Cross References — Nuisances — generally, §§220.010 — 220.050; utilities, ch. 700.
[CC 1977 §30-01; Ord. No. 1316 §§ 3, 5, 3-17-1982]
A. 
The street specifications and standards prepared by the Kansas City Metropolitan Chapter of the American Public Works Association, published January, 2004, are hereby adopted as the official street specifications and standards of the City of Harrisonville, Missouri. Three (3) copies of said street specifications and standards are on file in the City offices and made a part hereof as if fully set forth herein.
B. 
The City of Harrisonville shall not accept as part of the streets of the City any streets not built to the specifications herein adopted.
[CC 1977 §30-1; Ord. No. 298-B, 4-3-1946; Ord. No. 1439 §1, 1-16-1985]
A. 
Whenever any person desires to vacate any street, alley, commons and public square or part thereof, he/she may petition the Board of Aldermen giving a distinct description of the property to be vacated, which petition shall be filed with the City Clerk, together with a filing fee as established in the City's Comprehensive Schedule of Fees[1] and shall remain on file for a period of thirty (30) days before being acted upon by the Board of Aldermen.
[Ord. No. 3503, 8-3-2020; Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
B. 
Notice of the pendency of such petition shall be given as follows:
1. 
Thirty (30) days' notice shall be given by posting in three (3) of the most prominent and public places in the district.
2. 
Twenty (20) days' notice shall be given by certified mail to all persons whose land the portion of street or alley to be vacated touches and all persons who own land on the same block as the portion of street or alley to be vacated.
3. 
Notice shall also be given to the Chairman of the Planning and Zoning Commission immediately upon filing.
C. 
If no opposition is made to such petition, the Board of Aldermen may vacate the same with such restrictions and reservations as they may deem for the public good, but if opposition shall be made by any person owning property abutting on such street, alley, commons or public square, such application shall continue on file for a further period of thirty (30) days for a hearing thereon, when, if either the objector shall consent to such vacation or if upon such hearing the Board of Aldermen deems it advisable to overrule such objection, the Board of Aldermen may grant the prayer of the petition.
D. 
The part so vacated, if the same is a street or alley, shall revert to the owners of the adjacent lots in proportion as it was taken from them, if there is evidence of such and if not, it shall be attached to the ground bordering on such street or alley and all title thereof shall vest in the person owning the property on each side thereof in equal proportions according to the length or breadth of such ground, as the same may border on such street or alley and whenever a public square shall be vacated, the property thereof shall be disposed of in such manner as the Board of Aldermen may direct.
[CC 1977 §30-2; Rev. Ords. 1939 Ch. 17 Art. 1 §26; Ord. No. 3698, 7-15-2024]
A. 
Unless otherwise permitted by law, it shall be unlawful for any person to:
1. 
Place, create or maintain any obstruction in or over any part of the City's right-of-way, including, but not limited to, a street, alley or sidewalk, whether improved or unimproved, except by written approval of the Director of Public Works; or
2. 
Place, create or maintain any object, obstruction, or thing on private property that creates a threat to public health, safety or welfare in any part of the City's right-of-way, whether improved or unimproved, except by written approval of the Director of Public Works; or
3. 
Plow or push snow from private property onto any public road or street within the City of Harrisonville, except those persons acting within the scope of their employment for the City or those persons having written approval from the Director of Public Works. This Subsection shall be construed to apply to the commercial plowing or pushing of snow from private property onto public streets and roads. Individual citizens plowing their residences are not in violation of this provision.
4. 
Push, throw, blow, deposit or dump any dirt, gravel, rubbish, leaves or other debris, including, but not limited to, lumber, paper, trash, concrete or metal in any street, right-of-way, gutter, storm sewer, waterway or drainage way. Erosion of soil which flows onto any street, right-of-way, gutter, storm sewer, waterway or drainage way from property before or during construction shall be considered as depositing dirt, gravel or other construction debris.
5. 
The Director of Public Works may recommend to the Board of Aldermen, the approval of a proposed temporary or permanent encroachment from a property owner through execution of an encroachment agreement.
B. 
Removal Of Obstructions By City.
1. 
When any obstruction exists in the City's right-of-way in violation of this Section, the City may remove and dispose of such obstruction; provided, the City has given ten (10) days' written notice of its intention to remove and dispose of the obstruction. Notice as required in this Subsection shall be sufficient if mailed or delivered to the person owning or responsible for the obstruction or by affixing written notice to the obstruction itself.
2. 
