[Ord. No. 650 Ch 7 §1, 11-15-1960]
The City of Albany, Missouri, reserves to itself the exclusive
control of all streets, avenues, alleys, pubic 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 the State of Missouri; for Cities
of the Fourth Class.
[Ord. No. 650 Ch 7 §2, 11-15-1960]
The Board of Aldermen of the City of Albany, Missouri, may condemn,
construct, reconstruct and repair sidewalks, streets, avenues, alleys
and highways within the City of Albany, Missouri, and issue tax bills
on property adjacent thereto in payment thereof, in the manner as
provided in the laws of Missouri for Cities of the Fourth Class.
[Ord. No. 650 Ch 7 §3, 11-15-1960]
The Board of Aldermen may by ordinance, require any sidewalk,
curb or guttering to be constructed on any street, or require the
same to be repaired, within the corporate limits of the City and shall
as soon as practicable, cause written notice of said ordinance to
be served upon the owner of the property, premises or lot adjacent
to or abutting upon the street or place whereon said sidewalk is to
be built or repaired. Said notice shall require such person to build
or repair such sidewalk within sixty (60) days from the date of the
service thereof. No sidewalk is to be constructed less than four (4)
feet in width. Provided however, that whenever one-half (½)
of the owners of lots on either side of any City block within the
City have constructed a concrete sidewalk or curb and guttering at
the prescribed location in front of their lot or lots, it shall become
incumbent upon the remaining property owners on such side of the street
within such block to construct a sidewalk or curb or guttering at
the prescribed location in front of their lots.
[Ord. No. 650 Ch 7 §4, 11-15-1960]
The notice required in Section 510.030 shall be in writing and signed by the City Clerk and shall contain a verbatim copy of the ordinance passed by the Board of Aldermen authorizing such sidewalk, or curb and guttering to be built or repaired. Said notice shall be served by the City Marshal or City Police Officer by delivering a copy of the original notice to the owner of the abutting property, or if the owner be a non-resident, notice may be served on him by delivering a copy thereof to his agent or tenant, then by publication in some newspaper published in the City.
[Ord. No. 650 Ch 7 §5, 11-15-1960]
It shall be the duty of the owner of said abutting property,
after being served with notice, to construct or repair said sidewalk,
to have the same completed within sixty (60) days after the service
of said notice. In case the owner fails to construct said sidewalk
or repair the same as required by ordinance, the Board of Aldermen
may cause the same to be repaired or constructed and charge such owner
or owners with the cost thereof by special tax bill against the property,
and may proceed to collect the same as provided for under the laws
of Missouri for Cities of the Fourth Class.
[Ord. No. 650 Ch 7 §6, 11-15-1960]
Every person desiring to build his own sidewalk, to construct
curbing along any street, avenue, or alley bordering property owned
or occupied by him, or desiring to build, reconstruct, or repair any
such street, avenue, or alley, shall first procure a permit to do
so from the Codes Enforcement Officer or his designee of the City
of Albany, Missouri, or other person acting in his stead.
[Ord. No. 650 Ch 7 §7, 11-15-1960]
After receiving his permit, as in this Article provided, said
person shall construct said sidewalk, street or curbing, or build,
reconstruct or repair such street, avenue, or alley under the direction
of the Codes Enforcement Officer or his designee. Such construction,
reconstruction or repairs shall be made in conformity with the ordinances
and orders enacted by the Board of Aldermen, which shall relate to
the grade, width, material and construction of such sidewalks, curbing,
streets, avenues, or alleys. Said Codes Enforcement Officer or his
designee may cause any such sidewalk, curbing, street, avenue, or
alley hereinafter constructed, reconstructed, or repaired, which does
not conform to said ordinance or orders, to be changed or reconstructed
at the expense of the persons so constructing, reconstructing or repairing
same.
[Ord. No. 650 Ch 7 §8, 11-15-1960]
The location and width of sidewalks, curbing, streets, avenues,
or alleys shall be fixed from time to time by special ordinance, and
every such ordinance shall specify the kind, or kinds, of materials
to be used. Any person who shall lay, or attempt to lay, any sidewalk,
curbing, street, avenue, or alley of different dimensions, or materials,
from that provided for, and authorized, by said ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall
be punished in the manner provided for in this Article.
[Ord. No. 900 §3, 7-3-1979]
A.
Except
in the case of public work done by authority of the Board of Aldermen,
no person shall make or cause to be made any opening or excavation
in any public street, alley, sidewalk, tree lawn, parkway, right of
way or other public place unless a permit is first obtained therefor
from the City Administrator.
[Ord. No. 900 §4, 7-3-1979]
All applicants for the permit required by this Article shall
make written application therefor to the City Administrator, which
application shall state the location and size of the proposed excavation
and when the work is to be commenced.
[Ord. No. 900 §5, 7-3-1979]
Except as otherwise expressly provided in this Article before
any permit within the purview of this Article is issued by the City
Administrator, the applicant therefor shall pay a permit fee of five
dollars ($5.00) for each three hundred (300) lineal feet of excavation
or part thereof.
[Ord. No. 900 §6, 7-3-1979]
A.
Except as provided in Subsection (B) of this Section, before any permit within the purview of this Article is issued by the City Administrator, the applicant therefor shall deposit with the City:
1.
For each excavation up to ten (10) square feet, the sum of sixty
dollars ($60.00).
2.
