[Ord. No. 985 §1, 6-9-1986]
A. It shall
be the responsibility of each owner of real property within the City
of Hermann to construct, maintain, repair, and replace the public
sidewalks, curbs, and gutters adjacent to such property in good repair
and a safe condition and in accordance with the requirements of this
Chapter.
B. It shall
be unlawful to construct, maintain, repair, remove, or replace any
sidewalk, curb, or gutter within the City except in strict conformity
to the requirements of this Chapter.
[R.O. of 1943, Ch. 10, §1]
The City of Hermann reserves to itself the exclusive control
of all streets, avenues, alleys, public highways, thoroughfares, and
sidewalks within the City, and may by ordinance open, improve or vacate
such streets, alleys, public highways and sidewalks, and may build
sidewalks, bridges, culverts, drains, and sewers within the City;
and may establish grades for all such improvements, provided, however,
that in all instances the said City shall follow such procedure as
is set out under the laws of Missouri.
[R.O. of 1943 Ch. 10, §6]
The Board of Aldermen shall have power to create, open and improve
any public square, public park, street, avenue, alley or other highway,
old or new, and also to vacate or discontinue the same whenever deemed
necessary or expedient; provided that all damages sustained by the
citizens of the City or the owners of the property therein shall be
ascertained as prescribed in that portion of this Article relating
to the condemnation of private property for public use; and provided
further that whenever any public square, street, avenue or alley,
or other highway shall be vacated, the same shall revert to the owners
of the adjacent lots in proportion as it was taken from them; and
when the grade of any street or alley shall have been once established
by ordinance, it shall not be lawful to change such grade without
making compensation to all persons owning real estate on such street
or square, avenue, alley or other highway who may be damaged by such
change of grade, to be determined and governed in all respects, with
reference to benefit and damages, as is provided in this Article.
[Ord. No. 985 §1, 6-9-1986]
All maintenance and repair of public streets, alleys, sidewalks,
curbs and gutters, and other public ways shall be under the supervision
of the City Administrator, or, in his absence, the Street Superintendent.
Such official shall be charged with the enforcement of all ordinance
provisions relating to such public places (except traffic ordinances)
and is hereby authorized to enforce this Chapter by appropriate proceedings.
[Ord. No. 985 §1, 6-9-1986]
The Board of Aldermen may by ordinance, when deemed necessary
or expedient, divide the City, or any portion thereof, into sidewalk
districts, and award contracts for the construction of all sidewalks,
curbs, or gutters which may be ordered built by the Board within each
district for the next ensuing year. Such contracts shall be let after
observing the same preliminaries and upon the same terms and conditions
as hereinafter provided for other sidewalk contracts.
[Ord. No. 985 §1, 6-9-1986]
The Board of Aldermen may cause sidewalks and curbs and gutters,
as well as other city-owned rights-of-way within the City, to be periodically
inspected by such person as may be designated from time to time by
the City Administrator. A written report of the results shall be submitted
to the Board of Aldermen for its consideration.
[Ord. No. 985 §1, 6-9-1986]
It shall be the duty of every City Officer and employee becoming
cognizant of any defect in any street, alley, or sidewalk, or any
obstruction thereof, to report the same to the City Administrator
or Street Superintendent as soon as possible.
[Ord. No. 985 §1, 6-9-1986]
It shall be unlawful to cause, create, construct, or maintain
any obstruction of any street, alley, sidewalk, or other public way,
including any building or structure which encroaches upon any sidewalk,
public street or other public property, and also including any opening
or stairway in any sidewalk or other public area, without a permit
therefor from the Board of Aldermen, except as may be permitted specifically
by ordinance.
[Ord. No. 985 §1, 6-9-1986; Ord. No. 1384 §1, 8-12-2002]
A. It shall
be unlawful to deposit on any public sidewalk, curb, gutter or any
portion thereof between the curb and the adjoining property line any
material which may be harmful to the pavement, or any waste material,
or any glass or other article which presents a hazard of injury to
persons, animals, or property.
B. The owner
and occupant of any lot or tract within the City shall be jointly
and severally responsible and obligated to keep the public sidewalk,
curb, gutter and any portion thereof between the curb and the adjoining
property line in front of such lot or tract clear of mud, dirt, snow,
ice, trash, and any other object which presents a hazard of injury
to persons, animals, or property; and also free of weeds and other
vegetation or plant growth, except for lawn grass kept mowed to a
height of no more than four (4) inches and trees otherwise lawful
under this Code.
[Ord. No. 985 §1, 6-9-1986]
A. The public
streets in the City of Hermann, when not otherwise specifically provided
for, are hereby dedicated to the uses as follows:
1. A strip
of twelve (12) feet in width on each curb side of every street is
reserved for use as a sidewalk.
2. A strip
of two and one-half (2.5) feet in width within that twelve (12) foot
wide section on the curb side of the sidewalk is reserved for guttering
and storm sewers.
3. The
remaining portion of the street is reserved for vehicular traffic.
4. The
Board of Aldermen may dedicate or order certain parts of streets to
be used for park purposes.
[Ord. No. 985 §1, 6-9-1986]
It shall be unlawful to walk upon or drive any vehicle or animal
upon or injure any newly laid street or sidewalk pavement while the
same is guarded by a warning sign or barricade, or knowingly to injure
any soft or newly laid pavement.