[R.O. 1985 § 24-1; Ord. No. 302, §§ 1 – 3, 5-15-1956; Code 1965, § 9.21]
The following standards shall be observed by the Public Works Department, developers and subdividers, and by the Planning and Zoning Commission, in the approval of subdivision plats: All street pavements in the City shall be thirty (30) feet wide unless, after a hearing and consideration of all the facts, the Board of Aldermen determines that a pavement less than thirty (30) feet wide will be sufficient to handle the traffic in a satisfactory manner; in which event, a special permit authorizing a pavement less than thirty (30) feet wide may be granted by the Board of Aldermen.
[R.O. 1985 § 24-2; Code 1965, § 9.22; Ord. No. 1217, § 1, 7-28-1970]
(a) 
Generally. All public streets, sidewalks, curbs, alleys and ways in the City shall be constructed according to standard specifications to be prepared by the Director of Public Works, conforming as nearly as possible to the design criteria specifications used by the county.
(b) 
Driveways; Culverts. Driveway entrances extending into the right-of-way of a public street, alley or way or crossing any sidewalk or requiring a curb cut or the location and installation of a culvert in or adjacent to the right-of-way must be built according to plans and specifications to be approved by the Director of Public Works.
(c) 
Private Streets.
(1) 
Private streets and sidewalks which are constructed and surfaced by the property owners preliminary to the dedication of the streets as public thoroughfares shall be built to the same specifications as required in the case of public streets and sidewalks.
(2) 
Private streets which must be used by the police and Fire Departments of the City must be maintained so as not to constitute a threat of injury to City personnel or damage to City equipment. When in the opinion of the Director of Public Works a private street constitutes such a threat to City personnel or City equipment, the Director of Public Works shall give the owners of said private street one (1) month's notice to correct said condition stating what corrective steps must be taken. If, at the end of said month, said property owners have failed to commence said repairs or have neglected or refused to make said repairs, they shall be prosecuted in a like manner as with other ordinance violators as provided in this Code.
(3) 
The Director of Public Works, in determining what constitutes a threat to City personnel or City equipment, shall consider breaks in pavement, inadequate drainage, chuck holes, uneven surfaces varying more than four (4) inches in elevation in four (4) lineal feet of horizontal distance, and inadequate base material private roads must have an adequate base course and surface to support all City vehicles under saturated ground conditions without settlement of the road. The surface of any private street must have a minimum width of ten (10) feet with sufficient radii at intersections to permit access by City equipment without reversing directions in negotiating the turns. The Director of Public Works may specify any additional reasonable requirements in order to protect City employees and equipment from injury and damage due to the use of said private streets.
[R.O. 1985 § 24-3; Ord. No. 444, §§ 4 – 7, 9, 10, 6-3-1958; Code 1965; § 9.23]
(a) 
Notice to Director. No construction work, except grading, shall commence on any of the streets, sidewalks, curbs, ways, alleys or driveway entrances referred to in Section 24-2, nor shall any curb on any public street be cut until at least forty-eight (48) hours' notice of intention to commence work is given to the Director of Public Works by the owners, developers or contractors.
(b) 
Escrow Deposit. Before any work shall commence on any such streets, sidewalks, curbs, ways, alleys or driveway entrances or before any such curb is cut, the owners, contractors or developers shall deposit with the Director of Public Works an amount as determined by the Director of Public Works.
(c) 
Inspection. The Director of Public Works shall cause a qualified inspector to be present during the construction of such streets, sidewalks, curbs, ways, alleys or driveway entrances, and the Director of Public Works or the inspector on the job shall have authority to condemn any material not meeting the standards specified by the Director of Public Works. If any portion of the street fails to meet the minimum requirements in the Director of Public Works' specifications, the Director of Public Works or inspector on the job shall cause all work on the street or other streets in the subdivision to be stopped until the unsatisfactory conditions are remedied.
(d) 
Removal Of Substandard Work. If any portion of any street, sidewalk, curb, way, alley or driveway entrance is constructed contrary to the provisions of this Section, in the absence of the Director of Public Works or inspector, the latter may order the installed material removed unless the contractor, builder or developer shall cause borings and other tests at his/her expense, according to the requirements of the Director of Public Works and satisfying him/her that the work done is in conformity with the applicable specifications.
(e) 
Liability. The owner, developer and contractor shall be jointly and severally responsible for all notices required hereunder, for the payment of the inspection fees provided for and for failure to have an inspector present or for failing to comply with any lawful order of the Director of Public Works or inspector.