Any obstruction within the right-of-way which the Director of Public Works deems to create immediate threat to the public health, safety or welfare may be immediately removed and disposed of by the City, without the need to give any notice to the person owning or responsible for the obstruction.
3. 
The property owner may file a written appeal to the removal of the obstruction, object or thing with the Director of Public Works. Upon receipt of such an appeal, the Director of Public Works shall determine if the obstruction, object or thing at issue violates any provisions of this Code Section.
C. 
Any person who violates this Section shall be liable to the City for all actual costs and damages resulting from the obstruction, in accordance with Section 515.060.
[1]
Editor's Note: Former Section 515.040, Obstructions Prohibited, was repealed by Ord. No. 3698The property owner may file a written appeal to the removal of the obstruction, object or thing with the Director of Public Works. Upon receipt of such an appeal, the Director of Public Works shall determine if the obstruction, object or thing at issue violates any provisions of this Code section., 7-15-2024. Prior history includes: CC 1977 §30-3; Rev. Ords. 1939 Ch. 15 Art. 1 §5. See now Section 515.030, Obstructions, Encroachments Generally.
[CC 1977 §30-4]
It shall be unlawful for any person owning or occupying any property within the City or his/her agent in charge of such premises to allow an obstruction of any kind or character whatsoever to remain upon any street, alley, sidewalk or parkway within the City after being notified to remove the same by the City.
[CC 1977 §30-5]
In the event any person notified to remove an obstruction of any kind upon any street, alley, sidewalk or parkway shall fail to do so within the time allowed in such notice, the City shall cause the same to be done and the costs and expenses of the City in so doing shall constitute a lien upon the premises and may be collected as taxes.
[CC 1977 §30-6; Rev. Ords. 1939 Ch. 17 Art. 1 §27]
Any person who shall operate or cause to be operated or move over or upon any street, alley or public place within the City any object with lugs or other tractor appliances or any object which might or would injure the surface of such street, alley or public place shall be guilty of a misdemeanor.
[CC 1977 §30-10; Ord. No. 1344 §1, 1-5-1983]
All property owners shall keep the sidewalks located in front of and alongside of their properties in a safe and convenient condition for the public and, further, all property owners shall replace any sidewalk which is not located upon the established grade and line for sidewalks on the street on which it is located.
[CC 1977 §30-11; Ord. No. 1344 §1, 1-5-1983; Ord. No. 2909 §1, 3-7-2005]
A. 
When, in the opinion of the Director of Public Works, any sidewalk, curb, gutter or driveway is out of repair, which was not caused by any action of the property owner, said Director of Public Works may cause the same to be reconstructed or put in good substantial repair and pay the cost thereof.
B. 
If the repairs are required as a direct result of actions by the property owner, occupants, or agents thereof, the Director of Public Works shall cause a notice to be sent by United States mail, directed to the apparent owner of the real estate in front of which said repair is to be made, as said ownership or taxpayer is shown on the real estate tax records of the Cass County Assessor's Office, when notice shall require the reconstruction or repair to be made within such time as designated by ordinance, but in no event less than twenty (20) days of the date of the notice. After the expiration of such time, the Director of Public Works may cause the reconstruction or repair to be made through City forces or by contract when the owner has not complied with the notice. The work may be done as separate projects for each location or as a project combining several separate locations.
C. 
In due course, after the work is completed at a single location or at several locations combined in one (1) project, the Director of Public Works shall cause the cost to be determined, and for this purpose may base the same on unit costs for a project involving the work in front of several parcels of land.
D. 
The Director of Public Works shall thereupon certify to the Director of Finance the cost of the work done in front of and adjacent to each parcel of land fronting or abutting on the side of the street on which the work was done, giving a description of each parcel of land so charged with sufficient accuracy to identify the same, and the amount of the special assessment against the same. The assessment provided for herein may be payable in one (1) installment, or the Board of Aldermen may, by ordinance, provide that the assessment may be paid in more than one (1) installment in the same manner as provided in this Article for payment of special assessment or special tax bills for improvements.
[CC 1977 §30-12; Ord. No. 1344 §1, 1-5-1983; Ord. No. 3568, 9-20-2021; Ord. No. 3685, 3-4-2024]
A. 
The Director of Public Works or the Public Works Superintendent is hereby authorized to issue right-of-way work permits, upon request, to owners of private property, their representatives or contractors to grade, construct, repair or reconstruct pavements, curbs, gutters, driveways from curb to property line, sidewalks, sewers, street lighting systems and appurtenances, at their own expense, in the public streets or alleys adjacent to or running through their property when the same are, in his/her judgment, reasonably necessary. No person shall begin any such improvement until such permit shall have been issued.
