[CC 2001 §12.04.010; Ord. No. 9.01 §1, 4-5-1921]
The streets and alleys as shown and marked upon the official
plat on the record in the office of the County Clerk at Farmington,
St. Francois County, Missouri, are declared to be the official streets
and alleys for the City.
[CC 2001 §12.04.020; Ord. No. 9.01 §§2 — 3, 4-5-1921]
A space not more than six (6) feet wide along the sides of each
street shall constitute the sidewalk space and whether made or improved
or not shall be taken as the official designation for sidewalks.
[CC 2001 §12.04.030; Ord. No. 6.14 §1, 4-10-1984]
A.
Every
owner or occupant of any premises fronting or abutting on any sidewalk
in the City shall keep the sidewalk in front of or abutting on such
premises in good repair. Every person, owner or occupant of any such
premises fronting or abutting on any such sidewalk which shall be
in need of repair, failing, neglecting or refusing to repair such
sidewalk within thirty (30) days after notice to the same given by
the City administration shall be deemed guilty of an ordinance violation.
C.
The
City Council may extend the time of compliance, direct that the City
Administrator order additional persons to repair the sidewalk, order
that the City bear a portion of the cost or such requested relief
as it finds fair and equitable. Should an appeal be directed to the
City Council, enforcement shall be abated pending their decision.
[CC 2001 §12.08.010; Ord. No. 9.07A §9, 5-11-1999]
No person shall make or cause to be made any cuts or excavations
in, through or under any street, sidewalk, alley or public place in
the City for any purpose whatsoever without a permit therefor being
first obtained from the Building Inspector, which permit shall not
be issued until the applicant has complied with the Sections of this
Article requiring payment of a fee therefor and requiring a cash bond
therefor.
[CC 2001 §12.08.020; Ord. No. 9.07A §10, 5-11-1999]
A.
All
applications for a permit under the provisions of this Chapter shall
be signed by the person or his/her duly authorized agent who desires
to do the work designated in the application. No such application
shall be assignable and no person shall allow his/her name to be used
to obtain a permit for any other person.
B.
The
applicant for permit shall designate on the map or diagram placed
upon the back of the application, the location of the proposed cut
or excavation to be made, in such a manner that the house number or
lot number in front of which and the side of the street upon which
the same is to be made shall be plainly indicated. The map or diagram
shall also show the dimensions and character of the proposed cut or
excavation, as well as the method and character of the proposed repavement
or resurfacing of the proposed cut or excavation.
C.
Applications
shall be submitted to the Building Inspector.
[CC 2001 §12.08.030; Ord. No. 2002-13 §1, 7-9-2002]
The sum of seven dollars fifty cents ($7.50) shall be charged for each permit issued under this Article. In addition to the seven dollar fifty cent ($7.50) fee, the applicant shall pay the cost of labor, equipment and materials for repair of City street and appurtenances. Labor rates will be charged at the actual hourly cost of City employees involved in the repair. Equipment rates will be set at the going rate for equipment rental and approved by the City Council each year. The applicant shall comply with Section 515.070(B). The fee, if paid by check, money order, bank draft or other negotiable instrument, shall be made payable to the "City of Bonne Terre, Missouri".
[CC 2001 §12.08.040; Ord. No. 9.07A §12, 5-11-1999]
A.
Amount And Purpose. Before any permit under this Chapter
shall be issued for cutting or excavating in, through or under any
street, sidewalk, alley or public place in the City, the applicant
for the permit shall have deposited a cash bond with the City Clerk
in the amount of five hundred dollars ($500.00) lawful money of the
United States. This money shall be maintained and held by the City
to protect the City on account of any expense it may incur in repairing,
refilling, paving or resurfacing any cut or excavation that may be
made in the streets, sidewalks, alleys or public places.
B.
Additional Amount. The City Administrator may require such
additional sums over five hundred dollars ($500.00) to be deposited
by the person making the application as he/she determines from time
to time is reasonably necessary to protect the City for any expense
it may incur under this Article.
[CC 2001 §12.08.050; Ord. No. 9.07A §13, 5-11-1999]
Each cut or excavation for which a permit is granted under this
Chapter shall be completed within fifteen (15) days from the date
of issuance of the permit therefor and, in the event of default thereof,
a new permit shall be required before the cut or excavation is made
and a new cash bond may be required if so determined by the Building
Inspector. An extension of time of fifteen (15) additional days, if
requested, may be granted by the Building Inspector for good cause
shown.
