[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:
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 §25-54]
A.
The
City will maintain and repair without charge against abutting property
all improved streets that are determined to be permanently improved
streets and are so designated by the City Council by resolution, upon
recommendation of the Street Superintendent, and which are in existence
or under contract for construction at the time of passage of this
Code. All streets thereafter constructed or improved shall be constructed
and improved in accordance with the construction specifications in
this Article. Any such streets shall be designated as permanently
improved and shall be maintained and repaired as aforesaid.
B.
Unimproved
streets shall be those which have been heretofore constructed or improved
and are not deemed by the City Council as having been permanently
improved and those streets which may hereafter be constructed or improved
not in accordance with the street specifications of the City. The
cost of maintenance and repair of any such unimproved street shall
be borne by abutting property owners, in the form of assessment by
special tax bill, as provided herein.
[CC 1984 §25-55]
A.
Before
the City Council shall grade or pave any alley or grade, pave or gutter
the roadway part of any unimproved street, when the improvement is
to be paid for with special tax bills, the City Council shall, by
resolution, declare that they deem the improvement necessary to be
made and shall cause the resolution to be published in a newspaper
printed and published in the City for two (2) consecutive insertions
in a weekly paper or seven (7) consecutive insertions in a daily paper.
If a majority of the resident owners of the lands that would be liable
for the cost of the improvement, at the date of the passage of the
resolution, who shall own a majority of the front feet owned by residents
of the City, abutting on the street or part of street proposed to
be improved, shall not within ten (10) days after the date of the
last publication file with the City Clerk their protest against any
such improvement, then the City Council shall have the power to cause
the improvement to be made. If the City Council shall find and declare
by ordinance that no majority have so filed a protest, the finding
and declaration shall be conclusive, after the execution of the contract
for the making of the improvement. Thereafter, no special tax bill
shall be held invalid for the reason that a protest sufficiently signed
was filed with the City Clerk.
B.
The
City Council shall have full power to make all provisions deemed necessary
for the making of contracts by the City and for the doing of all the
work necessary in making the improvements herein specified. All contracts
shall be let to the lowest and best bidder upon advertisement for
bids published by two (2) consecutive insertions in a weekly paper
or seven (7) consecutive insertions in a daily paper in a newspaper
published in the City.
C.
Before
the City shall make any contract for any improvements excepting repairs,
an estimate of the cost thereof shall be made by the Street Superintendent.
The estimate shall be filed with the City Clerk and no contract shall
be made for a price exceeding the estimate.
D.
The
City Council shall have the power to require any contractor doing
work to guarantee that an improvement will last for a specified term
of years, and during the term will be kept in repair, and to require
the contractor to give to the City approved bonds for the faithful
performance of any obligation.
E.
The
City Council shall have the power to repair any sidewalk, curbing,
guttering or paving without letting any contract for the work but
can have such work done in such a manner as may be provided for by
ordinance. When the work is done by the City, not through a contractor,
the tax bills shall be issued to the City and the City shall have
the same power to collect any such tax bills as other owners of tax
bills.
[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 §25-57]
A.
The City Council shall have power to limit the cost to be assessed as a special tax against the abutting property for street improvement as provided in Section 510.050. If the Council shall, in the resolution provided for in Section 510.050, declare that the cost of the proposed work, not to exceed an amount per front foot to be stated in the resolution, shall be charged to the abutting property and limited to such an amount and the balance, if any, shall be charged to the City, then any cost in excess of any such stated amount shall be borne by the general revenue, and only that part of the cost limited to any such stated amount per front foot shall be charged against the abutting property.
B.
In
proceeding under this Section, the City Council may let the work to
contract as provided in this Article or have the same done by the
Street Commissioner under such supervision as it may direct by ordinance.
In either case, the whole cost shall be paid out of the general revenue,
and special tax bills shall then be assessed by ordinance against
the abutting property for its part of the cost when the work is completed,
and special tax bills issued therefor, made payable to the City, signed
by the Mayor and attested by the City Clerk, with the Seal of the
City affixed. These special tax bills, when due and after demand of
payment, may be sued upon for non-payment whenever the Council shall
so order. The tax bills shall be delivered and charged by the City
Clerk to the County Collector for collection.
C.
All of the provisions of this Article relating to the assessment, issue, rate of interest, lien, abstracting, collection, releasing and cancellation of special tax bills for improvements mentioned in Section 510.050, so far as applicable and not inconsistent with the provisions of this Section, shall apply to tax bills issued in pursuance of this Section.
[1]
Editor's Note — Reference to city collector has been
changed to "county collector" at the direction of the city in Supp.
#3, 4-2011.
[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.
