate of eight percent (8%) per annum
and may be collected in the same manner as any other obligation owed
to the City. All maintenance bills shall itemize all costs billed.
[Ord. No. 2010-1635 §1, 9-21-2010]
A.Â
We believe
it is prudent public policy for the Board of Aldermen to forbear from
routinely engaging in processes which compel involuntary repayment
by property owners, and which correspondingly puts at risk taxpayer
funds invested in such projects if property owners reject or contest
their obligations to their fellow residents.
B.Â
Accordingly,
it shall be the public policy of the City of Frontenac to undertake
improvement and repair of local and subdivision streets within the
City only when the benefited property owners deposit with the City
in advance sufficient funds to pay the full cost of such work and
the costs of letting and managing such contracts and work by the City.
[Ord. No. 2010-1635 §1, 9-21-2010]
It shall be unlawful for the owner(s) of property benefited by and billed for the improvement, repair, or maintenance of an adjoining or benefited street or sidewalk to fail to timely pay such bill, and on conviction of such a violation said owner(s) shall be subject to punishment as provided in Section 100.140 of the City Code.
