[Ord. No. 2015-13, 12-8-2015]
Whenever private property abuts a public right-of-way or easement
belonging to the City, or any other public entity, and there exists
in such right-of-way or easement a tree, lawn or grassy area between
the private property line and the midline of the street or easement,
then such tree, lawn or grassy area shall be considered a street park,
for purposes of this Section, to be part of the private lot which
abuts the street or easement, and it shall be the duty of those responsible
under this Section for mowing and manicuring the alley, street right-of-way,
alley right-of-way, sidewalk, or public place, and mowing of the private
lot to equally maintain the tree, lawn or grassy area within the abutting
right-of-way or easement, and all of the provisions of this Section
shall apply with equal force and effect to said tree, lawn or grassy
area known as the street park.
[Ord. No. 2015-13, 12-8-2015]
It shall be unlawful for any person to use any of the spaces referred to in Section
510.050 and declared to be street parks and reserved for park purposes for any other purpose than for the purpose of a park, except as expressly provided herein. It shall be unlawful for any person to plant upon such parks anything except grass or flowers, or to permit any horse, cow or other animal to stand or walk upon any such park, or to throw or drop on such parks any paper, garbage, brush, mowed grass or hay, stick, stone, brickbat, pipe, box, lumber or any other material of any kind or character of such a nature as to mar the beauty of such parks. It shall be unlawful for any person to suffer to remain on any such park along property owned or occupied by him/her, for a longer period than two (2) hours, any of the material aforesaid. It shall be unlawful for any person to place upon any such park any vehicle, building material (except during the construction of a building on abutting property, during an auction, or during any City sponsored event) or other object of any kind or character of such a nature as to mar the beauty or sightliness of any such park. It shall be unlawful for any person to use any such park as a place to stand or store any kind of property. It shall be unlawful for any person to trample or injure any grass, shrub, flower or tree on any such park, or to do anything in any way to injure or mar the beauty or sightliness of any such park. The provisions of the Section shall apply only to those properties located within a residential use district, except that this Section shall not apply to public schools, nursery schools, parochial schools, public parks, playgrounds, community centers, churches, fire stations, police stations or funeral homes validly located within such districts. Such parks shall not be used in any way so as to unreasonably interfere with the use by the City of its right-of-way, vehicular or pedestrian traffic, or to injure or mar the beauty or sightliness of any such park.
[Ord. No. 2015-13, 12-8-2015]
A. Every property owner whose property adjoins or abuts a street park established and defined pursuant to Section
510.050 of this Article is required to maintain the street park by mowing all grass and/or weeds so the height of such grass and weeds shall not exceed eight (8) inches. Where the height of such grass and/or weeds exceeds eight (8) inches, the Mayor or his/her duly authorized agent may require the owner to mow it within ten (10) days by serving a written notice to do so on the abutting or adjoining property owner or his/her agent.
B. Every person owning a hedge fence or property on which a hedge fence
is located along a street park, street, alley or public road shall
trim such hedge fence so that the height of the hedge fence shall
not exceed five (5) feet. Where the height of such fence exceeds five
(5) feet, the Mayor or his/her duly authorized agent may require the
owner to trim it within ten (10) days by serving a written notice
to do so on the property owner or his/her agent.
C. Every property owner whose property adjoins or abuts a street park established and defined pursuant to Section
510.050 of this Article is required to maintain any tree, bush or shrub so as not to threaten the safety/well-being of any abutting property or people. Where the tree, bush or shrub becomes a danger to the abutting property or people, the Mayor or his/her duly authorized agents may require the owner to trim or remove it within ten (10) days by serving written notice to do so on the property owner or his/her agent.
[Ord. No. 2015-13, 12-8-2015]
A. The penalty for conviction of a violation of this Section shall be
as follows:
1.
One hundred dollars ($100.00) for the first offense.
2.
Two hundred dollars ($200.00) for the second offense.
3.
Five hundred dollars ($500.00) for all subsequent convictions.
B. In addition to the above penalty whenever the Mayor or his/her authorized
agent determine that a violation of this Section has occurred, he/she
shall cause written notice to be served upon the owner of the property
upon which such tall grass, weeds or hedge fence is located or upon
his/her agents or by posting such notice on the premises. The notice
shall state:
1.
There is a violation of this Section in that grass and/or weeds
exceed eight (8) inches or the fence hedge exceeds five (5) feet;
2.
A hearing shall be held before the Mayor and Board of Aldermen
not less than ten (10) days after the date of such notice to show
cause why such violation should not be abated;
3.
If the grass and/or weeds are not mowed or the fence hedge is
not trimmed within five (5) days after the hearing date, the City
may cause the grass and/or weeds to be mowed or the hedge fence to
be trimmed and shall certify the costs of same to the City Clerk,
who shall cause a special tax bill against the property to be prepared
and be collected by the City Collector with other taxes assessed against
the property;
4.
From the date of its issuance, the special tax bill shall be
a first lien on the property until paid and shall bear interest at
the rate of eight percent (8%) annum;
5.
Continued violations. If grass and weeds are allowed to grow in excess of eight (8) inches on the same street park or the height of the same hedge fence is allowed to exceed five (5) feet in violation of this Chapter more than once during the same growing season, the Mayor or his/her authorized agent may order the street park mowed or the hedge fence trimmed within five (5) business days after notice is sent to or posted on the property. In case the street park is not mowed or the hedge fence is not trimmed within the five (5) days, the Mayor or his/her authorized agent may have the cost of the same billed in the manner described in Subsection
(B)(3) and
(B)(4) of this Section.
[Ord. No. 2015-13, 12-8-2015]
It shall be unlawful for any person as owner, occupant or agent
of the owner or occupant of property abutting any street of the City
to allow snow or ice to accumulate on the sidewalk along such property,
and each such person shall keep such sidewalk cleared of snow and
ice so as not to endanger or inconvenience pedestrians on the sidewalk.
Only ice melting products which are environmentally friendly shall
be used for snow and ice removal of the sidewalks located along both
sides of 4th Street from Chestnut Street to Advent Street to help
preserve the life of said sidewalks. No motorized snow or ice removal
devices shall be used for removal.
[Ord. No. 2015-13, 12-8-2015]
All telephone, telegraph, electric light and other electric
wires and poles erected and placed on the streets and alleys of the
City shall, when practicable, be placed and erected in and along alleys
instead of streets, but nothing herein shall be so construed as to
prevent the proper authorities from placing such poles and wires in
the streets when they shall deem it necessary or advisable so to do.
[Ord. No. 2015-13, 12-8-2015]
It shall be unlawful for any person to willfully or knowingly
obstruct any public street, alley or highway by throwing or depositing
brush, trees or bushes thereon or on the sides of ditches thereof,
or by fencing across or upon the right-of-way thereof, or by depositing
or leaving goods or chattels thereon, or to obstruct any street, alley
or highway in any manner whatsoever.
[Ord. No. 2015-13, 12-8-2015]
The Public Works Department is authorized, with the approval
of the Board of Aldermen, to close any street, alley, public place
or highway and withdraw it from public use temporarily and during
such period as work on such street, alley or public place shall make
such action necessary. No person shall use or attempt to use such
street, alley or public place or highway withdrawn from public use,
or drive or attempt to drive any animal or vehicle on such street,
alley or public place.