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.
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. 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.
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.