[Adopted 4-18-1995 by Ord. No. 101]
It shall be unlawful for any person to place or cause to be placed any encroachment or obstruction upon any sidewalk, street, alley, lane, or public grounds within the City, which shall in any manner prevent or obstruct the full and free passage of the whole or any part thereof.
A. 
It shall be unlawful for any person to place or cause to be placed any material for building purposes upon any sidewalk, street, alley, lane, or public grounds within the City; provided, however, that the City Manager and/or the City Council are authorized to grant permission in writing to place and keep building materials in any of the places mentioned as aforesaid. Any such permission shall not extend to a period beyond four months from the time of granting the same, and said materials shall be stored in a neat and orderly fashion, and if such materials are the waste product of construction they shall be stored in a suitable container; provided further, that such permission shall not authorize the obstruction of any sidewalk or crosswalk, and no more than 1/2 the driveway opposite any lot.
B. 
Any such permission may be revoked by the Manager and/or Council if said materials accumulate beyond a reasonable amount, or if said person shall refuse, neglect, or fail to observe the limits and conditions prescribed in this section. Any person to whom such permission is granted, as aforesaid, shall cause all building materials and rubbish arising from same to be removed at or before the time limited by this section.
It shall be unlawful for any person to obstruct with any sand, gravel, dirt, rubbish, filth, leaves, limbs, or other substances, or to build a structure restricting the free flow thereof, any sluice, gutter, ditch, ravine, or watercourse in the City on, in front of, or adjoining any lot or premises owned or occupied by such person.
[Amended 12-17-2018 by Ord. No. 234]
A. 
Unless otherwise provided in this section, no person, who shall be the owner of any lot or premises in the City, or who shall be in possession of such lot or premises, shall for the space of 24 hours permit any snow, ice, or other obstruction to remain upon the sidewalk in front of or adjoining such lot or premises.
B. 
Due to significant municipal investment in landscaping and streetscaping along Whittaker Street from East Buffalo Street to East Water Street and the City's unique financial, asset preservation, and beautification interests in protecting said area as a destination commonly known as the North Whittaker Street Business District, a Snow and Ice Clearance District is hereby established encompassing the right-of-way and sidewalk bounded on the attached map.[1] No person shall clear snow and ice on the sidewalk and right-of-way in front of or adjoining a lot located in the Snow and Ice Clearance District, which clearing will hereafter be performed by the City. By establishment of this Snow and Ice Clearance District the City does not waive any defenses or immunities available at law.
[1]
Editor's Note: Said map is on file in the City offices.
No person shall construct or place any sign or awning across a sidewalk, street, avenue, alley, public thoroughfare, or other right-of-way or upon any part thereof, supported by any one or more posts placed on any sidewalk or outside of same in any street, avenue, alley, public thoroughfare, or other right-of-way in the City.
[Amended 7-7-2009 by Ord. No. 185; 12-19-2012 by Ord. No. 199]
A. 
Trees on personal property overhanging a right-of-way; danger of falling. The owner of any lot or parcel of property within the City shall be responsible for all trees upon their property, and shall remove, or cause to be removed, any tree or limb which, due to age, illness, or other damage, poses a distinct threat of falling or collapsing onto an improved right-of-way. The City Manager or designated personnel shall make the final determination as to whether or not any tree poses such a threat.
B. 
Landscaping, shrubs or trees on personal property overhanging a right-of-way; obstruction. The owner of any lot or parcel of property fronting any improved right-of-way within the City shall trim, or cause to be trimmed, the branches from all trees and shrubs upon their property overhanging the street and sidewalk so as to leave a clear height of eight feet above surface of the sidewalk and surface of the street unobstructed by branches of such trees and shrubs.
C. 
Elective planting and removing landscaping, shrubs or trees in a right-of-way. It shall be unlawful for any party to plant or remove any tree or shrub in a right-of-way except in compliance with this Ordinance.
1. 
The City, or a contractor performing work approved by the City, may plant or remove trees and shrubs in the right-of-way at the discretion of the City Manager or designated personnel, in accordance with the "Landscaping, Shrub and Tree Planting and Removal Policy," which may be established from time to time by the City Council.
2. 