[1]
Editor's Note: Former §§ 24-4 – 24-6, which pertained to excavations in streets and derived from Ord. No. 23, adopted 12-27-1949, as amended, were repealed 9-10-2002 by Ord. No. 3746.
[R.O. 1985 § 24-7; Ord. No. 23, § 13, 12-27-1949; Code 1965, § 9.15]
It shall be unlawful for any person to cause or permit to be placed, thrown or to leak or spill from a vehicle or otherwise upon the pavement or surface of any street, sidewalk, alley or public place any liquid asphalt or substance, liquid or material which might thereby be calculated to endanger, impede or inconvenience the movement of vehicles or pedestrians or render the surface of such street, sidewalk, alley or public place rough or uneven.
[R.O. 1985 § 24-8; Ord. No. 23, § 25, 12-27-1949; Code 1965, § 9.19]
No person shall destroy, remove or interfere with the use of streets, pavements, shoulders, ditches, curbs or sidewalks, or cause or permit undue erosion of abutting, adjoining or nearby shoulders or ditches by casting upon them or in them an unnatural flow of surface or drain water.
[R.O. 1985 § 24-9; Ord. No. 23, §§ 9 – 11, 12-27-1949; Code 1965, § 9.13]
It shall be unlawful for any person to obstruct or occupy with building materials or equipment, dirt piles, articles or materials of any kind which prevent free passage or use by the public, more than one half (1/2) of any sidewalk or more than one third (1/3) of any public roadway, or to in any manner obstruct the free passage of water in any gutter, drain or alley with such materials or articles.
[R.O. 1985 § 24-10; Code 1965, § 9.03; Ord. No. 1215, § 1, 7-28-1970; Ord. No. 3376, §§ 1, 2, 9-12-1995]
(a) 
No person shall deposit or permit to remain on any highway, street, alley, sidewalk, parkway or other public place, except by street use permit as provided in this Chapter, any building material or equipment, rubbish, coal, debris, dirt piles, materials of any kind, chattels or property which might obstruct the free use thereof, or hinder vehicular or pedestrian traffic. In case of necessity, an obstruction may be so placed if the person so doing removes the same without unnecessary delay and if such person places lighted barricades around such obstruction in conformance with the manual of uniform traffic control devices.
(b) 
(Reserved)
[1]
Editor's Note: R.O. 1985 §§ 24-11, Impounding obstructing materials, and 24-12, Redeeming impounded materials, adopted by Ord. No. 48, were repealed by the City during the 2024 recodification project.
[2]
Editor's Note: R.O. 1985 § 24-13, Railroad cars obstructing street, adopted by Ord. No. 113, was repealed by the City during the 2024 recodification project.
[R.O. 1985 § 24-14; Ord. No. 3565, §§ 1 – 3, 6-8-1999]
(a) 
Responsibility Of Owner. It shall be the responsibility of the owner of the property on which there is located any hedge, shrub, plant, tree, other growth or any object obstructing vision which does not conform with the provisions of Sections 26-17B.6 and 26-21B to remove or prune same in order to comply with such provisions.
(b) 
Authority To Prune Or Remove. The Department of Public Works shall have the authority to order the pruning or removal of any hedge, shrub, plant, tree, other growth or any object obstructing vision which does not conform with the provisions of Sections 26-17B.6 and 26-21B.
(1) 
Such order shall be in writing and served upon the property owner by any of the following methods:
a. 
By personal delivery to the property owner;
b. 
By mailing a copy of the order to the owner of the property, using the most recent address of the owner as shown on the records of the office of the county assessor;
c. 
If the property owner cannot be located for service by any of the means specified above, a copy of the order shall be posted on the property.
(2) 
The order shall set out a time limit for compliance, which shall not be earlier than thirty (30) days from the date of the order; provided, however, that, if in the opinion of the Director of Public Works, the condition creates a hazard which presents a danger to persons or property, said time limit may be shortened as determined to be necessary by the Director of Public Works.
(3) 
When a property owner to whom an order is directed fails to comply within the time specified in the order, the Department of Public Works shall cause the condition to be remedied.
[1]
Editor's Note: Former § 24-15, which pertained to obstruction of views at intersections and was derived from Ord. No. 64, adopted 2-13-1951, was repealed 9-12-1995 by Ord. No. 3376.