[CC 2001 §12.08.060; Ord. No. 9.07A §14, 5-11-1999]
A.
Barriers And Lights Required. Any person who shall for any
purpose make or cause to be made any excavation in, upon, under or
adjoining any street, sidewalk, alley or other public place and who
shall leave any part or portion thereof open or shall leave any part
or portion thereof obstructed with rubbish, building or other materials
during the daytime or nighttime shall cause the same to be enclosed
with good, substantial and sufficient barriers and shall cause one
(1) yellow light to be securely and conspicuously posted in or near
any such excavation, building material or obstruction, providing that
the obstruction does not extend more than ten (10) feet in length.
If the obstruction extends more than ten (10) feet but less than fifty
(50) feet in length, two (2) yellow lights, one (1) at each end, shall
be so placed and one (1) additional light for each additional fifty
(50) feet or part thereof shall be so placed. Each light required
shall be kept flashing or burning during the entire period from the
time of the opening of the excavation or cut until the excavation
has been properly resurfaced or repaved and opened for travel. The
maintenance of these barricades or lights in and around excavations
during the entire period is the sole responsibility of the person
making the cut or excavation.
B.
Work To Be Done With Dispatch. The making of any such cut
or excavation, the placing or repairing of facilities therein, the
refilling of the cut or excavation and the repaving or resurfacing
of any cut or excavation shall be done as expeditiously as possible
consistent with good construction practices and if the same is not
so done, in the opinion of the City Administrator, the City Administrator
shall have the right to perform or cause to be performed the remaining
work necessary and to charge the cost of labor and materials thereof
against the cash bond of the person to whom the permit was issued
or in the event the reasonable cost of labor and materials exceed
the amount of the cash bond to whom the permit was issued, the City
Administrator may require reimbursement of the cost therefrom from
the person making application for the permit.
[CC 2001 §12.08.070; Ord. No. 9.07A §15, 5-11-1999]
A.
Compliance With Permit Required. The person making a street
cut or excavation shall perform it in the manner designated on the
permit obtained for that purpose.
B.
Authority To Regulate Hours Of Work. The City Administrator
is empowered to require that any operation which seriously interferes
with the movement of traffic on any street be conducted on a continuous
basis or that the operation be discontinued in order that interference
with the proper and safe movement of traffic may be eliminated at
the earliest possible time.
C.
Emergency Authority. Notwithstanding the provisions of this
Section, in the event of an emergency caused by a telephone or power
line break, sewer or water line break or gas line break affecting
service or resulting in major failure of service, where it is essential
for the protection of public property, health and safety, it shall
be permissible to conduct excavation, open manholes, backfill, repair
operations or paving in the roadway of any street in the City during
any period of the day; provided that the work is performed continuously
until the period of emergency has terminated, whereupon the other
provisions of this Section shall again become effective. The City
Administrator shall be the person responsible for declaring when any
such emergency begins and ends. The Police Department shall be promptly
notified of any emergency work performed herein on any City street.
Any City street cut on public right-of-way shall be straight, uniform
and sides parallel. Cuts shall be neatly made with a pavement breaker,
spade or saw and keeping the size of the opening to a minimum.
[CC 2001 §12.08.080; Ord. No. 9.07A §16, 5-11-1999]
A.
Any
person who causes to be made any cuts or excavations in, through or
under any street, sidewalk, alley or public place in the City for
any purpose whatsoever shall refill all cuts and excavations according
to the following standards:
1.
Refilling and resurfacing. On concrete streets or
driveways, backfill shall consist of compacted granular material to
within six (6) inches of the top or thickness of existing pavement
or whichever is greater. The remaining six (6) inches shall be filled
with Portland cement mix consisting of at least five (5) bag mix.
The repair shall be matched as closely as possible to the adjacent
undisturbed concrete.
2.
On asphalt streets or driveways, backfill shall consist of compacted
granular material to within five and one-half (5½) inches of
top, four (4) inches of the remaining depth shall be filled with Portland
cement mix concrete of at least five (5) bag mix. The remaining one
and one-half (1½) inches shall be filled with commercial hot
mix asphalt by the City, which cost shall be recovered from the permit
fee. Any refill is to be inspected by the City Administrator or representative
prior to the initiation of repaving or resurfacing of any cut or excavation.