1. 
Plan, Specifications. Prior to issuance of the permit, plans shall be prepared by such owners and submitted to the Director of Public Works or the Public Works Superintendent for his/her approval. Such plans shall indicate thereon the location, extent and character of the work proposed to be done with an estimate of the amount of the various materials, installation and services to be incorporated in the work. The plans shall have such cross sections, profiles and such other information as necessary for the Director of Public Works or the Public Works Superintendent to determine that the plan conforms with the specifications of the City. The plans shall conform and the work shall be done according to the standard specifications of the City for public work of like character.
All such work shall be done under the direction and supervision and to the satisfaction of the Director of Public Works or the Public Works Superintendent. Acceptance of the completed facility by the Director of Public Works or the Public Works Superintendent shall be made only after proper evidence that all bills for labor, materials and equipment have been paid.
2. 
Performance And Maintenance Bonds. The Director of Public Works or the Public Works Superintendent shall require the permittee to furnish an original surety bond, otherwise known as a performance and maintenance bond, equal to the estimated cost of the work; except where authorization for the construction of residential sidewalks and driveways within street rights-of-way, required by ordinance, has been granted by their inclusion in a building permit. The bond shall guarantee satisfactory performance and completion of the work to the satisfaction of the Director of Public Works or the Public Works Superintendent within a time limit specified on said right-of-way work permit. The bond shall also guarantee maintenance of the work performed for two (2) years.
a. 
For projects with valuation of work to be constructed or repaired below five thousand dollars ($5,000.00) the permittee may at their option deposit funds in the amount of the construction or repair to the City to be held in escrow guaranteeing the performance of said work, and maintenance of said work for a period of two (2) years.
b. 
The minimum amount for any bond, or deposit placed in escrow, shall be two thousand dollars ($2,000.00), no matter what the work valuation.
3. 
Indemnification Of City During Construction.
a. 
The applicant shall be required to furnish the City evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) per project to insure and protect the City from all damage that may arise from such disturbance prior to acceptance by the City after backfilling.
b. 
The City of Harrisonville shall have no duty to pay damages unless the defenses of sovereign and governmental immunity are inapplicable. Nothing in this Section shall reflect an intent by the City of Harrisonville to waive any defenses of sovereign and governmental immunity.
4. 
Penalties. Any person, whether owner, representative, contractor, subcontractor or foreman, who shall grade, construct, repair, reconstruct or alter any public street, pavement, curb, gutter, driveway, sidewalk or sewer within any public way or any public sewer adjacent to or running through any private property within a public right-of-way without first securing a permit therefor issued by the Director of Public Works or the Public Works Superintendent, shall be deemed guilty of a violation of this Section and upon conviction thereof shall be fined as established in the City's Comprehensive Schedule of Fees.[1]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
5. 
Right-of-way work permits applicable to this Chapter shall have a fee collected, based on the dollar valuation of the work to be constructed or repaired as established in the City's Comprehensive Schedule of Fees,[2] except where authorization for the construction or repair of residential sidewalks and driveways within street rights-of-way, required by ordinance, has been granted by their inclusion in a building permit.
[2]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
6. 
Required ROW permit inspections shall be as determined by the Director of Public Works or the Public Works Superintendent and shall be listed on ROW permits issued. Required special inspections, by a City-approved third-party inspection service, shall be as determined by the Director of Public Works or the Public Works Superintendent, and shall be listed on ROW permits issued. Special inspections, may include, but not be limited to, fill compaction and concrete testing.
[CC 1977 §30-13; Ord. No. 1495 §1, 11-6-1985]
The names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of an existing or platted street; or, in the opinion of the Planning and Zoning Commission, at some future date the street will be a continuation of an existing street. All new street names shall be approved by the Planning and Zoning Commission prior to their being placed upon a final plat or in any other way named as an official street of the City of Harrisonville.
[1]
Editor's Note — Ord. no. 2958, adopted February 21, 2006, repealed article II "excavations" and sections 515.120 — 515.240 in their entirety and enacted new provisions set out in chapter 530 "rights-of-way management". Former sections 515.120 — 515.240 derived from CC 1977 §§30-21 — 30-33; ord. no. 763 §§1 — 3, 5 — 7, 9 — 10, 3-20-1968; ord. no. 1359 §§1 — 4, 6, 5-4-83; ord. no. 2779(38-02) §§1 — 5, 8-19-2002. This article and sections have been reserved for the city's future use.