[Adopted as Art. 903 of the 1979 Codified Ordinances]
A. 
All persons desiring to use the streets or highways for the storage of construction or other material shall obtain a permit from the Director of Streets and Public Improvements and pay a fee as determined by the Director which is based on the type street, area to be occupied and the duration of occupancy.
B. 
The permit application shall indicate the nature and extent of contemplated construction or repairs. The Director may issue a permit for such time as he deems reasonable or necessary, and the permittee shall display the permit in a conspicuous location on the street or highway at all times during the period of occupancy.
A. 
All permits issued for the placing of building material are conditioned that all old material, rubbish or dirt shall be removed and the site left in a clean condition daily or as required by the Director of Streets and Public Improvements.
B. 
Material may be stored in front of the premises to be built or repaired and may occupy such space as is determined by the Director. When additional frontage is requested to be used, written permission shall be obtained from the adjoining property owners and filed with the Director who may grant a permit if he determines that sufficient room for the easy passage of vehicles shall be left at all times.
(1) 
No materials shall be placed within five feet of fire plugs, or street intersections or crossings or across any footway, and as the regulation of the Public Service Commission requires, no material shall be placed within five feet of any steam railroad track.
(2) 
No old material, rubbish or dirt shall be stored excepting such as are to be re-employed in the building operation.
C. 
Materials shall be placed so as to prevent dangerous conditions or nuisances. The permittee shall maintain occupied and adjacent areas in a clean condition satisfactory to the Director. All dirt and debris shall be properly removed and the permittee shall sprinkle the occupied area and adjacent areas when necessary. The Director may remove at the expense of the permittee or owner any material contrary to these provisions.
No building material shall be mixed or any fire made for any purpose on the surface of a paved street or sidewalk. No employee engaged in removing construction material from the streets shall in any way hinder the free passage of any vehicles or persons.
The Director of Streets and Public Improvements shall have authority to revoke any permit when, in his opinion, the privilege of the permit has been abused or any of the provisions or requirements of this article violated, or when any construction or repair work is so far advanced as to render any further occupancy of the street unnecessary.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the amount of $200, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3) 
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C. 
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.