[1961 Code, § 18.38; Ord. 702]
(A) 
The provisions of this subchapter are to assign responsibility for the improvement and maintenance of parkways and sidewalks and to establish uniform guidelines and standards for the construction of off-site improvements required by city code regulations or being installed by a property owner or occupant on his own initiative.
(B) 
The improvements include, but are not limited to connecting pavement, curb and gutter, sidewalks, street lighting, landscaping, planters, irrigation systems and decorative lighting.
[1961 Code, § 18.40; Ord. 702]
(A) 
It is unlawful for any person having charge or control of any lot or premises, either as owner, lessee, tenant, occupant or otherwise to allow or permit any soil, trash, rubbish, garden refuse, tree trimmings, ashes, in cans or other waste or refuse to remain upon or in any public street, alley, or upon any sidewalk abutting on such lot or premises, or to interfere with or obstruct the free passage of pedestrians or vehicles along such sidewalks, alleys, or streets, or to allow or permit the same to be moved or transported by wind or otherwise onto or upon any public street or alley or sidewalk, or upon any private property without the consent of the owner.
(B) 
It is unlawful for any person owning or operating any vehicle to allow any of the items mentioned in division (A) to spill, fall off or blow onto any public street or alley or sidewalk abutting such street or onto any private property without the consent of the owner.
[1961 Code, § 18.41; Ord. 702]
(A) 
No barbed wire fences will be allowed in any parkway, street, alley or public place.
(B) 
No fences or walls will be allowed in the street or alley or in the parkway of any land zoned for commercial or industrial uses. Decorative fences and walls will be allowed by encroachment permit in the parkway of land zoned for residential uses. The fence or wall shall be located between the sidewalk and the property line. If no sidewalk exists, the construction of the wall or fence will be conditioned upon the installation of the sidewalk. The maximum height of walls and fences shall be 36 inches within the parkway, except the corner lot where the end 20 feet on each street shall be reduced to 24 inches for visibility. All walls and fences have to provide four-foot clearance around fire hydrants, water meters, and all other utility structures. If a wall or fence is constructed over underground utility lines, the utility company may remove such fence or wall as necessary to repair and maintain its facilities, and it will be the property owners' responsibility to replace the same.
(C) 
All walls and fences that are not maintained properly shall be declared a nuisance and abated in accordance with Chapter 95A.
[1961 Code, § 18.42; Ord. 702]
(A) 
Landscaping consisting of approved shrubs, trees, irrigation systems, including decorative lighting, may be constructed in that portion of the parkway not included in sidewalk areas. The landscaping shall be in accordance with the requirements of the zoning regulations in the Unified Development Code. The material and design of the sprinkler system and decorative lights shall be in accordance with the city policy and approved by the Public Works Department. All shrubs shall be maintained at a height not to exceed 36 inches except where a lesser height of 24 inches is required on comer lots and at driveways for visibility.
(B) 
All landscaping that is not properly maintained in the parkway shall be declared a hazard and nuisance and abated in accordance with Chapter 95A.
[1961 Code, § 18.44; Ord. 702]
It is unlawful for any person having control of any lot or premises to allow any water or other liquids used to clean a premises or in conjunction with the service provided or the product produced, including irrigation and air conditioning water of all types, to be deposited upon any sidewalk, street, alley or public place. Water from roof drains is prohibited from being deposited directly upon sidewalks or parkways.
[1961 Code, § 18.45; Ord. 702; Ord. 1060]
(A) 
The owner of lots, or portions of lots, fronting on any portion of a public street shall clean, repair and maintain sidewalk areas. The sidewalk area shall be maintained in a safe condition such that it does not endanger persons or property during reasonable use. The failure to maintain the sidewalk area in a safe condition is negligence. Liability for any injuries occurring from such negligence is assigned to the owner of the lot fronting the sidewalk.
(B) 
The owner is not liable for conditions created or maintained upon or in connection with the sidewalk area by any person other than the owner under any permit or right granted by law and by the city. During the period of the permitted activity, the permit holder assumes the duties and obligation of division (A) of this section. It is the duty of the permit holder to leave the sidewalk area in a safe condition during periods of inactivity and upon the completion of the permitted activity.