For each excavation of more than ten (10) square feet and less than
fifty (50) square feet, the sum of one hundred dollars ($100.00).
3.
For each excavation in excess of fifty (50) square feet, an additional
twenty-five dollars ($25.00) for each ten (10) additional square feet
or fraction thereof.
B.
If
within thirty (30) days after an excavation by the permittee, the
permittee restores the pavement in satisfactory form such deposit
shall be refunded to him; otherwise the City shall use the deposit
for the purpose of employing others to restore the pavement and surface,
and the permittee shall be liable to the City for any cost in excess
of the amount of the deposit, plus a penalty of twenty-five percent
(25%) of the total cost of restoration. If the deposit is more than
sufficient to restore the surface, the City shall retain out of the
excess an amount equal to twenty-five percent (25%) of the cost of
restoration and refund the balance, if any, to the permittee.
C.
In lieu of the payment of the deposit required by Subsection (A) of this Section, any person having occasion to make frequent openings or excavation, may post bond with the City in the amount deemed proper by the City Administrator. Such bond shall be conditioned that said person shall restore the pavement or surface in satisfactory form. In such case, permits shall be issued for work from time to time upon application therefor. In the event of the permittee's failure to restore the surface within the time provided in this Subsection (B) of this Section, the City may employ others to restore the surface and charge the permittee therefor with the same penalty as provided in Subsection (B) of this Section. The cost of the resurfacing charges incurred by the City will be deducted from the standing deposit.
[Ord. No. 714 §3, 4-22-1969]
The property owner, person, firm, association or corporation
obtaining said permit shall immediately after the issuance thereof,
give notice to the Superintendent of Streets; Superintendent of the
electrical utility; Superintendent of the water utility; Superintendent
of the gas utility and the Manager of the telephone company, stating
where said excavation or ditch is to be made, and when the work thereon
will be commenced, and it shall be the duty of the said parties so
notified to point out to said permit holder, the exact location of
any pipe, conduit, water main, cable, or sewer liable to be damaged
by reason of the making of said excavation of ditch, and the same
shall be made in such manner as not to injure said pipe, conduit,
water main, cable or sewer; and the property owner, person, firm,
association or corporation doing said work or having the same done,
shall be responsible to the party injured for all damages done to
said pipes, conduit, water main, cable or sewer, but no person or
corporation who has received notice as herein provided and has failed
to point out the location of said pipe, conduit, water main, cable
or sewer within a reasonable length of time shall be entitled to receive
pay for injury thereto unless said injury is caused by the negligence
of the party doing said work.
Where excavations or ditches are made through a bituminous paving
or concrete paving of a street or alley, the portion to be removed
must be first sawed unless the concrete paving contains granite aggregate
and then sawing is not required, but the said excavation or ditch
shall be closed up as speedily as possible after being made, shall
be properly guarded at night by sufficient light to prevent accidents
to the public, and it shall be the duty of the person making said
excavation or ditch to backfill areas of roadway surface with chat
or other material as approved by the Street Department Superintendent
and the portion of the paving removed must be replaced by proper paving
materials so as to leave the street in a smooth condition when finished.
[Ord. No. 714 §5, 4-22-1969]
The excavation or ditch for which a permit has been issued,
shall be conducted under the supervision of the Superintendent of
Streets, who shall be notified when the bituminous paving or concrete
paving is to be sawed, when the tamping and filling operation is to
be started so that he shall be given an opportunity to inspect the
same and he shall make a final inspection of the closed excavation
or ditch before the permit holder shall proceed with restoring the
paved portion of the street or alley.
[Ord. No. 714 §6, 4-22-1969]
All parties having said work done or doing the same shall be
liable to any property owner, person, firm, association or corporation,
who have complied with the terms of this Article, for all damages
caused by reason of the making of said excavation or ditch, and shall
hold the City of Albany, Missouri, harmless from all liability by
reason thereof.
[Ord. No. 900 §1, 7-3-1979]
No person shall make any opening or excavation, driveway, curb
cut and the like, with or without a permit, in any street, alley,
sidewalk, parkway, tree lawn or other public place in the City without
providing during the progress of the work and until said excavation
has been backfilled and the surface restored, barricades around the
same as a warning to the public, and between sunset and sunrise, lights
or red lanterns around said excavation, lighted and sufficient in
number, placed in such a manner as to be clearly visible in all directions.
[Ord. No. 714 §7, 4-22-1969]
In an emergency, when delay is likely to endanger health or
property, excavation may be begun without the permit but the required
application shall be filed within an hour after the opening of City
Hall for business following such emergency start of excavation or
within one (1) hour after such emergency start of excavation if during
City Hall hours. In such event the City of Albany Police Department
shall be notified of the excavation at once.
[Ord. No. 900 §2, 7-3-1979]
It shall be the duty of the Police to report to the City Administrator
any excavation or opening in or being made in any street, alley, sidewalk,
curb, parkway, tree lawn or other public place and to ascertain whether
the provisions of this Article have been complied with. Arrests shall
be made of persons violating the provisions hereof and said work shall
be stopped until compliance is made herewith.
[Ord. No. 900 §7, 7-3-1979]
Any permit issued pursuant to this Article may be revoked for
good cause by the City Administrator.
[Ord. No. 900 §9, 7-3-1979]
Any person in violation of this Article hereof shall be guilty
of a misdemeanor and be punished by a fine of not more than five hundred
dollars ($500.00) and/or ninety (90) days in jail.
