Editor's note—Ordinance 1651, adopted Nov. 13, 2006, repealed § 16-1, which pertained to consent of city council required and derived from the 1965 Code, §
18-2; Ordinance 1440, adopted Sept. 23, 1999; Ordinance 1530, adopted July 14, 2003; Ordinance 1571, adopted Oct. 25, 2004.
(a) A building
permit shall be obtained prior to the installation, construction,
alteration, modification, repair or removal of any curb, curb cut,
curb and gutter, sidewalk, cross walkway, drive approach or retaining
wall on or adjacent to public rights-of-way within the city limits.
(b) For the
purposes of this chapter, drive approach is that portion of a driveway
extending outward from a property line to the edge of a paved street.
(c) Sidewalks
of any kind, curbs of any kind, drive approaches or retaining walls
that have become defective, unsafe or hazardous are declared to be
a nuisance.
(d) It shall
be the duty of any abutting property owner or person making special
use of a sidewalk of any kind, curb of any kind, drive approach used
for access or retaining wall for any specific use, of whatsoever kind
or character, to keep such sidewalk of any kind, curb of any kind,
drive approach or retaining wall abutting such property in a good
and safe condition and free from any defects and hazards of whatsoever
kind and character. It shall be the duty of the abutting property
owner or person making use of such property to endeavor to repair,
reconstruct or replace said defects within thirty (30) days from the
receipt of notice to do so from the city engineer, and said property
owner or person shall bear the full expense of such work.
(e) The property owner abutting a nuisance as declared in subsection
(c) above may petition the city council for permission to remove such nuisance without the necessity to replace it if the city council determines such removal is not detrimental to the public interest.
(f) Permit
fees and inspection costs for the required abatement of any nuisance
that is upon a public right-of-way, and which has been so ordered
by the city engineer, shall be waived. Permit fees and inspection
costs for the required abatement of any nuisance that is on private
property adjacent to a public right-of-way shall be in accordance
with the permit fee schedule in effect at the time the permit is issued.
(1965 Code, sec. 6-12; Ordinance
1530 adopted 7/14/2003; Ordinance 1559 adopted 10/11/2004)
The installation of standard concrete curbs, curbs and gutters,
sidewalks and cross walkways shall be required under the following
circumstances:
(1) When
a building permit for a new building is requested and curbing is in
place or curblines established.
(2) When
a building permit for the repair or improvement of an existing building
is requested when the cost of such repair or improvement amounts to
fifty (50) percent or more of the assessed valuation of the existing
building on the city tax rolls and when curbing is in place or curblines
established.
(3) When
a permit for a new, altered or additional driveway approach is requested.
(1965 Code, sec. 6-13)
All curbs, curb cuts, curbs and gutters, sidewalks, cross walkways
and drive approaches shall be constructed of reinforced concrete and
installed in accordance with standard specifications promulgated by
the city engineer.
(1965 Code, sec. 6-14)
All premises used as motor vehicle service stations or parking
lots shall, in addition to the other requirements of this Code, have
a six-inch raised curb or other approved traffic barrier along the
property line of the entire street frontage except at the driveway
approaches and access walks.
(1965 Code, sec. 6-15)
Any person or entity desiring to install a vending machine or
other apparatus to sell or otherwise distribute newspapers, magazines,
advertisements or other written material on public rights-of-way in
the city shall first obtain approval for such installation from the
city engineer of the city. Prior to any such installation, each applicant
shall furnish to the city engineer the following:
(1) Proof
of the existence of liability insurance adequate to protect the city
and its officers and employees for injuries and/or damages which might
be sustained by persons or property on account of the existence of
the applicant's machine or other apparatus on public rights-of-way.
(2) An executed
indemnity agreement on a form approved by the city engineer indemnifying
the city and its officers and employees from liability on account
of the existence of the applicant's machine or other apparatus on
public rights-of-way.
(3) Plans
demonstrating that the proposed location, configuration and/or arrangement
of the proposed machine or other apparatus will not impair the public
safety or welfare.
(4) Plans
demonstrating that the machine or other apparatus will be in substantial
conformity with the design, size and color standards prescribed by
the city engineer.
(5) Written
confirmation that the applicant will remove the machine or other apparatus
when requested to do so by the city engineer.
Editor's note—Ordinance 1248, adopted Feb. 11, 1991, amended the Code by adding provisions designated as § 16-1.a. Said provisions have been included herein as §
16-6 at the discretion of the editor.
(Ordinance 1248 adopted 2/11/1991)
No person owning or occupying any lot or premises within the
city shall allow weeds, grass, plants or shrubbery of any kind, or
trees to grow or remain upon or over the sidewalks or streets in front
or side of such lot or premises, or so near thereto as to interfere
with the free and full use of such sidewalks or streets, or for any
person to refuse or fail to remove such weeds and grass or to trim
and keep trimmed weeds, grass, plants, shrubbery and trees so that
the same shall not project over the sidewalks or street as to interfere
with pedestrians or traffic.
Any person violating this section shall, upon conviction therefor, be fined as provided in section
1-5 of this Code.
(Ordinance 1556 adopted 8/23/2004)
One (1) or more signs with a reflective green background shall
be installed on the north side of Mary "D" Avenue delineating a special
parking area from a point three hundred three (303) feet west of the
northwest curb intersection of Broadway and Mary "D" Avenue in a westerly
direction to the northeast corner of Mary "D" Avenue and Chester Street.
The most easterly sign shall contain the words "RESIDENTIAL PARKING
BEGINS HERE" and any other signage shall contain the words "RESIDENTIAL
PARKING". The curb in the specified area shall be painted green to
match the green of the background of the signs.
(Ordinance 1942 adopted 9/10/2012)