For purposes of this chapter, "parkway" means that portion of
a public right-of-way between the sidewalk and curb which is available
for landscaping.
(Ord. 5385 § 3, 2004; Ord. 5956 § 2, 2020)
A. The director of public works rather than the street and field services administrator shall perform the duties and exercise the authority vested in the street and field services administrator by Sections
12.04.020,
12.08.040,
12.08.050,
12.08.060,
12.08.090, 12.08.120,
12.08.130,
12.08.150 and
12.08.160, inclusive, 12.16.010, 12.16.020, 12.16.040, 12.16.060, 12.16.070, 12.16.100, 12.16.120 through 12.16.160, inclusive, 12.20.020 through 12.20.070, inclusive, 12.08.170 through 12.08.210, inclusive, 15.04.060, 15.04.080, 15.04.180, 15.04.190, 15.04.210, 15.04.220 and 15.04.240 through 15.04.260, inclusive, of this code.
C. The director of public works rather than the director of parks, recreation and community services shall perform the duties and exercise the authority vested in the director of parks, recreation and community services by Section
15.04.050 of this code.
D. If
in the opinion of the risk manager, the nature of the work regulated
by this chapter is such that it might create a risk of injury to persons
or damage to property, the director of public works shall, before
issuing any permit, require that the applicant for a permit file a
certificate showing that the applicant is insured against claims for
personal injury and property damage which may arise from or out of
the performance of the work, whether such performance be by him or
herself, the applicant's subcontractor or any person directly or indirectly
employed by the applicant; the amount of such insurance shall be prescribed
by the risk manager in accordance with the nature of the risks involved.
Any such insurance shall include the city as an additional insured
in the amounts designated by the risk manager.
(Prior code § 26-1; Ord. 5394 § 6, 2004)
A. In addition to the requirements set forth in Section
10.64.060 of this code regarding visibility at intersections, every owner, occupant or person having the control or care of any lot or premises in the city shall be required to trim or prune, any privately-owned tree, bush or shrub upon such premises or upon the sidewalk, street or alley adjacent to such premises, the branches of which are dead, liable to fall, dangerous or interfere with or obstruct persons or vehicles passing along or accessing any public curb, sidewalk, street or alley. Whenever any privately-owned trees, plants or shrubs interfere with or obstruct persons passing along any public street or alley, it is unlawful for the owner or person having charge or control of the premises upon or in front of which such trees, shrubs, bushes or hedges are growing, to fail or refuse to trim the same within five days after service of notice by the director of public works or designee to do so.
B. The
minimum clearance of any obstructing or overhanging portion of privately-owned
trees or shrubs shall not be less than seven feet over sidewalks and
14 feet over all streets or alleys except arterial streets or truck
thoroughfares which shall have a clearance of not less than 15 feet.
C. The
director of public works, or designee, shall inspect and may cut down
or remove any privately-owned trees, plants or shrubs which may overhang
or project into any sidewalk, street or alley to determine whether
any of the same or any part thereof are dead, liable to fall, dangerous,
or an obstruction to public travel or access to areas open to public
travel.
D. Except
in cases of manifest public danger or immediate necessity, the director
of public works shall mail to the owner, occupant or person having
the control or care of any lot or premises, a 10 day notice of the
director's intention to cut down or remove a tree, plant or shrub
under this section. Such owner, occupant or person having the control
or care of any lot or premises may appeal the director's decision
within five days from the date of such notice. Such appeal must be
made in writing to the director objecting to such cutting down or
removal and the reasons why the director should not take such action.
Upon receipt of such appeal, the director of public works shall give
the appellant a reasonable opportunity to be heard in support of such
objection. The director's decision shall be made in writing to the
appellant and shall be final. In cases of manifest public danger or
immediate necessity, the director of public works may immediately
cut down or remove such tree, shrub or plant without notice to the
property owner or occupant.
(Prior code § 26-2; Ord. 5385 § 4, 2004)
No person shall wilfully or negligently drain, divert or in
any manner permit water from any swimming pool, automobile wash rack
or air-conditioning system to flow upon or saturate by seepage any
street or alley in the city, which act tends to damage such street
or alley or tends to be a hazard to traffic thereon.