3.
Substandard, deteriorated streets — large areas. Should the street be substandard or so deteriorated that a standard
repair cannot be made, the City Administrator or designated representative
shall prescribe the appropriate repair and materials. Where cuts and
excavation cover extremely large areas or are widely scattered throughout
the City, the method of charges and time limits shall be negotiated
by the City Administrator or designated representative.
4.
Refilling — failure to perform. In the event
of the failure of any person to refill any excavation as required,
the City Administrator shall have the right to make or cause to be
made any and all refills and to require reimbursement of the cost
thereof from the person making the excavation, with payment for any
such cost to be made in the manner hereinafter prescribed.
5.
Cleanup after refill. The person making any such
refill shall be required to clean up and haul away all surplus earth,
rock or rubbish within twenty-four (24) hours after the refill has
been completed and in the event of default thereof, the City Administrator
shall have the right to remove or cause to be removed any such earth,
rock or rubbish, to require reimbursement of the cost thereof from
the person making the cut or excavation, with payment for the cost
of labor and materials to be made in the manner hereinafter prescribed.
6.
Notice of intent to refill to be given. Any person
making a cut or excavation shall notify the City Administrator or
representative of his/her intention to commence the refill of the
cut or excavation at least four (4) hours prior to the actual commencing
thereof.
[CC 2001 §12.08.090; Ord. No. 9.07A §17, 5-11-1999]
A.
Character — Quality Of Work. Any person making a cut,
opening or excavation in any public road, street, boulevard, alley
or any other public place shall execute the work and operation in
a complete and workmanlike manner, utilizing equipment and methods
which will cause a minimum of damage to the structural elements and
components of the pavement of the road, street, boulevard, alley or
roadway. The width of the cut or excavation shall be no greater than
that necessary for doing the work. Any person making a cut, opening
or excavation as aforesaid shall also refill and resurface or repave
and complete in a workmanlike manner, utilizing equipment and methods
which will cause a minimum of damage to the structural elements and
components of the pavement of the road, street, boulevard, alley or
roadway and to place the street, sidewalk, alley or public place in
as nearly same condition as immediately prior to the issuance of the
permit provided for.
B.
Permit Fee Or Person Failing To Perform To Be Liable For Payment. Any permittee or any other person who fails to comply with the provisions
of this Article shall pay to the City the cost of labor and materials
necessary to enable the City to complete the work in accordance with
this Article. It shall be the duty of the City Administrator to make
charges for any work completed by the City by order of the City Administrator
for failure of the permittee or any other person to perform the work
in a timely and workmanlike manner as set out in this Article. The
City Administrator shall make out a list of the cost of labor and
materials necessarily expended or incurred by the City, which charges
shall be made known to the person making any such cut or excavation
within ten (10) days after the work is completed by the City. If any
charge so made by the City remains unpaid after the tenth (10th) day
of the following month, no further permits for any excavation shall
be issued to any such person until the charge has been paid. Unless
any such charges so made shall be paid within the time above mentioned,
the amount due the City therefor shall be taken out of the permittee's
cash bond and no further permits shall be issued to any such person
until their cash bond shall again be brought up to five hundred dollars
($500.00). Unless any such charges so made shall be paid within the
time above mentioned and the amount due the City therefor exceeds
the amount of their cash bond, the City Attorney may be authorized
to collect any such charges in the manner provided by law.
[CC 2001 §12.08.100; Ord. No. 9.07A §18, 5-11-1999]
Whenever any property owner or any person representing him/her
shall have stated in his/her application or a permit to excavate through
or under any sidewalk that he/she desires to repair the sidewalk himself/herself
or by his/her representative and that he/she will guard the excavation
or defective sidewalk, until repairs are made, by barricades and lights
and that the sidewalks shall be repaired within forty-eight (48) hours
after the excavation through or under the sidewalk has been completed,
then the property owner or his/her representative shall have the right
to repair the sidewalk, provided any such repairs be made under the
supervision and inspection of the City Administrator or his/her delegate.
[CC 2001 §12.08.110; Ord. No. 9.07A §19, 5-11-1999]
All payments of charges provided for in this Chapter shall be
remitted to the City Clerk to be placed to the credit of a street
bond account.