No person shall plant or remove any landscaping, shrub or tree in the right-of-way without written permission to do so. Such permit shall be issued by the City Manager or designated personnel. The planting and removing of landscaping, shrubs or trees in the right-of-way shall be in accordance with the" Landscaping, Shrub and Tree Planting and Removal Policy," which may be established from time to time by the City Council. The cost of said planting or removing shall be borne by the person who obtained the permit.
D. 
Responsibility for disposal of debris from private tree and shrub removal.
1. 
The owner of any lot or parcel of property within the City shall remove or cause to be removed debris from a tree or shrub when the tree or shrub from said lot or parcel is being removed in-whole, or a substantial part thereof. It is not the intention of this Ordinance that the City serve as a tree service to dispose of tree debris relating to the removal of trees and shrubs from private property.
2. 
Debris from a tree or shrub left on a right-of-way from a tree or shrub which is being removed in-whole, or a substantial part thereof, shall not be in conformance with the "Yard Waste Collection Policy" of the City.
E. 
Penalties. The owner (as shown on the Assessor's records) of private property subject to this chapter is responsible for compliance. Each violation of this chapter shall be a civil infraction punishable by a civil fine as provided in Section 1-6 of the City Code of Ordinances, plus costs and all other remedies available pursuant to the City Code of Ordinances or by statute. Each day of violation shall be a separate violation. Subject to the provisions of Chapter 2, Administration, of the City Code of Ordinances, failure to timely pay the civil fine as provided herein shall result in a civil action by the City in a court of competent jurisdiction. Should the City receive a judgment and should the judgment not be satisfied within 60 days of service upon the defendant, the City may, upon 30 days' written notice, submit a copy of said judgment to both the City Treasurer and County Treasurer for said costs to be added to the tax bill of the defendant. The cost of enforcement and prosecution shall be the actual amount of attorney fees and costs of enforcement. An itemized bill of fees and costs given under oath shall be prima facie evidence of the attorney fees and costs.
[Amended 12-24-2002 by Ord. No. 138; 3-16-2005 by Ord. No. 148; 11-21-2012 by Ord. No. 189]
A. 
Each owner of property on a public street within the City of New Buffalo is required to construct a sidewalk in accordance with the specifications of the City of New Buffalo if any of the following conditions exist:
[Amended 10-17-2022 by Ord. No. 257]
1. 
The owner of a vacant lot or parcel applies for a building permit to build a 100% new structure.
2. 
The owner of a lot or parcel applies for a building permit to build an addition to a main structure, if said proposed construction is to comprise more than 30% of the floor area of the building, as it existed prior to the construction permit.
3. 
The owner of a lot or parcel applies for a permit to repair any damage to a structure, if said proposed construction is to comprise more than 30% of the floor area of the building, as it existed prior to the damage. The Building Official shall determine the percentage of damage.
4. 
The owner of a lot or parcel applies for a permit to renovate a structure, if said proposed construction is to comprise more than 30% of the floor area of the building, as it existed prior to the permit.
B. 
An appeal by the owner of property on a public street required to construct a sidewalk may be made to the City Council if a sidewalk cannot be built due to topography, unusual expense, or other documented problem which will preclude sidewalk construction. Said appeal will be made to the Building Official who shall report the appeal and his recommendation to the City Council. The City Council shall then grant or deny the appeal.
In addition to the penalties prescribed in Section 1-6 of this Code, if any person shall refuse, neglect, or fail to comply with the requirements of Section 18-1, 18-2, 18-3, 18-4, 18-5, or 18-6 of this chapter, it shall be the duty of the City Manager, upon receiving notice from the Ordinance Enforcement Officer of such refusal, neglect, or failure, to remove and/or abate, or cause to be abated and/or removed, the specific offense, whether or not the property owner, possessor, or occupant of such premises has been notified by the Ordinance Enforcement Officer, Chief of Police, or any police officer as to the unlawfulness of such offense. The City Manager shall also keep an account of the expense thereof, and bill the property owner or possessor of the lot or parcel for the abatement and/or removal specific offense. If the property owner or possessor does not pay the bill within 30 days of the date of mailing of such bill by regular mail, the City Manager shall submit the expense, adding to the same 10%, to the City Assessor to be collected as a special assessment or lien thereon.