[R.O. 1985 § 24-16; Ord. No. 23, §§ 16 – 20, 12-27-1949; Code 1965, § 9.09]
(a) 
Report Of Encroachment. Whenever it shall come to the notice of the Director of Public Works that any street, alley, sidewalk, parkway or other public place which has been dedicated or established according to law is in any manner obstructed or encroached upon, he or she shall present the matter to the Board of Aldermen and accompany such notice by a plat showing the location and extent of such obstruction and encroachment. Any such encroachment or obstruction is hereby declared to be a nuisance.
(b) 
Order To Remove. The Board of Aldermen upon receiving notice that such encroachment or obstruction exists may order the same removed and may instruct the City Attorney to prepare a written order for the removal of same, which order shall be signed by the Mayor and the City Attorney, and directed to the Chief of Police.
(c) 
Notice To Owner. Upon receipt of any order so signed, the Chief of Police shall give to the record owner of the property fronting or abutting upon such encroachment or obstruction (and also to the occupant or occupants, if any are found thereon), at least five (5) days' notice in writing to the effect that if said encroachment or obstruction is not removed by the time mentioned in the notice, the same will be removed by him/her at the cost and expense of said owner and that a special tax bill will be issued therefor. If after diligent search and inquiry, the Chief of Police is unable to find the record owner of said property, he or she shall immediately serve such notice by publication in at least one (1) issue of some newspaper published in the City, which notice shall be directed to all owners of said property who are known to the Chief of Police and shall contain a description of the property belonging to the owners who are absent or unknown.
(d) 
Removal By City. If upon the expiration of the time mentioned in the notice, the obstruction or encroachment is not removed, the Chief of Police shall proceed to remove the same, and the expense of such removal shall be advanced from the general revenue fund of the City.
(e) 
Tax Bill Against Property. As soon as the entire expense incident to such notice and removal has been ascertained, an itemized account of the same shall be filed by the Chief of Police with the City Clerk; the entire cost thereof shall be assessed by the Board of Aldermen by ordinance in favor of the City and against the property fronting and abutting upon such encroachment or obstruction, pro-rata, and special tax bills shall be issued therefor by the City Clerk for collection in all respects as provided in case of sidewalk construction.
[R.O. 1985 § 24-17; Ord. No. 23, § 22, 12-27-1949; Code 1965, § 9.10]
It shall be unlawful for any person to injure or damage any sidewalk, curb, gutter, parkway, public place, tree, pole, post, light standard or fixture, sign, property or fire plug on any public street or alley, by driving a vehicle upon, against or over or by cutting, breaking or otherwise damaging the same.
[R.O. 1985 § 24-18; Code 1965, § 9.47; Ord. No. 1033, § 1, 2-13-1968]
(a) 
At least twenty (20) days prior to the use of any street in the City by trucks, hauling or grading equipment or highway construction vehicles, engaged in constructing streets, highways or structures in the City or in adjacent municipalities or in that portion of the unincorporated area of the county which requires the use of the streets of the City during the course of construction, the contractor in charge shall make a written report to the Director of Public Works of this City, specifying the kind and description of trucks or hauling or grading equipment or highway construction vehicles, and the loaded and unloaded weight of trucks and hauling equipment, and the number of each and the length of time they will be required to use the streets of this City. The contractor shall furnish the Director of Public Works with all other information required by him/her to estimate or determine the amount of wear and tear or damage, if any, that may be caused to streets by such usage. Before construction actually commenced or while the work on the streets is in progress, the Director of Public Works may require any contractor or subcontractor to post surety bond or insurance with the City to guarantee the City for compensation for any damage to streets, curbs, sidewalks or public facilities.
(b) 
Routes. The Director of Public Works shall, at least five (5) days before the commencement of work and usage of the streets of the City, notify the contractor of the route or routes to be used by such trucks and equipment and issue a permit for such uses; and the contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes designated by the Director of Public Works. In the event of any emergency requiring a change in route or routes, or if the Director of Public Works finds or determines that any route or routes so designated are not safe or that excessive damage is being caused to any street or streets in the City by such usage, or if he or she finds the welfare of the City so requires, he or she may, upon three (3) days' notice to the contractor in writing, designate an alternate route or routes, and it shall thereupon be the duty of the contractor to see that the trucks or equipment use only the alternate route or routes so designated by the Director of Public Works.
