This division shall be known and may be cited as the right-of-way
construction ordinance of the city.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-27)
Terms, phrases and words and their derivations used herein shall,
in addition to their common meanings, have the more specific meanings
as follows. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. “Shall” is always mandatory and not merely
directory.
Angle of departure.
The angle between two (2) planes, one (1) being the surface
on which a vehicle is supported and the other being an inclined plane
passing through the lowest points of the rear wheels and the lowest
point of the rear bumper of the vehicle.
Applicant.
A person, firm, partnership, association, corporation, company
or organization making application to perform construction within
the right-of-way.
Bumper curb.
Any type of physical barrier, such as pipe rail, wood timber,
poured-in-place concrete curb, or portable concrete curb, minimum
six (6) feet long, minimum six (6) inches in height, and minimum seven
(7) inches wide (at the base), permanently placed and anchored between
designated sidewalk areas and vehicle parking areas. (Plate 1-91)
Construction.
Any and all construction, excavation or other work done in
the public right-of-way.
Curb.
A vertical or sloping member along the edge of a pavement
strengthening or protecting the paving edge and clearly defining the
pavement edge to vehicle operators. The surface facing the general
direction of the pavement is the “face.” The “curbline”
means the line of the back edge, as distinguished from the face, and
is as established by the city engineer for alignment of the curb.
Driveway approach.
The area, construction, or facility between the roadway of
a public street and private property intended to provide access for
vehicles from the roadway of a public street to private property.
Intersection.
The general area where two (2) or more streets join or cross,
within which are included the roadway and the roadside facilities
for traffic movements in that area.
Island.
A defined area separating two (2) driveway approaches, within
the right-of-way, for control of vehicular movement and for pedestrian
refuge.
Homeowner.
The owner and occupant of the residential property adjacent
to the right-of-way.
Minimum and maximum.
As used on the drawings identified as plates 1-91 through
10-91 inclusive, and included as a part of this division, are limits
of design dimension to which construction may be performed at the
option of the permittee. (Plates 1-91 through 10-91 are on file with
the city.)
Owner.
The record owner of property abutting the public right-of-way.
Permittee.
Any person who has been granted and has in full force and
effect a construction permit issued hereunder.
Person.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Property frontage and driveway approach area measurements.
All references to property frontage and driveway approach
areas on the street adjacent to and bounding the abutting private
property, as well as such additional frontage and driveway approach
[areas] of adjoining property which by virtue of an easement, license
or other agreement with the owner of such adjoining property are under
the control of the person making the improvements and may be used
for driveway approach purposes.
Public utility or utility.
Any person, firm, partnership, association, corporation,
company or organization which conducts in the city a business of distributing
to the citizens of city electricity, gas or water or provides to the
general public the service of telephone communication or cable television
or sewage disposal and has the right to use and occupy the city streets,
alleys, and other public places in conducting such business by virtue
of an existing franchise granted by the city or by the right under
the city charter.
Recessed parking area.
That additional parking area formed by setting the established
street curbline back toward the property line of the property owner
and shall include such recessed parking areas formed partly on private
property and partly on public right-of-way.
Reinspection.
An additional or supplemental inspection which is necessitated
by noncompliance with the construction authorized by the permit and
required by this division.
Repair work.
The rehabilitation and/or replacement of defective construction
in the right-of-way.
Right-of-way.
All public rights-of-way of streets or other public property
within the city.
Roadway.
The portion of the street, including shoulders, which is
used for vehicular traffic. On curbed streets it is the area between
curblines.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking
area or other public right-of-way, including the entire right-of-way
and not merely the improved portion of the right-of-way, located within
the city limits.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-28)
Any person, firm or corporation violating any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount as provided for in section
1-1-9 of the Code of Ordinances, and each day of violation under this division shall become a separate offense. Repeated violations of this division will be grounds for refusal by the administrative officer to issue permits to such applicants.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-29)
This division shall not be construed as imposing upon the city
or any city official or employee any liability or responsibility for
damages to any person injured by the performance of any construction
or excavation work for which a permit is issued hereunder; nor shall
the city or any official or employee thereof be deemed to have assumed
any such liability or responsibility by reason of inspections authorized
hereunder, the issuance of any permit or the approval of any excavation
work.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-30)
Both the director of public works and the city engineer in working
under this division shall be an administrative city official with
authority and responsibility for right-of-way construction.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-32)
In the event of any emergency in which a sewer main, conduit, or utility in or under a street breaks, or is in such condition as to immediately endanger to the property, life, health or safety of any individual, the person causing or knowing of such damage, break or condition shall immediately notify the owner of such facility of such fact, and the person owning or controlling such sewer main, conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility, unless exempt under section
3-15-132 of this division, shall apply for a permit not later than the end of the next succeeding day during which the director of public works’ office is open for business, and shall not proceed with permanent repairs without first obtaining a permit hereunder.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 75-95, sec. 1, adopted 10/14/75; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957 Code, sec. 16-33)
If, in his judgment, traffic conditions, the safety or convenience
of the traveling public, or the public interest require that the work
be performed as emergency work, the administrative officer shall have
full power to order, at the time the permit is granted, that a crew
of men and adequate facilities be employed by the permittee twenty-four
(24) hours a day to the end that such work may be completed as soon
as possible.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-34)
The normal conditions of traffic will not be disrupted without
the approval of the administrative officer. The administrative officer
shall prescribe such traffic control as he deems necessary. Such controls
are to be furnished by the permittee.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-35)
All construction work shall be performed and conducted so as
not to interfere with access to the fire stations and fire hydrants.
Materials or obstructions shall not be placed within fifteen (15)
feet of fire hydrants. Passageways leading to fire escapes or firefighting
equipment shall be kept free of all obstructions.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-36)
(a) The
use of any property, construction and improvements existing and lawful
at the time of the enactment of this division or any amendment thereto
may be continued although such use does not conform to the provisions
and regulations of this division.
(b) No
such nonconforming use or condition of any property, construction
or improvement shall be hereafter extended or materially altered unless
such extension or alteration shall conform to the provisions of this
division, but nothing herein shall be deemed to prevent the normal
maintenance or repair of such nonconforming construction or improvement
unless such nonconforming use creates a hazardous condition.
(Ordinance 65-105, sec. 1, adopted 11/23/65; Ordinance 92-21, sec. 1, adopted 3/24/92; 1957
Code, sec. 16-37)