City of Mendota, IL
La Salle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Mendota as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 106.
Building construction — See Ch. 129.
Subdivision of land — See Ch. 265.
Zoning — See Ch. 340.
[Adopted as Ch. 6, §§ 6.03 through 6.21, of the 1998 Code]

§ 261-1 Street grades.

A. 
Datum plane established. There is hereby established a base or datum plane of reference to which all City levels and all permanent grade points hereinafter established shall refer. Said base or datum plane shall be taken as a reference plane, and is hereby established at 100 feet below a point as marked by a cross (x) on the top of the stone step at the stairway entrance to the second floor of the Masonic Temple, situated on the west 30 feet of Lot Five in Block 36 of West's Addition to the City of Mendota, County of LaSalle and State of Illinois, and said datum plane shall be known as "zero" for all elevations shown. The permanent grades of all streets, avenues, roads, highways and alleys in the City of Mendota hereafter fixed shall refer to said base or datum plane.
B. 
Sidewalk grades. No person shall construct or lay, or cause to be constructed or laid, any sidewalk where no grade has been established without having first obtained a grade therefor from the City Engineer, or contrary to any grade given by the Engineer, nor shall any person construct or cause to be constructed any sidewalk contrary to any grade which may have been, or may be hereafter, established by the Council.
C. 
New sidewalks. All new sidewalks and sidewalks that may be rebuilt shall be built on and made to conform to the grade which shall be established by the City Engineer, and a record of the sidewalk grade, when established, shall be kept in a book provided for that purpose; and permanent stone landmarks shall be set below the frost line to keep the grade line as established in a condition to the ascertained for the purpose of public improvement in the City.
D. 
Grades shall be given by Engineer. When the City shall require a new sidewalk to be built and constructed, or shall condemn an old sidewalk and require the construction of a new sidewalk, before the same shall be required to be constructed, the City shall establish the grade, and it shall be the duty of the City Engineer to establish and give such grade.
E. 
Bridges, culverts and crossings. All bridges, culverts and street crossings constructed upon any street or avenue within the City shall be constructed so as to conform, as nearly as possible, to the established grade of the street or avenue upon which the bridge, culvert or crossing is located.