[R.O. 1985 § 24-19; Code 1965, § 9.48; Ord. No. 1033, § 1, 2-13-1968]
(a) 
Photographs. It shall be the duty of the Director of Public Works, immediately prior to the time of designating the route or routes or alternate route or routes as provided in Section 24-18, to examine the condition of the streets to be used and to take photographs of the streets, showing the condition of the pavement, curbs, sidewalks and other physical features, which shall be dated and a memorandum made of the location shown by each photograph. Within five (5) days after termination of the use of the streets as herein provided, it shall be the duty of the Director of Public Works to have additional photographs made and proper descriptive matter included therewith.
(b) 
Inspection. In addition to the taking of photographs before and after construction, the Director of Public Works shall cause a thorough inspection to be made of the condition of the pavement of the streets designated and used under the permit, as well as the curbs and sidewalks, and shall make written reports of his/her findings, including with his/her report after termination of the work, his/her estimate of the cost of restoring the street to its original condition as well as any curbs or sidewalks.
[R.O. 1985 § 24-20; Code 1965, § 9.49; Ord. No. 1033, § 1, 2-13-1968]
At the time the Director of Public Works designates the route or routes to be used as provided in Sections 24-18 and 24-19, he or she shall notify the contractor that the City will hold the contractor liable for unusual wear and tear or damage to the streets, curbs and sidewalks resulting from such usage, and that acceptance of the route or routes by the contractor shall constitute an agreement on his/her part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within thirty (30) days after termination of the contractor's usage of said route or routes under the Director of Public Works' permit, the contractor shall negotiate with the Director of Public Works for payment to the City of an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition; and the Director of Public Works, at the next meeting of the Board of Aldermen occurring after said thirty-day period, shall report the status of such negotiations to the Board of Aldermen with his/her recommendations. The Board of Aldermen shall determine whether any tentative agreement for the settlement claimed shall be accepted, and if the Director of Public Works and the contractor are unable to reach any agreement the matter shall be referred to the City Attorney for further negotiations or litigations as may be found advisable or necessary.
[R.O. 1985 § 24-21; Ord. No. 23, § 4, 12-27-1949; Code 1965, §§ 9.11, 9.50; Ord. No. 1033, § 1, 2-13-1968]
(a) 
If during the course of construction as provided for in this Chapter it shall become necessary for the completion of the work or for the safety or protection of the public to close off any street, way, alley or place of the City, the contractor in charge of the work shall notify the Director of Public Works, who shall, upon approval, issue a permit for the closing of the street for such time as may be required, and shall see that the proper barriers, warning notices and necessary traffic direction signs are posted for the protection and convenience of the public.
(b) 
When any defect or obstruction exists in any street, alley, bridge, sidewalk, parkway or other public place which cannot be at once repaired, removed or corrected and which might result in injury to any person or property on or using the same, or when any street, alley, bridge, sidewalk, parkway or other public place or part thereof is out of condition for use by reason of its being under construction, reconstruction, resurfacing or repair or any other cause whatever, it shall be the duty of the Director of Public Works to see that said street, alley, bridge, sidewalk, parkway or public place, or part thereof at which such defect or obstruction exists, or which is out of condition for use from any cause, shall be at once closed off by adequate barricades, and shall see that warning signs are placed on or around said barricades of sufficient size in the day time and sufficient lanterns or other lights at night to warn the public of the existence of such defect, obstruction or bad condition so as to avert injury to persons and property. The Director of Public Works shall notify the Police Department of any such condition and may request the Chief of Police to furnish police protection if the situation shall so warrant.
[R.O. 1985 § 24-22; Ord. No. 42, § 9, 5-23-1950; Code 1965, § 4.15]
The Director of Public Works may close off streets, alleys, bridges, sidewalks, parkways, lawns or public places where their condition may result in injury to person or property. During the progress of work thereon, he or she shall erect proper barricades, warning signs and lights. He or she shall employ such help as may be necessary and as authorized by the Board of Aldermen. He or she shall make regular reports to the Board and attend the regular meetings thereof and special meetings when requested to do so. He or she shall report on the work of his/her Department, its financial condition and other matters pertaining to the performance of his/her duties.
[R.O. 1985 § 24-23; Ord. No. 23, § 15, 12-27-1949; Code 1965, § 9.12]
It shall be unlawful for any person to use any street which has been withdrawn from use by the public or to drive or attempt to drive any vehicle thereon, or to remove or destroy any barricade, warning light or sign placed upon said street or around or upon any obstruction or defect thereon as a protection or warning to the public.
