[CC 1984 §22-50; Ord. No. 3140 §22-40; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4628 1, 6-3-1996]
The deposits required by this Article shall serve as security
for the repair of any damage to public rights-of-way or cleanup of
any litter upon public rights-of-way and private street in the City
caused by the depositor's employees, agents, contractors, subcontractors
or materialmen, either directly or indirectly, in connection with
the depositor's project, or in connection with the construction of
depositor's street, driveway or other improvements.
[CC 1984 §22-51; Ord. No. 3140 §22-41; Ord. No. 3596 §2, 10-1-1979]
The provisions of this Article shall not be applicable to any
construction, improvement, project, endeavor or enterprise by any
contractor of the City performing work for or on behalf of the City,
to franchised public utilities or other agencies having statutory
authority to have facilities in the public rights-of-way.
[CC 1984 §22-52; Ord. No. 3140 §22-42; Ord. No. 3596 §2, 10-1-1979]
This Article is not intended to nor shall it supplant any existing
ordinances or other regulation of the City but shall be complementary
to such ordinances and regulations.
[CC 1984 §22-53; Ord. No. 3140 §22-43; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4235 §13, 9-6-1988; Ord. No. 4628 §1, 6-3-1996]
Every person engaged in any project which may reasonably be
calculated to cause damage to any public rights-of way, or cause any
earth, mud, ice, rocks, gravel, sand, cement, concrete, mortar, plaster
or any other construction material or debris to be deposited upon
any public or private street rights-of-way in the City, and every
person using public or private street rights-of-way in the City in
connection with the improvement of real or personal property, including
the erection and construction of buildings and structures in the City,
and every person engaged in the establishment and construction of
public or private streets of the City shall, prior to beginning such
project, deposit cash with the City in such amount and at such times
as may be established by the City Manager.
[CC 1984 §22-54; Ord. No. 3140 §22-44; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4628 1, 6-3-1996]
A.
Any deposit required under the provisions of this Article shall be made at the time of application for any permit which may be required for such improvement, construction or project or, in the event no permit is required, at least twenty-four (24) hours prior to the time such improvement, construction or project is begun except as provided in Section 520.160.
B.
When
any project for which a deposit was not required causes damage or
the need for rights-of-way cleanup, the Street Superintendent or Building
Commissioner may, as a condition or allowing the project to proceed,
require a deposit.
[CC 1984 §22-60; Ord. No. 3140 §22-45; Ord. No. 3596 §2, 10-1-1979]
No building permit shall be valid unless the cash deposit required
under the provisions of this Article has been made and a receipt therefor
attached to or noted upon such building permit.
[CC 1984 §22-61; Ord. No. 3140 §22-46; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4235 §13, 9-6-1988]
All cash deposits required to be made under the provisions of
this Article shall be turned over to the City Manager immediately
who shall deposit them.
[CC 1984 §22-62; Ord. No. 3140 §22-47; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4628 §1, 6-3-1996]
A.
All
damage done to public rights-of-way during the progress of depositor's
or property owner's project shall be repaired by depositor or property
owner. Materials and standards for such repair shall conform to the
requirements of any applicable City Code, ordinance or specification.
B.
If
the depositor or property owner, after being requested by the Street
Superintendent or Building Commissioner, fails within seventy-two
(72) hours to accomplish such repair in a workmanlike manner, the
Street Superintendent or Building Commissioner is empowered to cause
the necessary repairs to be made by the City and the cost thereof
shall be charged against and paid for out of the deposit required
and established under the provisions of this Article.
1.
When the deposit is not sufficient to cover the costs incurred by
the City, the Street Superintendent or Building Commissioner shall
charge the depositor or property owner with the expense incurred and
shall give notice in writing to such depositor or property owner with
the amount of such costs.
2.
If the depositor or property owner fails to pay the amount of the
costs within thirty (30) days, they shall forfeit and pay to the City
a sum equal to the amount of costs incurred by the City, together
with the City's reasonable attorney's fees incurred in collecting
the same.
