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.
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.
A person, firm, partnership, association, corporation, company or organization making application to perform construction within the right-of-way.
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)
The respective officers or departments of the city, and their authorized representatives.
Any and all construction, excavation or other work done in the public right-of-way.
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.
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.
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.
A defined area separating two (2) driveway approaches, within the right-of-way, for control of vehicular movement and for pedestrian refuge.
The owner and occupant of the residential property adjacent to the right-of-way.
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.)
The record owner of property abutting the public right-of-way.
Any person who has been granted and has in full force and effect a construction permit issued hereunder.
Any person, firm, partnership, association, corporation, company or organization of any kind.
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.
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.
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.
An additional or supplemental inspection which is necessitated by noncompliance with the construction authorized by the permit and required by this division.
The rehabilitation and/or replacement of defective construction in the right-of-way.
All public rights-of-way of streets or other public property within the city.
The portion of the street, including shoulders, which is used for vehicular traffic. On curbed streets it is the area between curblines.
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)