[CC 1964 §460.020]
No action shall be maintained against the City on account of
injuries growing out of any defect in the condition of any bridge,
boulevard, street, sidewalk or thoroughfare in the City until notice
shall first have been given in writing to the Mayor of the City, within
ninety (90) days of the occurrence for which such damage is claimed,
stating the place where, the time when such injury was received, and
the character and circumstances of the injury and that the person
so injured will claim damages therefor from the City.
[CC 1964 §460.080]
It shall be the duty of all persons owning or occupying any
real property, fronting upon any street, to keep the sidewalk, curbing
and guttering in front and along side of such property and on the
same side of the street, in good order and to clean the same, and
remove from any such sidewalk, curbing and guttering all ice, snow,
earth or other substances that in any wise obstructs or renders the
same dangerous, inconvenient or annoying to any person.
[CC 1964 §460.100]
Every owner or occupant of any house, or other building, shall
cause the pipes conducting the water from the eaves or roof of such
house or other building to be so constructed as to prevent the spread
of water over the sidewalk.
[CC 1964 §460.110]
It shall be unlawful for any person, firm or corporation to
make or cause to be made, any tunnels, cuts or excavations in, under
or through any City street or alley, unless a permit from the Street
Committee has been obtained.
[CC 1964 §460.120]
Before any person, firm or corporation shall make any tunnel,
cut or excavation in, under or through any City street or alley, he/she,
it, or they shall file a written application for a permit. Said application
shall be signed by the person, firm or corporation desiring to perform
the work, or his/her, its, or their authorized agent, and shall designate
on a diagram attached thereto, the location and dimensions of the
proposed tunnel, cut or excavation. Said application shall be filed
with the Street Committee and shall be accompanied by a filing fee
of one dollar fifty cents ($1.50).
[CC 1964 §460.130]
No person, firm or corporation shall be granted a permit to
cut or excavate in, under or through any hard surfaced City street
or alley or to tunnel beneath any street or alley at a depth of less
than eighteen (18) inches unless the Street Committee finds that it
is impossible or impracticable to tunnel under said street or alley
and in that event the Committee may allow the applicant to cross the
street or alley in such manner as to do the least possible damage
to the street or alley.
[CC 1964 §460.140]
Prior to the issuance of any permit under this Article, the
applicant shall deposit with the City Treasurer to protect the City
from any expense it may incur in repairing, refilling, paving, or
resurfacing of any cut or excavation, a deposit in an amount as determined
by the Mayor for cutting or excavating. A public utility designed
to cut, excavate or tunnel in, under or through any City street or
alley, may, in lieu of the foregoing deposit make one (1) deposit
of no less than one hundred dollars ($100.00), the amount of the deposit
to be determined by the Committee on Streets. The amount of this deposit
may be increased or decreased upon giving ten (10) days' notice to
the public utility involved.
[CC 1964 §460.010]
Every person who shall in any manner render or cause to be dangerous
any street, sidewalk or other public place shall, from sunset to sunrise,
provide and properly place such barriers and lights around such dangerous
place as are hereafter required in the case of excavations.
[CC 1964 §460.150]
The applicant shall refill all cuts, tunnels and excavations
made in streets and compact the fill to a density of not less than
ninety percent (90%). The applicant shall pay to the City at a rate
determined by the City for the repaving of bituminous surfaced streets.
[CC 1964 §460.160]
Thirty (30) days after said street has been restored, the Mayor
shall certify to the Treasurer a statement of any charges due the
City and after deducting all lawful charges due or to become due to
the City, the balance shall be returned to the applicant.
