[CC 1995 § 41.010]
All sidewalks within the corporate limits of the City of Golden
City that have heretofore or may hereafter be constructed by order
of the Board of Aldermen of the City of Golden City are hereby made
perpetual, and the owners or occupants of all lands or lots in front
of or along where sidewalks have been or may be put down, are hereby
required to keep same in good order.
[CC 1995 § 41.020]
A.
The following only shall be the grades for sidewalks within the corporate
limits of the City of Golden City.
1.
Where sidewalks now exist, the grade shall be the grade upon
which the existing sidewalk is constructed.
2.
Where no sidewalk now exists, then the natural grade of the
ground over or upon which it is proposed to construct any sidewalk.
The above shall be the established grades for sidewalks, and
shall not be changed except by ordinance; provided, that any ordinance
enacted changing any particular sidewalk grade shall affect only the
portion of such sidewalk grade described in such ordinance.
[CC 1995 § 41.030]
All sidewalks hereafter built in the City shall be granitoid
to be made with not less than four (4) inches of concrete composed
of gravel and cement laid solidly and firmly tamped and finished with
tip dressing of not less than one (1) inch of sand and cement, to
be corrugated or checked in squares not greater than one (1) inch,
the top of the walk not to be less than four (4) inches above the
grade line; said walk shall be cut into blocks of no greater length
than the width of the walk, shall have a top slope of one-fourth (1/4)
inch to the foot rising from the outside line of the walk, the material
and composition to be the best and the work be done in the most thorough
and workmanlike manner.
[CC 1995 § 41.040]
All sidewalks upon Main Street between Depot and Vine Streets
shall be eight (8) feet in width. All sidewalks on Depot Street shall
be five (5) feet, four (4) inches wide and shall be of granitoid and
shall correspond in with grade and alignment with walks already placed,
and all other walks shall be not less than four (4) feet wide and
shall correspond in with grade and alignment with the walk already
placed and which said walk is to join.
[CC 1995 § 41.050]
The cost of bringing to grade all streets, avenues, alleys and
other highways and for building of bridges, culverts, public footwalks,
and sewer, across streets, avenues, alleys and other highways, or
any part thereof or any connection therewith and repairing the same
and for doing all excavating and grading necessary for the same, after
said streets, avenues, alleys and other highways, or parts thereof
or any connection therewith, have been first brought to grade as herein
before provided, shall be levied as a special assessment upon all
lots and pieces of ground upon either side of such street, avenue,
alley or other highway, or part thereof or connection therewith, abutting
thereon, along the distance improved, in proportion to the front foot.
[CC 1995 § 41.070]
The cost of paving or macadamizing the squares and areas as
formed by the crossing or meeting of the streets and other highways,
or parts thereof or connections therewith, shall be levied as a special
assessment, and paid for as follows. Such shall be divided into parts
or portions by lines drawn lengthwise along the middle of each said
streets or highways so intersecting or meeting and the cost of said
parts of portions shall be levied as a special assessment against
the block or square contiguous to each and prorated against the lots
or pieces of ground in such block or square abutting on the street.
[CC 1995 § 41.080]
A.
When the Board of Aldermen shall deem it necessary to pave, macadamize,
gutter, curb (when such curbing is set out into the street beyond
the sidewalk) or otherwise improve any street, avenue, alley or other
highway, or any part thereof, within the limits of the City, for which
a special tax bill is to be levied as herein provided, the Board of
Aldermen shall, by resolution, declare such work or improvements necessary
to be done, and cause such resolutions to be published in some newspaper
published in the City for two (2) consecutive weeks; and if a majority
of the resident owners of the property liable to taxation thereof
shall not, within ten (10) days from the date of the last insertion
of said resolutions, file with the Clerk of the City their protest
against such improvements, then the Board of Aldermen shall have power
to cause such improvements to be made, and to contract therefor, and
to levy the tax herein provided and the finding of the Board that
a majority of such owners have not filed protest shall be conclusive
and final. No such publication shall be necessary for making of any
sidewalks, but upon petition of any property owners where the work
is to be done. The Board of Aldermen shall have power to make contracts
for the construction of sidewalks, including grading therefor, with
or without curbing, along any street, avenue, alley or public highway,
or any part thereof whatever, Such contracts shall be let to the lowest
bidder, upon plans and specification filed therefor by the City Engineer
or other officer designated by the Board of Aldermen, with the City
Clerk, one (1) week's advertisement for the bids thereupon being made
in some newspaper, published in the City. When, upon proper advertisement,
no bid is received, the Board of Aldermen may proceed as provided
in this Section.