[R.O. 1985 § 24-24]
Where construction covered by this Chapter is under way adjacent to any public street which has not been closed to traffic, the contractor shall provide ample lighting and sufficient barriers and caution signs to warn the public using the enclosed street and to protect the public from injury to person or property.
[R.O. 1985 § 24-25; Code 1965, § 9.51; Ord. No. 1033, § 1, 2-13-1968]
(a) 
The route or routes designated by the Director of Public Works for use by trucks and heavy equipment may be used for such purposes on week days and Saturdays between the hours of 7:00 a.m. and 7:00 p.m. and at no other time; unless in case of emergency or in the interests of the general welfare of the City and its inhabitants the Board of Aldermen, upon proper application, grants a special permit authorizing the use of the streets by such trucks and heavy equipment at other times than as herein specified.
(b) 
Hours of construction. Street construction of the nature described in this Chapter shall commence no earlier than 7:00 a.m. and shall be discontinued no later than 7:00 p.m., unless in case of emergency a special permit is granted by the Board of Aldermen authorizing work between 7:00 p.m. and 7:00 a.m.
(c) 
Streets Kept Clean. It is hereby made the duty of all persons operating trucks and other vehicles upon the streets of this City under the provisions of the chapter, to remove dirt and mud from the wheels of all vehicles before entering upon any public or private street of this City. It shall be unlawful for any person to permit any vehicle to enter upon such streets with dirt or mud on the wheels which is liable to be dispersed over any public or private street, and it shall be unlawful for any driver of a vehicle to permit the vehicle he or she is operating to enter upon any public or private street of the City without removing, or having had removed, dirt and mud from the wheels of such vehicle prior to entry. When dirt, mud, waste material, refuse or other substance is loaded on any vehicle which operates on the streets of this City, the same shall be loaded in such manner that no portion thereof shall be spilled, or be liable to be spilled, on the streets of the City. It shall be unlawful for any person to permit any vehicle operated by him/her to enter upon the streets of this City loaded in violation of this Chapter, and it shall be unlawful for any driver to operate a vehicle on the streets of the City which is loaded in such manner that it spills, or is liable to spill, on such streets. When necessary to prevent spillage on streets the material shall be covered by tarpaulin or other material in such manner as to effectively prevent dirt, waste, refuse, mud or other substances from being spilled, blown or knocked from the vehicle onto the streets of the City.
(d) 
Inspection Of Streets. The Director of Public Works shall inspect the streets used by persons covered by the provisions of this Chapter at regular intervals, and where, after all proper precautions have been taken, the usage of the street has caused mud, dirt, waste, refuse or other substances to be spilled or deposited on the streets of this City, the Director of Public Works shall notify the contractor or other person responsible therefor and it shall be the duty of such contractor or other person to clean the street or streets affected within twenty-four (24) hours after receipt of notice from the Director of Public Works; and upon termination of the work requiring usage of the City street, if the streets are left in an unsatisfactory condition as a result of such usage, the contractor or other person shall sweep, clean and wash down the streets used within two (2) days after receipt of notice to do so from the Director of Public Works.
[R.O. 1985 § 24-26; Ord. No. 526, § 1, 6-9-1959; Code 1965, § 9.20]
The Director of Public Works shall erect, maintain and replace as necessary street signs at all intersections in the City in accordance with the manual on uniform traffic-control devices.
[R.O. 1985 § 24-27; Code 1965, § 9.52; Ord. No. 1033, § 1, 2-13-1968]
(a) 
So far as applicable, all other provisions of this Code shall apply to the use of streets under the permit issued by the Director of Public Works as provided in this Article.
(b) 
It shall be the duty of all contractors and other persons engaging in construction of any street, road, highway in or through the City to comply with all of the provisions of this Code.
(c) 
The provisions of this Chapter shall apply to all incidental work in connection with the construction of streets, such as work on non-access areas, parkways, overpasses, underpasses, right-of-way fences, interchanges and other facilities.
