[R.O. 1952 §23.19; CC 1988 §24-21]
A.
It shall
be unlawful for any person to build or cause to be built within the
City any house, building or structure without complying with the following
provisions:
1.
If any
excavation is made within ten (10) feet of the sidewalk or street,
it shall be the duty of the owner of the building or structure proposed
to be erected or contractor, if the work is being done in whole or
in part by a contractor, to keep a fence or guard around the same,
allowing sufficient gateway for the ingress and egress of employees.
During the hours of darkness, there shall be maintained at each end
or corner of such fence or guard, flashing amber lights, which shall
be kept burning throughout the night.
2.
During
the construction of such building or structure, the contractor or
owner thereof shall be entitled to use, if necessary, one-third (1/3)
of the roadway and all of the sidewalk adjoining the property upon
which to pile materials and to facilitate the prosecution of such
work. It shall be the duty of the contractor and owner continuously
to keep two-thirds (2/3) of the roadway between curb lines open and
unobstructed. They shall further construct, in front of such building
or structure, when any excavation extends to the property line or
to within ten (10) feet thereof, a fence or guard of sufficient height
and substantial enough to prevent foot passengers from falling into
such excavation. It shall be the duty of the contractor and owner,
at all times, to maintain proper barricades around all piles of material
and guards of sufficient height and substantial enough to prevent
foot passengers from falling therein and to maintain all necessary
lights upon all such places of danger, barricades and piles of material
at night to prevent anyone from being injured by reason of the same;
provided, that no part of the alley abutting upon such property shall
be obstructed in any manner.
[R.O. 1952 §23.20; CC 1988 §24-22]
In the construction of any building more than one (1) story
high, when the same is built within ten (10) feet of the property
line, it shall be the duty of the owner or contractor, if the work
is being done by contract, to build or construct an awning or bridge,
not less than ten (10) feet high, of sufficient width and durability
to protect persons passing such building or structure.
[R.O. 1952 §23.21; CC 1988 §24-23]
Within five (5) days from the completion of the building or
structure, the owner or contractor, if the work is done by contract,
shall remove all material and rubbish from the streets, sidewalks
or alley near such structure, so that they shall be in as good condition
as they were before such work was commenced.
[CC 1988 §24-32; Ord. No. 2469 §4, 7-2-1973; Ord.
No. 3437 §1, 1-17-2001; Ord. No. 3932 §1, 3-19-2012]
A.
No person shall plant trees and shrubbery in the street right-of-way without first obtaining a permit as outlined in Article III of this Chapter. Trees and shrubbery shall be placed so as not to obstruct the vision of vehicular traffic or interfere with overhead utility lines. Nothing herein contained shall prevent the planting of bluegrass or other type of grass upon the right-of-way.
B.
Trees
and shrubbery located in the public right-of-way shall be maintained
by the abutting property owner.
C.
Dead
trees and shrubbery located in the public right-of-way shall be removed
by the abutting property owner. If the abutting property owner does
not comply with a written notice to remove dead trees or shrubbery
within fifteen (15) days, the City may have the tree removed and the
cost assessed to the abutting property owner as provided by law in
the case of special assessments. The special assessment shall include
an administrative fee of ninety dollars ($90.00) as an added cost
of the removal or abatement of such nuisance.