B.
No formality whatever shall be required to authorize the repairing
of sidewalks or of street or other paving, curbing, guttering, macadamizing
or part thereof, or reconstructing the same, and making assessments
therefor; but the proper officer or committee on improvements may,
without notice, cause such work to be done keeping an account of the
cost thereof shall be liable for its part of the cost of such work
made along or in front of such lot or piece of ground as reported
to the Board of Aldermen. And any tax bills issued in payment of such
repairs shall constitute a lien upon property liable therefor until
paid.
C.
All costs for building and constructing sidewalks shall be paid to
the contractor therefor, in special tax bills assessed against the
abutting property liable therefor, and such tax bills shall constitute
a lien upon such property until paid.
[CC 1995 § 41.090]
Whenever the City shall advertise for bids for the construction
of any new sidewalk of any kind, or for the construction of new sidewalks
in the place for sidewalks condemned, or whenever the City shall advertise
for bids for paving, macadamizing, guttering alley or other highway
or any part thereof, and shall receive no bids therefor, the City
may proceed to construct or reconstruct any such sidewalks, or pave,
macadamize, gutter, curb or otherwise improve any street at its own
expense, and shall keep an accurate account of the amount expended
for labor and material, including grading and filling opposite each
lot or parcel of ground, and present the same to the Board of Aldermen
for assessment and each lot or piece of ground abutting on the sidewalk,
constructed or reconstructed, or other street improvement made, shall
be liable for the costs thereof, as reported to the Board of Aldermen
by the officer or committee having charge of the matter, and special
tax bills shall issue for the amount thereof, and such tax bills shall
be as valid in all respects whatever as the other special tax bills
provided for in this Article, and shall be collected in the same way.
[CC 1995 § 41.100]
Before the Board of Aldermen shall make any contract for building
bridges, sidewalks, culverts or sewers, or for paving macadamizing,
curbing guttering, or grading any street, avenue, alley or other highway,
an estimate of the cost therefor shall be made by the City Engineer
or other proper officer and submitted to the Board of Aldermen, and
no contract shall be entered into for any such work or improvement
for a price exceeding such estimate, provided, that no such estimate
shall be required for the making of any local or special repairs.
[CC 1995 § 41.110]
For making and repairing sidewalks and sidewalk curbing, the
cost therefor shall be levied as a special assessment on all lots
and pieces of ground abutting on such improvements, in proportion
to the front foot thereof; provided, that corner lot shall be liable
for the extension of curbs and sidewalks to the curblines each way.
[CC 1995 § 41.120]
At the first regular meeting of the Board of Aldermen after
said Board shall have accepted any bid for the construction of any
sidewalk or sidewalks herein provided for, the successful bidder shall
file with the City Clerk a bond payable to the City of Golden City
with two (2) or more good and sufficient securities, in such sum as
the Board of Aldermen may direct, conditioned for the faithful performance
of his/her contract, which contract shall be made and entered into
as herein after provided.
[CC 1995 § 41.130]
Immediately upon the approval of such bond by the Board of Aldermen,
the Mayor shall on behalf of the City enter into a contract with the
successful bidder. Such contract shall be an agreement upon the part
of such bidder to promptly construct such sidewalk or sidewalks in
skillful and workman like manner, within a time specified therein,
according to the plans and specifications filed by the City Engineer
and the ordinance of the City governing the construction of such sidewalks
and of the materials designated and to do and to perform all other
things in the manner and according to the terms and provisions of
such contract, and to accept as pay for special tax bills to be issued
by the City against the property fronting or abutting on such sidewalk.
[CC 1995 § 41.140]
The assessments made for making and repairing sidewalk and sidewalk
curbing and for paving, macadamizing, curbing and guttering all streets,
avenues, alleys, and other highways, and repairing the same as herein
provided, shall be known as "special assessments or improvements,"
and shall be levied and collected as special tax and special tax bill
shall be issued therefor and shall be paid in the same manner provided
by the ordinance. Said special tax bills shall bear interest after
thirty (30) days from date of issue at the rate of eight percent (8%)
per annum, and such special tax bill shall be a lien against the lot
or piece of ground described in the same until the same is paid.