[R.O. 1985 § 24-28; Code 1965, § 9.53; Ord. No. 1033, § 1, 2-13-1968]
Demolition of buildings, in the course of or preliminary to construction of any street or highway, shall be in compliance with the building code and conducted to protect adjacent homes and property from damage, and to minimize the hindering of the flow of traffic or pedestrian use of adjacent streets and sidewalks. If the use of adjacent streets and sidewalks is required for the demolition of any building, the contractor shall establish adequate measures for the protection of the general public, including barriers and warning lights about the area. Such use of streets or sidewalks shall be limited to as short a period of time as possible under all the circumstances. No use of any street, road or public place shall occur without a permit from the Director of Public Works, which permit shall be revocable without cause. All excavations by demolition of building shall be filled to ground level and shall not be allowed to remain uncovered and unfilled for a period exceeding fourteen (14) days after the completion of the demolition of the above ground structure of the building.
[R.O. 1985 § 24-29; Ord. No. 4011,[1] § 1, 10-24-2006]
City right-of-way may be vacated by the Board of Aldermen through proceedings either initiated by adjacent property owners, City staff or the Board of Aldermen. Vacation procedures shall be in accordance with the City's policy pertaining to the vacation procedures for public streets, alleys, or easements in the City of Crestwood, as approved by the Board of Aldermen and as may be amended from time to time.
[1]
Editor's Note: This ordinance also provided for the repeal of former §§ 24-29 through 24-31, which pertained to vacating streets and were derived from Ord. No. 619, adopted 10-18-1960.
[R.O. 1985 § 24-32; Ord. No. 23, §§ 49, 50, 12-27-1949; Code 1965, § 9.41]
(a) 
Generally. No person shall erect any pole, or string any wire or lay any conduits in the streets or public places of this City, for telegraph, telephone or electric power purposes, without a permit from the Director of Public Works or a contract with the City.
(b) 
Application; Plat. Any person desiring to permit to erect any such poles and wires shall file an application with the Director of Public Works accompanied with a plat upon a suitable scale, showing the route of their proposed line or lines, the name of the streets to be occupied, the number of the block and the location of each pole. Upon filing of such application and plat, if the erection of such poles and wires will not interfere with the rights of the public or be contrary to the provisions of this Code, the Director of Public Works may grant the permit.
[R.O. 1985 § 24-33; Ord. No. 23, § 51, 12-27-1949; Code 1965, § 9.42]
The Board of Aldermen and the Chief of Police, after giving five (5) days' written notice to all persons interested, shall have the right to direct any alteration in the location of poles and the height at which wires and guy wires may be run, erected or maintained in any street or public place; and if any such alteration is ordered, any person who has erected or is maintaining the poles or wires shall complete the same without unnecessary delay.
[R.O. 1985 § 24-34; Ord. No. 23, § 52, 12-27-1949; Code 1965, § 9.43]
All poles erected or maintained in any street or public place shall be sound, not less than thirty (30) feet in length, planted not less than five (5) feet in the ground, not less than five (5) inches in diameter at the upper end, shall be straight, shapely, of uniform size, neatly dressed and shall not be placed so as to obstruct the drainage of the streets or alleys, or to interfere with or damage the curbs, gutters, water lines, gas pipes, streets, alleys, driveways, trees or other public or private property on the line of any street or alley. Poles shall be placed between the curb and sidewalk. Wires and guy wires, tubes or cables carrying electric currents, shall be strung on such poles not less than twenty (20) feet above the surface of the ground.
[R.O. 1985 § 24-35; Ord. No. 23, §§ 53, 54, 12-27-1949; Code 1965, § 9.44]
(a) 
Trees. No person, for the purpose of placing or maintaining wires, lines or poles, or for any other purpose connected with the construction and maintenance of telegraph, telephone or electric lines, shall climb any trees by the use of spurs or any instrument which shall pierce the tree, or in any way injure, cut, trim, deface or destroy any trees or in the branch of any tree or any shrub or plant, or fixture, or ornament, or utility, in any street or public place, or attach any crossbar or other fixture to such tree, without a written permit from the Director of Public Works. All such work shall be done under the direction, supervision and control of the Director or other person designated for that purpose.
(b) 
Restoration Of Pavement. Wherever any street, alley, sidewalk, curb or gutter is disturbed or injured in the erection of any pole in any street or public place, the owner of such pole on the completion of the work shall immediately restore and repair such street, alley, sidewalk, curb or gutter to the satisfaction of the Director of Public Works.
[R.O. 1985 § 24-36; Ord. No. 23, §§ 55, 57, 12-27-1949; Code 1965, § 9.45]
(a) 
Consent To Use Poles. In case any person authorized to do business in this City desires to place along or across any of the streets or public places of the City, wires, tubes or cable conveying electric power, he or she shall file with the Board of Aldermen the written consent of any other telegraph or telephone company to the placing of such wires, tubes or cables upon its poles. The Board of Aldermen, at its discretion, may authorize the Director of Public Works to issue a permit for such occupancy of the poles with such regulations and qualifications as may be prescribed by the Board.
