This article shall govern the construction and installation
of improvements, and the use of the city's rights-of-way by persons
who own property abutting the rights-of-way.
(Ordinance 1444-01 adopted 9/18/01)
Prior to construction and improvements in the right-of-way by persons who own property abutting the right-of-way, such persons shall acquire a building permit, as set forth in Article 3.100 in this chapter, and unless otherwise indicated, the procedures and fees of such permits shall apply to the construction requirements contemplated under this article.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Extent
of Construction Required:
(1)
Commercial.
All construction in the right-of-way shall
be subject to the provisions of this article and the city subdivision
ordinance. Construction improvements within public rights-of-way where
permanent structures exist on abutting property shall be allowed,
provided such improvements do not create a hazardous condition provided
that all construction materials and methods conform the provisions
of this chapter.
(2)
Residential.
When a new structure is to be built on
a lot or moved onto a lot and used for residential purposes and the
right-of-way improvements are covered under the city subdivision ordinance
or the city zoning ordinance, then there shall be no right-of-way
improvement requirements under this article; however, any construction
that is done in the right-of-way shall be done in compliance with
the provisions of this chapter. Construction improvements within the
public right-of-way where permanent structures exist on abutting property
shall be allowed, provided such improvements do not create a hazardous
condition and provided that all construction materials and methods
conform to the provisions of his chapter. Notwithstanding any of the
above provisions in this subsection, whenever any structure is built
on a lot or moved onto a lot and used for residential purposes, the
installation of sidewalks around such lot shall be required if either
of the following conditions exist:
(b)
Protection
of Adjoining Property.
The permittee shall at all times,
and at his own expense, preserve and protect from injury any adjoining
property by providing proper safeguards and taking measures adequate
for the purpose.
(c)
Routing
Traffic.
The normal conditions of traffic shall not be
disrupted without the approval of the city engineer. The city engineer
shall prescribe such traffic control as deemed necessary.
(d)
Prompt
Completion of Work.
The permittee shall proceed with
diligence and expedition on all work covered by the permit and shall
promptly complete such work and restore the street to an acceptable
condition, as soon as practicable and in any event, not later than
the date specified in the permit therefor.
(e)
Urgent
Work.
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 director of public
works shall have full power to order, at the time the permit is granted,
that a work crew 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.
(f)
Restoration
of Surface.
The permittee shall restore all pavement
damaged as a result of the construction work to their original condition
in accordance with the city standard specifications. Acceptance or
approval of any work by the city engineer shall not prevent the city
from asserting a claim against the permittee and his or its surety
under the required surety bond for incomplete or defective work if
discovered within twelve months from the completion of the work. The
city engineer's presence during the performance of any work shall
not relieve the permittee of his responsibilities hereunder.
(g)
Protection
of Watercourses.
The permittee shall provide for the
flow of all watercourses, sewer or drains intercepted during the work
and shall replace the same in as good condition as they were found,
or shall make such provisions for them as the city engineer may direct.
The permittee shall not obstruct the gutter of any street, but shall
use all proper measures to provide for the free passage of surface
water. The permittee shall make provisions to take care of all surplus
water, muck, silt, slicking or other runoff pumped from excavations
or resulting from sluicing or other operations and shall be responsible
for any damage resulting from his failure to so provide.
(h)
Removal
and Protection of Existing Improvements.
The permittee
shall not interfere with any existing improvements without the written
consent of the director and the person owning the improvements. If
it becomes necessary to remove an existing improvement, this shall
be done by its owner. No improvements owned by the city shall be removed
to accommodate the permittee unless the cost of such work be borne
by the permittee. The cost of moving privately owned improvements
shall be similarly borne by the permittee unless he makes other arrangements
with the person owning the improvement. The permittee shall protect
any improvements which may be in any way affected by his work. In
case any of said improvements should be damaged, they shall be repaired
in conformance with all applicable requirements by the permittee,
and his or its bond shall be liable therefor. The director shall have
the authority to cause said necessary labor and materials to be furnished
by the city and the cost shall be charged against the permittee, and
the permittee shall also be liable on his or its bond therefor. The
permittee shall be responsible for any damage done to any public or
private property by reason of the breaking of any water pipes, sewer,
oil pipe, gas pipe, electric conduit, telephone conduit, or other
utility and his bond shall be liable therefor. The permittee shall
inform himself as to the existence and location of all underground
utilities and protect the same against drainage.
(Ordinance 1444-01 adopted 9/18/01)
(a)
Maintenance
of Public Rights-of-Way.
(1)
Any owner, occupant or tenant of any lot or parcel of land located
within the city shall maintain or cause to be maintained the area
of land located between the property line of the lot, tract or parcel
and the adjacent curb, and if no curb exists, then to a line ten feet
from the edge of the street pavement toward the property line.
(2)
Any owner, occupant or tenant of any lot or parcel of land located
within the city shall maintain or cause to be maintained the area
of land located between the property line of the lot, tract or parcel
and the edge of the adjacent alley pavement.
(3)
Any owner of the property abutting on a public street and sidewalk
shall clean and maintain in good repair the sidewalk and any driveway
approach apron crossing the sidewalk.
(4)
The owner of property which abuts on any public street, sidewalk
or driveway approach apron shall be liable for any injury or damage
arising from a defect or defects caused by any act or omission, failure
or negligence relative to the maintenance or repair of such sidewalk
or driveway approach apron crossing such sidewalk.
(b)
Maintenance
of Trees, Shrubs and Vegetation.
It shall be unlawful
for any owner, occupant or person in charge of adjacent property to:
(1)
Allow the branches of any tree to extend over or into a public street
or alley at a height less than fourteen and one-half (141/2) feet.
(2)
Allow the branches of any tree to extend over a sidewalk at a height
of less than eight (8) feet.
(3)
Allow any shrubbery or similar vegetation to extend into or over
any sidewalk blocking or hindering pedestrian access.
(c)
Maintenance
of Easements.
(1)
It shall be unlawful to construct or replace any temporary or permanent
structure within, on or over any public utility or drainage easement
except for utilities or facilities associated with drainage. The property
owner may place removable section-type fencing, asphalt or concrete
paving, or landscaping within any dedicated public utility or drainage
easement. The city or franchised utility of the city shall not be
required to replace anything that must be removed during the course
of maintenance, construction or reconstruction within any public utility
or drainage easement.
(2)
The property owner shall maintain the property containing any easement
in the same manner as would be required if the easement did not exist.
(3)
The property owner shall not hinder the ability of the easement owner
to fully utilize the area of the easement for the purposes, including
construction and maintenance of improvements within the easement,
for which the easement was obtained.
(Ordinance 1444-01 adopted 9/18/01)