[CC 1995 § 41.150]
All special tax bills issued for special assessments for having
macadamizing, curbing guttering excavating, grading, constructions
of sidewalks, and for district sewer, and for any other purpose whatever
authorized by law, shall be assignable and collectable in any action
brought in the name of the City to the use of the holder thereof.
But the City shall not in any event be liable for any cost that may
occur 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 or the validity of the bill of doing of
the work and of the furnishing of the materials charged for, and of
the liability of the property to the charge stated in the bill.
[CC 1995 § 41.160]
The total cost of paving, macadamizing, curbing, guttering and
the necessary excavating and grading for the same of any street, avenue,
square, or alley or other highway or any part thereof, may be paid
in three (3) annual payments, one third (1/3) in one (1) year, one
third (1/3) in two (2) years and one third (1/3) in three (3) years
from the date of issue of special tax bills, each payment to bear
not to exceed eight percent (8%) interest per annum from date of issue
to date of payment; provided that the owner of any lot or parcel of
ground fronting on such street, avenue, alley, or other highway, or
square or part thereof improved shall within thirty (30) days after
the letting of the contract for such work, notify the City Clerk,
in writing, that he/she desires to pay the same in three (3) annual
payments. In such cases the City Clerk shall make out three (3) special
tax bills which shall be signed by the Mayor and attested by the City
Clerk, each for one-third (1/3) part of the cost of such work, bearing
interest as aforesaid, which rate shall be fixed by ordinance and
deliver the same to the contractor for the work. Each and every such
tax bill shall be a lien on the lot or parcel of ground therein described
and such lien shall continue for one (1) year from maturity of the
tax bills last becoming due until paid, or until the final determination
of any legal proceeding to collect the same; but no such suit shall
be brought on any such tax bill until after the maturity of all such
tax bills.
[CC 1995 § 41.170]
All special tax bills herein provided for shall be made out
by the City Clerk, signed by the Mayor, attested by the City Clerk,
under seal of the City, and delivered to the contractor constructing
such sidewalk or sidewalks.
[CC 1995 § 41.180]
The City Clerk shall be allowed a fee of twenty five cents ($0.25)
for each tax bill issued under provisions of the ordinances, which
shall be paid by the contractor in receipt of the bill; provided,
however, that when such tax bill shall be paid by the City, and taxed
against the property as costs of the bill.
[CC 1995 § 41.190]
All special assessments made for constructing sidewalks or sidewalk
curbing, in the City, as provided in this Article, shall be known
as special assessments for improvements, and shall be levied and collected
as a special tax, and a special tax bill shall be issued therefor,
which shall be paid in the manner provided by ordinance; and the City
Clerk shall enter and abstract of all such tax bills in a book kept
for that purpose, known and designated as "Register of Special Assessments
for Improvements" wherein, shall be known the date and number of the
tax bill, the name of the owner and the description of the property,
the number and date of the approval and the ordinance levying such
special assessments, the amount of tax, when due, when and by whom
paid.
[CC 1995 § 41.200]
Upon the payment of any tax bill issued as herein provide, the
contractor or assignee shall endorse such payment on the back thereof,
deliver the same to the party making such payment and report such
fact to the City Clerk whereupon said Clerk shall file such report
and enter satisfaction upon register of special assessments for improvements.
[CC 1995 § 41.210]
In addition to the powers herein before granted, the Board of
Aldermen may either by ordinance or resolution condemn wooden or defective
sidewalks, and may remove walks so condemned, and may provide for
the construction of new sidewalks in the place of walks so condemned
and removed.
[CC 1995 § 41.220]
Whenever the Board of Aldermen shall require the building of any sidewalk along any street, avenue or highway of the City of Golden City, by and at the expense of the owner or owners of the lot or lots fronting on such street, avenue or highway along the distance improved in proportion to the front fee, it shall be the duty of the owners of the lot or lots fronting on such sidewalk, within ten (10) days after such ordinance shall go into effect, to commence the building of such sidewalk, and failure to complete the same within a reasonable time after said ten (10) days, shall be a violation of this Section and any person violating any of the provisions of this Section shall, upon conviction, be punished as provided in Section 100.220 of this Code; provided that the provisions of this Section shall not in any manner impair any of the provisions of the ordinances relating to sidewalks or the building thereof.