§ 261-2 Work on or under streets and public ways.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC WAY
Any sidewalk, street, alley, highway, or other public thoroughfare.
B. 
Permits.
(1) 
It is unlawful for any person to make an opening in any public place without a permit therefor from the Superintendent of Streets.
(2) 
The Superintendent of Streets shall not issue any permit for the opening of any public way or public place until he shall have been fully advised of the time, place and character of such opening, and the purpose thereof. All applications for permits shall be accompanied by a plat or pencil tracing or sketch showing the location, character and dimension of any proposed opening for the installation of any work or the location or character of any alterations involving changes in the location of pipes, conduits, wires or other conductors.
(3) 
Before a permit shall be granted, the Superintendent of Streets shall make an estimate of the cost of inspection and of restoring the pavement and surface to a condition equally as good as before it shall have been opened, with a fair additional sum as margin for contingent damages.
(4) 
When a permit is issued, it shall be submitted to the City Clerk and he shall collect the amount of the estimate and the fee for the permit before delivering the same, giving his receipt for the deposit.
C. 
Barricades. It shall be the duty of every person to whom a permit is issued under this section to erect a fence, railing or other sufficient barricade at such excavations or work in such manner as to prevent danger to persons who may be traveling such public ways and to continue to maintain such barricade until the work shall be completed or the danger removed. It shall be the duty of every such person to place upon such barricades, at sunset, suitable and sufficient lights and to keep them burning throughout the night. All barricades erected on public ways for the protection of the public shall be erected and maintained to the satisfaction and approval of the Superintendent of Streets.
D. 
Indemnifying bond.
(1) 
No permit shall be issued under this section until the applicant for such permit shall first have executed to the City a good and sufficient bond in an amount to be fixed by the Superintendent of Streets and/or the City Engineer, which amount shall be not less than $1,000, with sureties to be approved by the Mayor and the Council, conditioned to indemnify, save and keep harmless the City from any and all loss, cost, damage, expense or liability of any kind which the City may suffer, or which the City may be put to, or which may be recovered from the City, from or on account of the issuance of such permit, or from or on account of any act or thing done by virtue of the authority given in such permit or for any damage, loss or expense to any person caused by the tearing up, repairing or removing of such public way or part thereof.
(2) 
An applicant for such permit may submit a surety company bond for the amount of $5,000 in lieu of the separate bonds hereinabove provided for, which bond of $5,000 shall cover a period of 12 months and be conditioned as hereinabove set forth and shall specifically provide that the applicant's and the surety's liability be a continuing liability on the bond covering any and all work done under any permit issued to the surety's principal during the year for which the bond was written.
E. 
Restoration of pavement.
(1) 
All work done under authority of such permit shall be supervised and inspected by the Superintendent of Streets; and where deemed necessary or advisable, the work shall also be inspected and approved by the City Engineer.
(2) 
Immediately after the completion of the work done under such authority, the person to whom the permit was issued shall forthwith put back and restore and replace in proper shape and condition any pavement displaced by reason of such work and shall restore and replace the surface of any public way which may be opened or otherwise disturbed and shall use limestone or gravel for backfill, said limestone or gravel to be properly tamped; if an improved street, the backfill shall be to the base of the street, and after said opening has been backfilled concrete shall be poured thereon, the shoulder of said concrete slab to extend 12 inches on every side of the opening; except that on any blacktop or macadam road, the concrete shall be within 2 1/2 inches of the top surface and then covered with Komak filler to surface level. All of this work shall be done in such manner as shall be satisfactory to the Superintendent of Streets and/or the City Engineer and as will leave the public way in a condition equally as good as before it was opened or disturbed under said authority.
F. 
Refunds and charges.
(1) 
The cost of such supervision and inspection, and of restoring the pavement, shall be determined by the Superintendent of Streets and/or the City Engineer and shall be deducted and paid into the City Treasury from the amount deposited with the City Clerk as hereinbefore provided.
(2) 
After completion of the work to the satisfaction of the Superintendent of Streets and/or the City Engineer, the Superintendent of Streets shall certify to the City Clerk the amount of any surplus remaining from the amount deposited in such case, and such surplus shall thereupon be paid over to the proper claimant within a period of not less than six months nor more than 12 months from date of completion. If, for any reason, the amount of such deposit shall be insufficient to cover the cost of such work, or if any damage shall have been done to any underground work or connections, or otherwise, which shall have caused increased expenditure, the amount of such deficiency or damage shall be certified to the City Clerk, who shall collect the same from the person to whom the permit was issued.
G. 
Limitation on tearing up public ways. No person shall injure or tear up any pavement, sidewalk or crosswalk or excavate a public way if it is possible to tunnel underground.
H. 
Permit for tunneling underground.
(1) 
No person shall, without a permit in writing from the Superintendent of Streets, tunnel under any public way or place any shaft, cable, pipe, main, conduit, wire or other transmitting or conducting device underneath the surface of any public way in the City by driving the same through the earth underneath the surface of any such public way or tunneling under any such public way.
(2) 
Any person may tunnel under streets or concrete sidewalks which do not exceed six feet in width for the purpose of installing sewer drains not to exceed six inches in diameter; provided that a permit in writing shall be obtained from the Superintendent of Streets for such purpose.
(3) 
The Superintendent of Streets is authorized to remove or cut out all shafts, cables, pipes, conduits, tubes, wires or other transmitting or conduction device at any time laid or placed underneath the surface of any public way in violation of the provisions of this section.

§ 261-3 Encroachment on streets.

A. 
No person shall place or maintain any enclosure, fence, bridge, or structures of any kind extending upon, over or across any street, avenue, alley or sidewalk within the City.
B. 
If the owner of any fence or structure or enclosure encroaching upon any street, alley or sidewalk shall not remove the same within 30 days after being notified in writing to do so by the City, the City may remove the encroachment, and the cost of removal shall be charged against the person maintaining the encroachment or the property abutting the encroachment.

§ 261-4 Obstructing streets with building material.

No person shall encumber any street, alley or sidewalk in the City with building or other materials without a written permit from the Mayor therefor; nor shall any person, in any case, encumber or obstruct more than 1/3 of any street or alley or 1/2 of any sidewalk; nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such building or the prompt execution of the work.

§ 261-5 Moving buildings through streets.

