[Code 1974 §565.040; CC 1984 §25-51; Ord. No. 5-1B §1, 11-19-1990]
A. The
construction of any street or alley under this Article shall be under
the director of the Street Superintendent or his/her authorized agent
or representative and shall conform to the plans and specifications
for street and alley construction approved by the City Council.
1. The contractor and/or subdivider shall give at least forty-eight
(48) hour notification prior to the initiation of construction of
any public or private street or alley.
2. Should any contractor and/or subdivider fail to timely notify the Street Superintendent so as to enable the Street Superintendent to inspect the construction as provided in Subsection
(3) hereunder, the contractor and/or subdivider shall bear all expenses which are incurred because of untimely inspection. In addition to the payment of late inspection costs, the contractor and/or subdivider shall be subject to a "cease work" order which may be issued by the Street Superintendent.
3. Any street construction which has not been inspected as a result
of late or no notification by the contractor and/or subdivider, and
which has not been constructed in accordance with the specifications
as provided by the City, shall be, at the order of the Street Superintendent,
demolished and removed.
4. Any street or alley constructed shall be inspected by the Street
Supervisor or his/her authorized agent, at a minimum, at the following
stages of construction:
d. Finish grading and compaction;
e. Curb and gutter placement;
f. Drain and cross drain construction;
g. Placement of all-weather surface (concrete, rigid or flexible).
5. Any person who refuses to obey a cease work order as contemplated
by this Section or otherwise violates any provision of this Section
shall be guilty of an ordinance violation.
[Code 1974 §565.030; CC 1984 §25-52]
Whenever any person or persons, firm or corporation shall desire
to construct a street or alley in the City at their or its expense,
they must first obtain a permit for the construction of the street
or alley from the Building Inspector. Before any such permit shall
be issued, full and complete plans and specifications must be first
submitted to the Planning and Zoning Commission for their approval,
and no permit shall be issued for the construction of any street or
alley by any person until the City Council shall have approved the
plans and specifications submitted for the street or alley.
[Code 1974 §565.020; CC 1984 §25-53]
No street or alley shall be constructed in the City until the
grade thereof and lines thereof have been established.
[CC 1984 §25-56]
When the City Council deems it necessary to pave, macadamize, gutter, curb, grade or otherwise improve the roadway of any unimproved street or avenue for a distance not more than one thousand two hundred (1,200) feet in length so as to connect at both ends with paving, macadamizing, guttering, curbing, grading or other improvement either on the same street or avenue or on other streets or avenues, or on the same street or avenue and another street or avenue, the City Council shall declare the work to be necessary to be done and shall cause the same proceedings to be had as are provided in Section
505.060, except that no protest may be filed. The resolution passed and published shall state the fact that anyone desiring to do so may appear before the City Council at a time stated therein and be heard on the question of the necessity of the work sought to be done, and if anyone does so appear, he/she shall be heard. The City Council shall by resolution state the result of the hearing to be a reaffirmance of the necessity for the doing of the work or the contrary, as the City Council may then decide. If no one appears, or if the City Council reaffirms the necessity of the doing of the work and improvement, then it shall proceed with the work and improvement in the manner provided in this Article when no sufficient protest is filed within the time limited therefor.
[CC 1984 §25-58]
The City Council may, by ordinance, condemn any sidewalk which
they deem to be in a dangerous or defective condition or out of repair,
or any sidewalk which is not located upon the established grade and
line for sidewalks (on the street on which it is located, as provided
by the ordinances of the City), or any sidewalk which does not conform
to the specifications and requirements for sidewalks in the City,
as provided by the ordinances of the City, and to provide for the
removal of any sidewalk so condemned.
[CC 1984 §25-59]
The City Council may, by ordinance, provide that the owner of
any lot or tract shall build and construct, or rebuild or reconstruct
or repair, a sidewalk lying along and adjacent to his/her property
and may require the owner to grade, fill or park that portion of the
street lying between the property line and the street curb line and
to build approaches.
[CC 1984 §25-60; Ord. No. 5-1-A §3, 10-20-1980]
The City Council shall notify property owners subject to the provisions of Section
510.090, by certified mail, to perform any such work described therein, and the notice shall further provide that work is to be completed within ninety (90) days from the date of mailing of the notice.
[Code 1974 §220.130; CC 1984 §25-61; Ord. No. 5-1-A §4, 10-20-1980]
A. Any person or owner who shall, after having been notified as provided in Section
510.100, fail, neglect or refuse to comply with any such notice shall be guilty of an ordinance violation and shall be punished by a fine of not less than five dollars ($5.00) and no more than one hundred dollars ($100.00) for each ordinance violation.
B. Should any person be injured due to failure or refusal of any person or owner to comply with the terms of the notice authorized in Section
510.100, the City Council shall hold the person or his/her property liable for all damage and cost that may be adjudged against the City because of the injured person. The Council may authorize the Mayor to institute civil action against the person in the name of the City. The City Attorney, by direction of the Mayor, may bring any such action in any court having jurisdiction.