(C) 
It is the duty of the city to notify the owner or person in possession of the property when any portion of the sidewalk area presents a condition which endangers persons or property during reasonable use. The notice shall be in writing and be delivered in person or by certified mail to the occupant of the premises, and also to the owner of the property if not the same as the occupant. The notice shall describe the property by a recorded map, metes and bounds, assessor's parcel number, and shall include the street address of the property. The notice shall describe the hazardous condition and the repairs required. The repair must begin within 14 days from the date of the notice and be completed without unreasonable interruption or delay. If the work is not begun within 14 days, the city will cause the work to be done and the cost to be assessed against the property owner in accordance with Chapter 22 of the Improvement Act of 1911.
(D) 
For purposes of this section, “maintenance and repair of sidewalk areas” shall include but not be limited to removal and replacement of sidewalks; removal and filling or replacement of parking strips; removal of weeds and/or debris; and trimming of trees, shrubs, hedges and/or ground cover.
(E) 
Nothing in this section shall be deemed to diminish any rights of the city to seek indemnification from abutting landowners.
(F) 
For purposes of this section “conditions of sidewalk areas which are deemed likely to endanger persons or property during reasonable use” shall include but not be limited to: broken, cracked or spilled concrete or asphalt surfacing; litter, debris; holes; rough or uneven surface; or otherwise hazardous conditions of improved or unimproved sidewalk areas.
[1961 Code, § 18.46; Ord. 702]
(A) 
It is unlawful for any person to construct, replace or otherwise modify off site improvements without first obtaining a construction permit from the Administrative Authority, except work orders by the Administrative Authority to abate a hazard or those required as a condition of a subdivision map. The permit will be on a form provided by the Administrative Authority and filing and inspection fees will be adopted by City Council resolution.
(B) 
All off-site improvements shall be constructed in accordance with the city's standard specifications. Fees shall be set at the discretion of the City Council.
[1961 Code, § 18.47; Ord. 702]
(A) 
Moving permits for buildings shall be in accordance with § 151.120 et seq.
(B) 
Moving permits for overweight and overwidth equipment shall be issued by the Administrative Authority. It shall be on a form provided by the city, and it shall contain a description of the equipment and method of moving. The Administrative Authority, upon filing of the permit, will determine which street it may move upon, time of day it may be moved, signs, lights and/or if a convoy is required.
(C) 
The permittee shall be responsible for any and all damage to public streets and facilities. The Administrative Authority may require a cash or surety bond in an amount not less than $1,000, or the estimated cost of probable damage, if any, whichever is greater. Permit fees shall be established by resolution of the City Council.
[Ord. 1248, 6-2-1999]
(A) 
Purpose of provisions: From time to time city and private development installed the public improvements including water lines, sewer lines, other underground utilities, connecting pavements, curbs, gutters, sidewalks, median islands, and similar public right-of-way improvements appurtenant to parcels yet to be developed. These improvements cause the value of these parcels to increase. When these developed parcels develop, the city for the most part does not receive property tax revenues to reimburse for the public improvements that have directly benefited these parcels. In addition, the private developer installing these improvements is not reimbursed for the benefit bestowed on adjacent property. This section is intended as a procedure for reimbursement of public improvements made of moneys from the treasury of the city for such public improvements and to reimburse private developers for installation of public improvements of benefit to adjacent private landowners.
(B) 
Recovery of costs:
(1) 
Whenever the City Council determines that the public interest and necessity demand the construction and completion of public projects including but not limited to street improvements including; water lines, sewer lines, other underground utilities, connecting pavements, curbs and gutters, sidewalks, median islands and similar public right-of-way improvements, to undeveloped areas of the city, not adequately improved, and appropriates moneys out of the treasury of the city for such public improvements, no person shall be permitted to develop such property until such property owner has paid to the city the proportionate share of the cost of the street improvements as established by the City Council with respect to the property; and no application, either by petition or otherwise, shall be approved by the City Council for the building and or development of such property until the property owners to be benefited or a significant number thereof shall have paid to the city, or agreed to pay such proportionate share of the costs of the street improvements as in the opinion of the Council insures the payment of the cost of the public street improvements. Such payments include a development fee or license tax fee on new construction obligation and shall be in addition to any other fee prescribed by any ordinance of the city.