A. 
No person shall move any building from one location to another, or through or along any street or alley in the City, without a permit so to do from the Mayor. The permit shall specify the route by which such building shall be moved, if through or along any street. The person moving such building shall not unnecessarily encumber or obstruct any street or alley for a longer time than may be necessary in the prompt and diligent removal thereof, and shall take reasonable precautionary measures to protect persons and property from injury or damage. Whenever any such building shall pass over any paved roadway, it shall be sufficiently planked with heavy planking under the trucks or rollers of such building so as prevent injury to the pavement, and no anchor or other stakes shall be driven into the pavement.
B. 
It shall be unlawful for any person to move, or cause to be moved, any building through or along any street of the City so as to break or tear down any leads or wires of any utility, the location of which has been authorized by the City, except upon the terms and conditions herein provided. The person moving such building shall give to the person owning or controlling such wires at least 24 hours' written notice of his intention and desire so to do, specifying the route along which he proposes to move the same. It shall then be the duty of the person, manager or agent in charge of such wires to raise or remove the same with the least practicable expense, so as to permit the building to be moved through or past the same, and 1/3 of the reasonable cost and expense of the removal and replacement of such wires shall be paid by the mover giving such notice.
C. 
Every person moving any building or other structure or any wood, metal, stone, or concrete measuring over eight feet six inches wide, and over 12 feet high, measuring from the surface of the roadway, along any street or across any public place within the City shall file a written notice with the Forestry Department not less than five days prior to the moving date of the date of his intentions to do so, stating the time, the place from and to which the building or structure will be moved and the method proposed to be taken in such movement; and he shall not in any manner damage any trees or shrubs planted in any street and shall deposit a sum sufficient to cover the cost of inspection and any damage that may result therefrom. The Forestry Department shall have the authority to refuse the issuance of a permit or change the route of such moving if, in its opinion, such moving will cause damage to any property.
D. 
The person in charge of the work of moving such building shall diligently and continuously prosecute such work in the daytime to completion, and for the protection of the public shall put red lights upon such building at night and safeguard the same against accidents or fire.
E. 
The applicant for a permit under this section shall file a bond in the amount of $5,000 to indemnify the City against any cost or damage the City may suffer by reason of the movement of such building.

§ 261-6 Obstructing streets.

No person shall place, throw, or leave, or shall cause to be placed, thrown or left, any obstruction or encumbrance in or upon any street or alley, except as authorized by ordinance.

§ 261-7 Abatement of obstruction by Police Department.

When any street or alley shall be obstructed by vehicles or persons, any police officer of the City may give such orders and directions as shall be deemed necessary to abate the obstruction; and no person shall neglect or refuse to obey such orders or directions.

§ 261-8 Ashes and rubbish in streets.

No person shall throw, place or leave, or cause or permit to be thrown, placed or left, any ashes, dirt, filth or rubbish, or foreign matter in or upon any street, alley or sidewalk of the City.

§ 261-9 Fires in streets.

No person shall burn any materials on the roadway of any street.

§ 261-10 Driving on sidewalk or lawn.

No person shall drive any animal or vehicle on or across any sidewalk or lawn, where there is a regular approach to the same.

§ 261-11 Overhanging signs or awnings. [1]

No sign or awning shall project from any store or other building into or over any sidewalk unless elevated at least eight feet from the lowest part thereof above the same; nor shall any cellar door raise or project above the surface of the sidewalk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 261-12 Playing in streets.

No person shall play at any game in the roadway of any street.

§ 261-13 Dangerous places guarded.

No person shall have open or insufficiently covered and protected any cellar window, door, vault, well, excavation, coal hole, ditch or other hole, upon or adjoining any street, alley or sidewalk, without securing or protecting the same so as to prevent persons from falling therein.

§ 261-14 Guards for steps and cellar ways.

No steps, platform or other fixture shall extend into or upon any sidewalk or alley in the City except upon permit from the City Council. All stairs or steps encroaching upon any sidewalk or alley and leading to the upper story of any building shall be securely fastened to the wall of such building and supported without posts or pillars. No open cellar or basement way shall be permitted to extend into any sidewalk more than three feet, and the same shall in all cases be well protected with a substantial iron railing with a gate at the entrance around the same; nor shall any closed cellar or basement way extend into or upon any sidewalk more than five feet, nor into any alley more than four feet; nor shall the door or grating of any such closed cellar or basement way extend above the grade of the sidewalk, nor exceeding one inch above the grade of the alley; nor shall the hinges, lock or other fastenings thereof be placed on the upper side of the same so as to project above the door, unless within 2 1/2 feet of the building; and all cellar windows or coal holes in any sidewalk or alley shall be set or placed even with the grade of such sidewalk or alley, and be well secured with iron or other suitable grating.

§ 261-15 Goods on or over sidewalk.

A. 
No person shall place, set or hang out, over or upon any sidewalk, any goods, wares or merchandise, except within three feet of the building or premises owned or occupied by him.
B. 
No person shall place, erect or suspend any sign, pole, flag, banner, showcase or other fixture projecting into or hanging over any sidewalk exceeding three feet from the building or premises owned or occupied by him, or shall cause or knowingly permit the same to be done in front of or adjoining the building or premises owned or occupied by him or under his control.
C. 
No person shall encumber or obstruct more than three feet of the outer edge of any sidewalk with any goods, merchandise, fuel or other articles he may be receiving or delivering, nor shall be permit the same to remain upon any sidewalk longer than may be necessary in the diligent removal, loading or delivery thereof.