(b) 
Right Of The City To Use Crossarm. Every person erecting or maintaining telephone or electrical wires, poles, tubes or cables, on the streets or public places of the City as compensation in part for the use of such streets or public places, shall, within twenty (20) days after written notice signed by the Director of Public Works, provide and furnish free of charge space on one (1) crossarm or other appliances suitable for the purpose on each pole erected in the City for the use of the City for the City's electric wires, its fire alarm, telegraph or police signal wires. If such person refuses to furnish such space on such crossarm, his/her permit shall be revoked and cancelled.
[1]
Editor's Note: R.O. 1985 § 24-37, Posting bills on poles, was relocated to Ch. 16, Art. I, § 16-33 by the City during the 2024 recodification project.
[R.O. 1985 § 24-38; Ord. No. 23, §§ 61 – 65, 12-27-1949; Code 1965, § 9.46]
(a) 
Issuance; Record. Whenever the Board of Aldermen shall assess special taxes against any lot for making or repairing sidewalks and sidewalk curbing, for paving, macadamizing, curbing or guttering any street or alley or repairing the same or for any cost of expense incurred by the City for a public purpose and chargeable by tax bill, the City Clerk/Collector shall make out a separate special tax bill against each lot assessed showing the name of the owner, the description of the lot assessed, the date and amount of the tax bill, the purpose for which it was issued, the contractor or City in whose favor same was issued, the number of the ordinance authorizing the issuance of the bill and the rate of interest the tax bill bears. The City Clerk shall record each tax bill in a special book provided for that purpose and kept by him/her in his/her office. The tax bills shall be signed and certified as correct by the Mayor, countersigned by the City Clerk and the seal of the City impressed thereon.
(b) 
Delivery. If the work of improvement was done by contract, the tax bills when issued thereof and recorded shall be delivered to the contractor who did the work, and if the work was done by the City, the special tax bills shall be delivered to the City Clerk, who shall charge him/her therewith.
(c) 
Lien; Interest. The Board of Aldermen may direct suit to be brought on all unpaid tax bills due the City. All special tax bills shall be assignable and collectible in any action brought in the name of the City for the use of the holder thereof, but the City shall not in any event be liable for any cost that may accrue in such action. Such special tax bills shall, in any action thereon, be prima facie evidence of the regularity of the proceedings for such special assessment of the validity of the bill, of the doing of the work and the furnishings of the materials charged therefor and of the liability of the property to the charge stated in the bill.
(d) 
Payment. Any person desiring to pay a special tax bill may pay the same to the City Clerk, who shall make out duplicate reports therefor, one (1) of which shall be delivered to the person paying the tax bill and the other shall be filed by the City Clerk. If the tax bill so paid is due to the City, the amount so collected shall be turned over to the City Finance Officer to the credit of the general revenue fund. If the tax bill is not due the City, the City Clerk shall pay the amount to the owner or holder of the tax bill on presentation of the same to him or her.
(e) 
Satisfaction. When any tax bill has been paid and presented to the City Clerk, or when the City Clerk has filed a copy of the duplicate payment report herein provided for, the City Clerk shall note on the record the satisfaction of such tax bill and the date of such satisfaction, and thereafter such tax bill shall be considered as cancelled.
[R.O. 1985 § 24-39; Ord. No. 1952, §§ 1 – 3, 1-24-1984; Ord. No. 3133, § 1, 9-26-1989; Ord. No. 3435, § 1, 11-26-1996; Ord. No. 3742, §§ 1 – 4, 8-27-2002]
(a) 
Plan. A City-wide plan for residential streetlighting is hereby established, employing the following criteria, in descending order of priority, for determining the approximate location of all future light installations:
(1) 
Lights shall be located only at:
a. 
Street intersections;
b. 
Low visibility curves;
c. 
Culs-de-sac; and
d. 
"Middle of the block" locations, where the distance between lights located by any of the above criteria is three hundred (300) feet or more.
(2) 
Areas of the City in which the safety of persons or property is threatened, the volume of vehicular traffic increases drastically or the enhancement of neighborhoods will benefit the cultural or commercial interests of the City, shall be given priority for lighting installations, in conformity with the above criteria, over less critical areas and streets.