[CC 1995 § 41.500]
A.
It shall be unlawful for any person to erect or maintain any fence
or other like structure except as follows:
1.
Privacy fences may be erected on any lot, except as provided in Section 510.240, and shall be no more than eight (8) feet high and shall not be located closer to the front property line than the nearest portion of the front of the building.
2.
Decorative fences may be erected on any lot, except as provided in Section 510.240, and shall be no more than five (5) feet high and be of open construction.
3.
Security fences may be erected on any business or industrial
lot to a height of not more than eight (8) feet. The top two (2) feet
must be of open wire, woven wire or barbed wire construction.
4.
Open wire fences for the enclosure of private tennis courts may be constructed to a height of no more than twelve (12) feet, but must be set back from all property lines at least six (6) feet. Such fences may be of any material, except as provided in Section 510.240. The top four (4) feet must be of open wire or woven wire construction.
5.
Materials for construction of a privacy fence must be wood,
vinyl or composite, except that posts may be made of metal. Maximum
board width is twelve (12) inches of solid, staggered or basket weave
fences. Solid panels such as plywood, wafer board or similar materials,
will not be allowed, except around construction sites for public safety,
and such fences must be removed when the construction project is completed.
6.
Materials for construction of a decorative fence may be wood, woven wire, chain link, wrought iron, vinyl, square tubing or metal pipe. A decorative fence must be of open construction, and no panels such as plywood, wafer board or similar materials, will be allowed, except as provided in Section 510.240.
7.
All framework of a wood fence, whether a privacy fence or a
decorative fence, must be on the inside portion of the fence, and
all posts of a wire fence must be inside of the fabric. All posts
(except metal "T" line posts) must be set in concrete to a minimum
depth of eighteen (18) inches and shall be a minimum of four (4) inches
by four (4) inches. Metal "T" posts may be driven.
[CC 1995 § 41.510]
No person shall permit, cause, keep, maintain or allow a fence
within the corporate limits of the City in a dilapidated or dangerous
condition.
[CC 1995 § 41.520]
It shall be unlawful for any person to place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way or public way or residence, any spikes or sharp-pointed cresting, or any barbed wire or other things, except as permitted in Section 510.220(A)(3), or electrified fence, dangerous or liable to tear, snag, cut or injure anyone coming in contact therewith.
[CC 1995 § 41.530]
All fences and retaining walls on the premises shall be structurally
sound and constructed of approved materials. They shall be maintained
so that they do not constitute a blighted influence or an element
leading to the progressive deterioration, downgrading and diminution
of neighborhood property values. Materials for construction of a wall
or retaining wall must be any natural or man-made stone, rock or brick,
any cement material (limited to block or continuous pour) or railroad
ties.
[CC 1995 § 41.540]
A.
The Board of Aldermen is authorized to allow a variance from the
specific terms of this Article which will not be contrary to the public
interest and where, owing to special conditions, a literal enforcement
of the provisions of this Article will, in an individual case, result
in undue hardship, provided the spirit of these regulations shall
be observed, public safety and welfare secured, and substantial justice
done.
B.
A request for a fence variance may be granted, upon a finding of
the Board of Aldermen that all of the following conditions have been
met.
1.
The fence variance requested arises from such condition which
is unique to the property in question and is not created by an action
or actions of the property owner or applicant.
2.
The granting of the fence variance will not adversely affect
the rights of adjacent property owners or residents.
3.
The strict application of the provisions of this Article of
which the fence variance is requested will constitute unnecessary
hardship upon the property owner represented in the request.
4.
The fence variance desired will not adversely affect the public
health, safety, morals, order, convenience, prosperity or general
welfare.
5.
The granting of the fence variance desired will not be opposed
to the general spirit and intent of the provisions of this Article.
C.
Approval of a majority of the Board of Aldermen shall be necessary
to grant the fence variance requested.
D.
A person requesting a fence variance shall submit, at City Hall, a statement, in writing, justifying the fence variance requested, indicating specifically the enforcement provisions of this Article from which the variance is requested, and outlining in detail the manner in which it is believed that the request will meet each of the five (5) conditions as set out in Subsection (B) above.
E.
A fence variance request shall be taken up by the Board of Aldermen
at its next regular meeting not less than ten (10) days after said
request is received at City Hall.