(Prior code § 26-2.1)
A. The
owner, occupant or person having the control or care of any lot or
premises fronting upon any public street, lane or alley in the city
shall keep the sidewalk immediately in front of such property and
the space between the curb line and the property line of such property
free from all holes or obstructions dangerous to life or limb, except
such holes or obstructions as may have been caused by parkway trees
or city-owned vehicles.
B. Exception.
This section shall not apply to holes or excavations caused or made
by any person having a franchise or permit for the erection of poles,
the laying of pipes and work of a similar character.
(Prior code §§ 26-3, 26-4)
A. No
person shall maliciously construct, erect, build, plant, cultivate
or maintain any fence or wall or any hedge or similar growth unnecessarily
for the purpose of annoying the owners or occupants of adjoining or
neighboring property.
B. The malicious erection, maintenance or construction of spite fences in violation of any provision of this chapter is found to be of a disrupting nature to the entire community in that such fences cause disruptions among residents of the local neighborhood, tend to cause a decrease in property values, tend to cause valued residents of a community to relocate, and tend to incite crime and violence between neighbors, all of which endangers the comfort, repose or peace of the residents in the area. Therefore, as an additional remedy to misdemeanor prosecution as provided in Chapter
1.20 of this code, all spite fences which are placed or which exist in violation of the provisions of this chapter shall be deemed, and are declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Prior code §§ 26-5.1, 26-5.2)
No person may drive a vehicle over, on or across a curb or sidewalk
at any location in the city, except at a driveway, without first filing
an application with the director of public works to drive over such
curb or sidewalk. The application shall state the name of the person
or firm desiring permission, with address and phone number, and the
location by street address or lot number where the driving over will
take place. Upon the filing of the application and the payment of
a three-dollar ($3.00) permit fee the director of public works shall
issue a drive-over permit good for a period not to exceed 60 days
unless the director of public works shall determine that such issuance
would be unsafe or would violate any law of the city or state. If
the curb, sidewalk or any other improvements in place are damaged
by vehicles driving over them, the director of public works shall
notify the permittee in writing of the damage and the nature and extent
of repairs that will be required. If the required repairs are not
made within 30 days after the mailing of the notice to do so, the
director of public works may order the repairs made and bill the owner
of the property in front of which the repair is made for the cost
thereof. If the bill is not paid within a period of 60 days, or arrangements
made satisfactory to the director of public works, the cost of the
repairs, plus the cost of collection, may be recovered by civil action
in the courts, and until paid the director of public works may not
issue to the person in default a subsequent permit.
(Prior code § 26-6)
A. Whenever
an emergency situation arises on a city street that dictates the placement
of warning lights or barricades or both for the protection of the
public from a hazard created by work done or acts performed by private
persons on or near such street, with or without permit, or by reason
of the condition of their property which presents an imminent danger
to the traveling public, the street and field services administrator
shall place barricades and warning lights in such locations and in
such quantity as in his or her judgment will best protect the public
from the hazard so created.
B. The street and field services administrator shall inform the director of finance and administrative services of the placement of such warning devices with a brief account of the circumstances and the names of the person or persons responsible for the creation or continuance of the hazard and the director of finance and administrative services shall collect from such person or persons fees for such placement in accordance with the schedule of charges, set out in subsection
C of this section.
C. The
minimum fee for the placement of barricades or warning lights or both
shall be $10 per day and shall cover the placement of not to exceed
10 barricades or lights or a combination of barricades and lights.
An additional charge of one dollar ($1.00) per barricade or light
per day shall be made for every additional warning device in excess
of 10. Such fees shall continue for each day of maintenance of the
barricades or lights until the responsible person or persons causes
substitutes of his or her own to be placed or until the hazard is
eliminated, whichever first occurs. The fees provided for in this
chapter shall constitute a civil debt owing to the city.
(Prior code §§ 26-6.1—26-6.3)
Except as otherwise permitted by this code, no person shall
affix, nail, tack, fasten, or otherwise attach, apply, or place, a
band, belt, chain, rope, strap, tape, or tie upon any public property
including, but not limited to, bicycle rack, bus bench, bus enclosure,
utility cabinet, planter, streetlight standard, fire hydrant, electric
light pole, power pole, telephone pole, appurtenance of any such pole,
any fixture of the fire alarm system, street sign, traffic signal
or devices, parking meter, tree, shrub, tree stake or guard and/or
other similar facility installed or maintained within, upon, on, across
or over any public right-of-way.
(Ord. 5897 § 2, 2017)