(3) 
There shall be prepared and maintained in up-to-date form by the Department of Public Works a City map showing by distinctive markings the exact location of existing streetlighting and the approximate location of all future streetlights in conformity with the above criteria. The City map shall be maintained at the Department of Public Works annex on Pardee Lane or such other place or places as designated by the Director of Public Works.
(b) 
Petition; Approval. A standardized, administrative procedure for the petition and approval of new streetlighting is hereby established. The procedure shall follow the following steps:
[Ord. No. 5296, 9-13-2022]
(1) 
New residential streetlighting shall be initiated by citizen petition or by the Director of Public Works.
(2) 
The Department of Public Works shall discuss with those citizens initiating a streetlight petition, potential locations for street lights in the area involved or, if initiated by the Director of Public Works, shall independently determine potential locations.
(3) 
Once a potential location has been initially determined, the Department of Public Works will meet with representatives of the power company to determine the best location of the streetlight. An estimate of cost will be prepared by the Department of Public Works with input from the power company.
(4) 
Standardized petition forms, and a map showing the location of the proposed streetlight and influence area affected by the proposed lighting, shall be furnished by the Department of Public Works to citizens initiating the process. The reason for desiring the lighting shall be stated on the petition form. If initiated by the Director of Public Works, the signatures for the petition shall be obtained by the Department of Public Works.
(5) 
No petition shall be considered unless signatures are obtained of the owners of sixty-six and two thirds percent (66 2/3%) of homes in the influence area affected by the proposed lighting.
(6) 
The signed petition shall be returned to the Department of Public Works for validation. If one hundred percent (100%) of the homes in the influence area are in favor of the streetlight(s), then the Director of Public Works shall authorize the power company to proceed with installation of the streetlight (s), provided there are sufficient funds available in the budget to install the lighting. Notification of such approval shall be sent to all residents within the street light influence area.
(7) 
In the event that at least sixty-six and two thirds percent (66 2/3%) but less than one hundred percent (100%) of the home(s) within the streetlight influence area sign the validated streetlight petition, then the Public Works Board shall conduct a hearing on the petition. The hearing shall be open to the public, and all who wish to speak for or against the lighting shall be heard. At this meeting, the Director of Public Works, or his/her designated representative, shall:
a. 
Confirm the petition validity and conformity of the proposed location with established criteria;
b. 
Advise the Board on the feasibility of installation, and recommend a preferred type of streetlight.
(8) 
Following such hearing, the Public Works Board shall recommend approval, approval with modifications, or denial of the lighting proposed.
(9) 
Notification of such decision shall be sent by the Department of Public Works to all residents within the streetlight influence area. Such notice shall include information that such resident has the right to protest such approval or denial and seek review pursuant to Section 24-90. A resident submitting an appeal pursuant to this subsection shall be deemed a "permittee" for purposes of Section 24-90.
(10) 
If the lighting installation is approved and there are sufficient funds available in the streetlighting budget, the Director of Public Works shall authorize the power company to proceed with the installation of the streetlight(s). Residents within the streetlight influence area shall be kept informed if delay in installation occurs for any reason.
(c) 
Limits On Installations.
(1) 
Installations shall be made as funds are deemed available within the streetlighting budget by the Director of Public Works.
(d) 
Decorative Streetlight Areas.
(1) 
Decorative streetlight areas, in which all streetlights shall be of the Early American decorative type, may be established in accordance with the following procedures:
a. 
A petition signed by two thirds (2/3) of the households of the subdivision or two thirds (2/3) of the households of a neighborhood, identifying the proposed area to be so designated, shall be filed with the Director of Public Works.
b. 
Upon determination that the requisite number of households have signed the petition, such area shall be deemed a decorative streetlight area.
(2) 
When a decorative streetlight area is established, the Department of Public Works shall determine where such decorative lights are to be placed, in accordance with the standards set forth in Section 24-39.
(3) 
All cobra lights now existing within a decorative streetlight area shall be removed and replaced with decorative lights, as funds are available for such replacements.
(4) 
The procedures set out in Subsection (b) for approval of new streetlighting shall be followed with respect to any proposed new light within a decorative streetlight area.
[1]
Editor's Note: R.O. 1985 § 24-40, Designating crosswalks, safety zones, traffic lanes, adopted by Ord. No. 20 and amended by Ord. No. 4233, was relocated to Ch. 14, § 14-34 of this Code by the City during the 2024 recodification project.