(2) 
Whenever a public project is financed in any part by the general fund of the city, the City Engineer shall determine if there are any parcels directly benefited by the installation of the public project. Whenever the City Engineer determines that a parcel is directly benefited from a public project, the City Engineer shall recommend to the City Council, as part of the documents to be approved by the Council for the public project. The amount of reimbursement to be apportioned to any such parcel. Reimbursement may be in the form of a lump sum payment to the city or payment of a development fee or license tax on new construction. The owner of any such parcel as designated upon the latest records of the County Assessor shall be notified of the Council's hearing for the consideration of the public project. At said hearing, if the City Council approves the public project, the City Council shall also consider the apportionment of the cost of said improvements among the parcels directly benefited from the project. If a parcel is required to reimburse the City for any portion of the public project, a recorded document will be filed with the County Recorder's office, stating the obligation that is due and payable upon issuance of any permit for the development upon the parcel.
(3) 
As referred to herein "permit" refers to any permit issued by the city and "development" shall refer to any improvement upon real property for which any permit is required.
(4) 
A temporary waiver of payment of lots may be requested, in writing, to the City Manager. A waiver request may only be submitted for a permit of improvements upon a parcel already occupied with a resident's structure. The City Manager may waive, for a designated period of time, all or a portion of the reimbursement.
(C) 
Reimbursement for utility undergrounding: When utility undergrounding, and the total estimated development fee for license, tax, collections for utility undergrounding is required by the city to accommodate a street widening, the developer shall receive a partial reimbursement from the city if the cost of utility undergrounding exceeds the amount estimated to be collected for utility undergrounding as part of the development fee or license tax payments over the duration of the construction project. The partial reimbursement shall be limited to the difference between the cost of undergrounding. Reimbursement by the City shall only be paid from designated utility undergrounding accounts, subject to the variability of funds.
(D) 
Private projects-reimbursement by benefited property owner.
(1) 
Whenever the City Council determines that the public interest and necessity demand the construction and completion of public right-of-way improvements including, but not limited to water lines, sewer lines and other underground utilities, connecting pavement, street improvements, including curbs, gutters, paving and sidewalks and related improvements, including median island improvements and utility undergrouding, adjacent to undeveloped areas of the city not adequately improved and places conditions of approval upon a private project for construction of such public improvements, no person shall receive a permit to develop the benefited property until such property owner has paid to the city a proportionate share of the original costs of the public right-of-way improvements as previously required by the City Council with respect to the property so benefited.
(2) 
In making this determination, the City Engineer shall determine the percentage of benefit to the benefited parcel. Such payment by the benefited parcel shall then be paid by the city to the original private developer having installed such improvements. If the city record fail to include the identity of that developer or the developer no longer exists or for any reason the payment cannot be made after reasonable effort by the city, the City Council may order the payment returned to the payor.
[Ord. 1297, 6-20-2001]
Unless expressly stated otherwise, any violation of this chapter constitutes a public nuisance and is subject to all civil, administrative and criminal remedies, and all abatement procedures set forth in Chapter 95A of this code, pertaining to the abatement of public nuisances.
[Ord. 1297, 6-20-2001]
Within 15 days of receiving a notice of hazardous condition or within 15 days of any other action taken by the Public Works Superintendent or authorized city agent, a property owner or any person having possession or control of the lot or premises, either as owner, lessee, tenant, occupant or otherwise, can appeal from such notification or action to the Board of Appeals created by § 95.112A of this code. Such appeal shall be subject to the rules and procedures applicable to the Board of Appeals as set forth in §§ 95.113A through 95.120A of this code. The decision of the Board of Appeals shall be final and conclusive.
[Ord. 1297, 6-20-2001]
If the condition described in the notice of hazardous condition is not remedied within the time prescribed in the notice for which an appeal is not sought or within the time set forth in the decision of the Board of Appeals, then the City Manager or designee can cause the hazardous condition to be abated by the city forces or by private contract, and the cost of such remedial actions can be recovered in accordance with §§ 95.122A through 95.127A of this code.