[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.
[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:
(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:
(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.