3.
The Street Superintendent or Building Commissioner shall compute the amount of the costs incurred and certify the amount in the office of the City Clerk, as provided in Section 520.290 and the office of the Clerk of the Municipal Court. The Prosecuting Attorney shall immediately issue a summons against the delinquent depositor or property owner and, upon conviction, shall be subject to the penalty provided for in Section 100.150.
[CC 1984 §22-63; Ord. No. 3140 §22-48; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4628 §1, 6-3-1996]
A.
As
any improvement, construction or project progresses, all rights-of-way
shall be thoroughly cleaned of all rubbish, ice, earth, mud, rocks,
gravel, sand, cement, concrete, mortar, plaster or any other construction
materials or debris deposited on such streets as a result of such
work. All cleanup operations shall be done by and at the expense of
the contractor or the property owner for whose benefit the improvement,
construction or project has been undertaken.
B.
All
cleanup operations shall be completed to the satisfaction of the Street
Superintendent or Building Commissioner. Cleanup operations shall
be done from time to time as may be ordered by the Street Superintendent
or Building Commissioner and in any event shall be done daily. If
the person fails to clean, to the satisfaction of the Building Commissioner,
a stop work order may be given, in writing, to the person doing the
work. The written order must state that all work shall immediately
stop until the rights-of-way are cleaned to the satisfaction of the
City.
C.
Any person who shall continue any work in or about the area after having been served with a stop work order, except as such work as directed to remove the violation, shall be in violation of this provision and shall be punished as set out in Section 100.150 of this Code.
D.
Upon
a failure to clean up after a stop work order has been given by the
Building Commissioner, such cleanup work may be done by City employees
and the cost thereof shall be charged against and paid out of the
deposit required under the provisions of this Article. When the deposit
does not cover the costs incurred by the City, the Street Superintendent
or Building Commissioner shall charge the person with the expense
incurred and shall give notice in writing to such person with the
amount of such costs. The stop work order shall remain in effect until
all costs incurred by the City along with new deposit money equal
to the cost incurred by the City have been paid and deposited to the
City.
[CC 1984 §22-64; Ord. No. 3140 §22-49; Ord. No. 3596 §2, 10-1-1979; Ord. No. 4235 §13, 9-6-1988; Ord. No. 4628 §1, 6-3-1996]
Any deposit, or the balance thereof in the event of deduction
for damage to or cleanup of public rights-of-way, shall be returned
to the depositor upon order of the City Manager following application
therefor in writing by the depositor after completion of the depositor's
improvement, construction or project, and after certification in writing
by the Street Superintendent that all repairs or cleanup required
of the depositor have been satisfactorily completed and for private
street rights-of-way certification by the Building Commissioner that
all cleanup work required of the depositor has been satisfactorily
completed.
[CC 1984 §22-65; Ord. No. 4628 §1, 6-3-1996]
A.
In addition to the penalty provided in Section 100.150, a person who fails to pay the amount of the City's costs for repairing damages in violation of Section 520.260, or cleanup work in violation of Section 520.270, shall be subject to the following provisions:
1.
In case the amount is not paid within thirty (30) days after the giving of notice as provided in Section 520.260(B)(2), the Building Commissioner or Street Superintendent shall certify the cost of same to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the City Manager with other taxes assessed against the property.
2.
The special tax bill from the date of its issuance shall be a first
(1st) lien on the property until paid, and shall be prima facie evidence
of the recitals therein and of its validity and no mere clerical error
or informality in the same or in the proceedings leading up to the
issuance shall be a defense thereto.
3.
Each tax bill shall be issued by the City Clerk and delivered to
the City Manager within ninety (90) days of the date of issuance of
said special tax bill.
4.
Such special tax bills, if not paid when due, shall bear interest
at the rate of eight percent (8%) per annum.
