Except as otherwise provided, violations of this chapter are punishable as provided in Section 1-7.
[Ord. No. 951, 7-17-2012[1]]
Whenever private property abuts a public right-of-way or easement belonging to the City, or any other public entity, and there exists in such right-of-way or easement a tree, lawn or grassy area between the private property line and the midline of the street or easement, then such tree, lawn or grassy area shall be considered a Street Park, for purposes of this section, to be part of the private lot which abuts the street or easement, and it shall be the duty of those responsible under this section for mowing and manicuring the alley, street right-of-way, alley right-of-way, sidewalk, or public place, and mowing of the private lot to equally maintain the tree, lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this section shall apply with equal force and effect to said tree, lawn or grassy area known as the Street Park.
[1]
Editor's Note: This ordinance also repealed former § 21-2, which pertained to street parks and derived from Code 1969, § 25-2, as amended.
[Code 1969, § 25-3; Ord. No. 670, § II, 8-18-1998; Ord. No. 932, 9-6-2011]
(a)
It shall be unlawful for any person to use any of the spaces referred to in Section 21-2 and declared to be parks and reserved for park purposes for any other purpose than for the purpose of a park, except as expressly provided herein. It shall be unlawful for any person to plant upon such parks anything except grass, shrubs, flowers or trees; or to permit any horse, cow or other animal to stand or walk upon any such park; or to throw or drop on such parks any paper, garbage, brush, mowed grass or hay, stick, stone, brickbat, pipe, box, lumber or any other material of any kind or character of such a nature as to mar the beauty of such parks. It shall be unlawful for any person to suffer to remain on any such park along property owned or occupied by him, for a longer period than two hours, any of the material aforesaid. It shall be unlawful for any person to place upon any such park any vehicle, building material (except during the construction of a building on abutting property) or other object of any kind or character of such a nature as to mar the beauty or sightliness of any such park. It shall be unlawful for any person to use any such park as a place to stand or store any kind of property. It shall be unlawful for any person to trample or injure any grass, shrub, flower or tree on any such park, or to do anything in any way to injure or mar the beauty or sightliness of any such park.
(b)
The provisions of this Section 21-3 shall apply only to those properties located within a residential use zoning district (R-1, R-2, R-3, or R-4), except that this section shall not apply to public schools, nursery schools, parochial schools, public parks, playgrounds, community centers, churches, fire stations, police stations or funeral homes validly located within such districts. The provisions of Section 21-2 and this section shall not apply to properties located in any other zoning use districts or to driveways to private dwellings located upon any alley in any residential use zoning district; provided, however, that in any zoning district other than residential use zoning districts, such parks shall not be used in any way so as to unreasonably interfere with the use by the City of its right-of-way, vehicular or pedestrian traffic, or to injure or mar the beauty or sightliness of any such park.
[Code 1969, § 25-4; Ord. No. 818, § 1, 7-5-2005]
(a)
Every property owner whose property adjoins or abuts a street park established and defined pursuant to Section 21-2 of this chapter is required to maintain the street park by mowing all grass and or weeds so the height of such grass and weeds shall not exceed seven inches. Where the height of such grass and or weeds exceeds seven inches, the City Administrator or his duly authorized agent may require the owner to mow it within 10 days by serving a written notice to do so on the abutting or adjoining property owner or his agent.
(b)
Every person owning a hedge fence or property on which a hedge fence is located along a street park, street, alley or public road shall trim such hedge fence so that the height of the hedge fence shall not exceed five feet. Where the height of such fence exceeds five feet, the City Administrator or his duly authorized agent may require the owner to trim it within 10 days by serving a written notice to do so on the property owner or his agent.
(c)
Penalty.
(2)
In addition to the above penalty, whenever the City Administrator or his authorized agent determine that a violation of this section has occurred, he shall cause written notice to be served upon the owner of the property upon which such tall grass, weeds or hedge fence is located or upon his agents or by posting such notice on the premises. The notice shall state:
a.
There is a violation of this section in that grass and or weeds exceed seven inches or the fence hedge exceeds five feet;
b.
A hearing shall be held before the City Administrator or his duly authorized agent not less than 10 days after the date of such notice to show cause why such violation should not be abated;
c.
If the grass and or weeds are not mowed or the fence hedge is not trimmed within five days after the hearing date, the City may cause the grass and or weeds to be mowed or the hedge fence to be trimmed and shall certify the costs of same to the City Clerk, who shall cause a special tax bill against the property to be prepared and be collected by the City collector with other taxes assessed against the property;
d.
From the date of its issuance, the special tax bill shall be a first lien on the property until paid and shall bear interest at the rate of 8% per annum;
e.
Continued violations. If grass and weeds are allowed to grow in excess of seven inches on the same street park or the height of the same hedge fence is allowed to exceed five feet in violation of this chapter more than once during the same growing season, the City Administrator or his authorized agent may order the street park mowed or the hedge fence trimmed within five business days after notice is sent to or posted on the property. In case the street park is not mowed or the hedge fence is not trimmed within the five days, the City Administrator or his authorized agent may have the cost of the same billed in the manner described in Subsection (c)(2)c and (2)d of this section.
[Code 1969, § 25-5]
It shall be unlawful for any person as owner, occupant or agent of the owner or occupant of property abutting any street of the City to allow snow or ice to accumulate on the sidewalk in front of such property, and each such person shall keep such sidewalk cleared of snow and ice so as not to endanger or inconvenience pedestrians on the sidewalk.
[Code 1969, § 25-6]
All telephone, telegraph, electric light and other electric wires and poles erected and placed on the streets and alleys of the City shall, when practicable, be placed and erected in and along alleys instead of streets; but nothing herein shall be so construed as to prevent the proper authorities from placing such poles and wires in the streets when they shall deem it necessary or advisable so to do.
[Code 1969, § 25-7]
It shall be unlawful for any person to willfully or knowingly obstruct any public street, alley or highway by throwing or depositing brush, trees or bushes thereon or on the sides of ditches thereof, or by fencing across or upon the right-of-way thereof, or by depositing or leaving goods or chattels thereon, or to obstruct any street, alley or highway in any manner whatsoever.
[Code 1969, § 25-8]
The City engineer is authorized, with the approval of the City Council, to close any street, alley, public place or highway and withdraw it from public use temporarily and during such period as work on such street, alley or public place shall make such action necessary. No person shall use or attempt to use such street, alley or public place or highway withdrawn from public use, or drive or attempt to drive any animal or vehicle on such street, alley or public place.