§ 261-16 Sales on streets.

A. 
No person shall sell at auction or public outcry or erect or occupy a stand of any kind for the purpose of making sales upon any street, alley, sidewalk, crossing or other public place in the City, nor shall any person sell from any vehicle upon any street, alley, sidewalk, crossing or other public place, except as hereinafter provided.
B. 
This section shall not apply to any person or persons coming into the City from the country in any vehicles with any produce for market raised by themselves, or to any person selling farm produce of their own production; nor shall it apply to persons who peddle newspapers, nor to judicial sales, nor to any persons acting on license from the City.
C. 
Farmers or others selling under the provision of this section, or persons selling under license, shall not occupy a stand upon any sidewalk, alley or crossing, nor within a space of 10 feet of any such sidewalk or crossing upon any street or public place; nor shall they allow the stand or vehicle from which they may be selling to remain in front of any person's place of business without the consent of the occupant of such place of business, nor so as to obstruct the convenient travel and traffic of the street.

§ 261-17 Telephone poles.

No person or corporation shall set or cause to be set any telegraph, telephone, electric light or other poles upon any street or alley within the City, or string or hang any wire along or across any street or alley, unless authorized so to do by the City Council.

§ 261-18 Maintenance of space under sidewalk.

Every person owning property abutting any sidewalk, where the space under such sidewalk is used for a vault or any other purpose, shall keep the wall under the sidewalk in good repair.

§ 261-19 Depositing snow in streets.

No person within the City shall remove any snow from his private property or from off-street parking lots or right-of-way parking into any of the City streets or alleys. This section does not apply to removal of snow from sidewalks. This section is specifically directed to, but not limited to, gasoline stations, medical and dental clinics, or any other business or corporation which has private parking on its property or in those areas where the berm of the City has been dedicated or given over for parking facilities.

§ 261-20 Use of streets by charitable organizations. [1]

Charitable organizations, as defined in Section 2 of the Charitable Games Act (230 ILCS 30/2), may solicit on City sidewalks, streets and other public property, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met:
A. 
The persons to be engaged in the solicitation are law enforcement personnel, firefighters, or other persons employed to protect the public safety of a local agency, and that are soliciting solely in an area that is within the service area of that local agency.
B. 
The charitable organization files an application with the City.
(1) 
The applications shall be filed not later than 10 business days before the date that the solicitation is to begin and shall include all of the following:
(a) 
The date or dates and times of day when the solicitation is to occur.
(b) 
The location or locations where the solicitation is to occur, along with a list of three alternate locations listed in order of preference.
(c) 
The manner and conditions under which the solicitation is to occur.
(d) 
Proof of a valid liability insurance policy in the amount of at least $1,000,000, insuring the charity or local agency against bodily injury and property damage arising out of or in connection with the solicitation.
(2) 
The City shall approve the application within five business days after the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this section and are based on articulated public safety concerns. If the City determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the City may deny the application for that location and must approve one of the three alternate locations following the order of preference submitted by the applicant on the alternate location list. By acting under this section, a local agency does not waive or limit any immunity from liability provided by any other provision of law.[2]
[2]
Editor's Note: Original § 6.22, Sidewalk construction, of the 1998 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted by Ord. No. 08-18-03]

§ 261-21 Permission required for improvements.

No person, entity or property owner shall make or attempt to make any major improvements in the public right-of-way without permission from the Mendota Building Inspector.

§ 261-22 Improvements defined.

Improvements include, but are not limited to, permanent brick, wood, or concrete structures, curbs, sewer or water improvements, or any other permanent improvements located in the public-right-of-way.

§ 261-23 Responsibility for maintenance; liability for damages.

If any person, business, organization, corporation, owner, or tenant is granted permission to construct said improvement in the right-of-way, he or it shall be responsible for maintaining said improvement and shall also be responsible for any damages to municipal equipment while snow plowing or working on the street, and shall also be responsible for any liability for injury occurring to City employees or third parties because of construction of said improvement.

§ 261-24 Damages.

If said improvement is damaged by the City due to snow plowing, street work, utility work or improvements in the right-of-way, said person or entity owning the property shall be responsible for any damage to the improvement and shall hold the City harmless for any damages thereto.

§ 261-25 Utilities.

If any utilities existing in said right-of-way are damaged due to construction in the right-of-way, the owner shall be responsible for the repair of same.