[Code 1961 §7-38; CC 1976 §24-66]
Any person desiring temporarily to occupy any portion of any
public street, alley or sidewalk for any purpose whatever in connection
with the erection, removal, alteration or repair of any building or
other structure, shall apply to the Director of Public Works for a
permit for the temporary occupation aforesaid, and it shall be unlawful
to occupy or obstruct any street, alley or sidewalk, as aforesaid,
without a permit from the Director of Public Works.
[Code 1961 §7-43; CC 1976 §24-67]
The permission to occupy streets and sidewalks for purposes
of building is intended only for use in connection with the actual
erection, repair, alteration or removal of buildings and must terminate
with the completion of such operation. It shall be unlawful to occupy
any sidewalk or alley after the expiration of the time for which a
permit has been issued by the Director of Public Works.
[Code 1961 §7-39; CC 1976 §24-68]
The permit required by this Article shall only be issued by
the Director of Public Works upon the presentation of a building permit
authorizing the work which is to be done, and the Director of Finance's
receipt that the applicant has deposited with the Director of Finance
the sum of two hundred dollars ($200.00), without regard to the number
of permits, as a special fund, to be used by the Director of Public
Works to defray expenses by reason of a failure of the person to whom
the permit may be issued to keep the streets, alleys and sidewalks
adjacent to the premises on which the building operations are carried
out in a clean and orderly condition during the time for which permission
for such temporary occupation is asked.
[Code 1961 §7-40; CC 1976 §24-69]
It is hereby made the duty of any person carrying on any building
operations to keep the streets, alleys and sidewalks adjoining the
premises whereon such operations are conducted in a clean and orderly
condition during such operations, and to keep the streets, alleys
and sidewalks over which or upon which materials, rubbish or dirt
are being carried to or from the site, in good repair and in a clean
and orderly condition during such operations, and at the expiration
of the time stipulated in the permit, which shall not exceed the time
stipulated in the building permit, or whenever ordered by the Director
of Public Works, the person to whom the permit may be issued shall
remove all materials and rubbish from the streets, alleys and sidewalks
adjoining such premises and shall leave the same in a clean and orderly
condition.
[Code 1961 §7-41; CC 1976 §24-70]
The Director of Public Works is hereby authorized to clean the streets, alleys or sidewalks adjoining any premises on which building operations are being carried on, and the streets, alleys and sidewalks over which or upon which materials, rubbish or dirt have been carried to or from the site, and to repair the same, whenever they may be found in an unclean or disorderly or damaged condition. He/she shall remove or repile any building materials, rubbish or obstructions which may be found outside the spaces authorized to be occupied by his/her permit or within four (4) feet of any fireplug or electric conduit manhole. He/she shall issue a voucher for the payment of the cost of such cleaning or removal or repair, which shall be charged against and paid from the deposit provided for in Section 525.340.
[Code 1961 §7-41; CC 1976 §24-71]
Whenever the whole or part of the deposit required by Section 525.340 shall have been expended for the purpose herein described, the Director of Public Works shall notify the person to whom the permit may be issued to pay so much money into the City Treasury as will bring the deposit again up to the amount hereinbefore required, and in the event of the failure of the depositor to pay such additional sum, the Director of Public Works shall revoke the permit and it shall be unlawful to occupy any of the aforesaid streets, alleys or sidewalks with materials, dirt or rubbish after the revocation of the permit or to neglect or refuse to remove all materials, dirt and rubbish from the streets, alleys and sidewalks after having been notified to do so by the Director of Public Works.
[Code 1961 §7-42; CC 1976 §24-72]
It is not intended by this Article to prohibit the maintenance
of a driveway for the delivery of materials across a sidewalk from
the curb line to the building site. It shall be permitted, for the
purpose of delivering material to the basement of the building, to
elevate such temporary sidewalks to a height not exceeding four (4)
feet above the curb level of the street. Where excavations are made
under or across any sidewalk, the Director of Public Works is hereby
authorized to require such elevated temporary sidewalks to be erected,
so as to afford safe and convenient passage. Such elevated sidewalks
shall be provided with good substantial steps on both ends of the
same, and shall have railings on both sides thereof.
[Code 1961 §7-43; CC 1976 §24-73]
It shall be unlawful to occupy a sidewalk, street or alley,
under authority of the permit under this Article for the storage of
articles not intended for immediate use in connection with the operations
for which such permit has been issued.
[Code 1961 §7-43; CC 1976 §24-74]
If the written consent and a waiver of claims for damages against
the City of the owners of the property abutting upon the site of the
proposed building is first obtained and filed with the Director of
Public Works, the permission to occupy the roadway may be extended
beyond the limits of such building, upon the same terms and conditions
as those herein fixed for the streets in front of the building sites
themselves.
[Code 1961 §7-44; CC 1976 §24-75]
Whenever any person who has a deposit with the Director of Finance
for the purpose of taking out permits as herein described desires
to withdraw the deposit, he/she shall notify the Director of Public
Works, who thereupon shall certify to the Director of Finance a voucher
for the unexpended balance of the deposit; provided, that all streets,
alleys or sidewalks have been cleaned and repaired as required by
this Article, to the satisfaction of the Director of Public Works.
The Director of Finance shall thereupon draw his/her warrant in favor
of the person for the amount standing to the credit of the special
fund created by the payments herein provided, and shall take his/her
receipt in full of all claims against the City on account of the payments.
[Code 1961 §7-42; CC 1976 §24-76]
During the progress of building operations under the provisions
of this Article, at least one-third (⅓) of the sidewalk in
front of the premises of the building for which the permit is granted
shall be at all times kept free and unobstructed for the purposes
of passage, and clear of rubbish, dirt and snow. Such sidewalks must,
if there are excavations on either side of the same, be protected
by substantial railings which shall be built and maintained thereon
so long as such excavations continue to exist.
[Code 1961 §7-42; CC 1976 §24-77]
Lighted red lanterns, torches or flares shall be displayed and
maintained during the whole of every night at each end of every pile
of material in any street or alley and at each end of every excavation.
[Code 1961 §7-42; CC 1976 §24-78]
Brick, asphalt and bituminous macadam paving shall be protected
with wood covering composed of one (1) inch plank before any material
is placed on it.
[Code 1961 §7-42; CC 1976 §24-79]
Earth taken from excavations and rubbish taken from buildings
must not be stored upon the sidewalk or roadway of streets or alleys,
and must be removed from day to day as rapidly as produced.
[Code 1961 §7-42; CC 1976 §24-80]
Where dry rubbish, dirt or other material likely to produce
dust is being handled, it must be kept wet so as to prevent its being
blown about by the wind.
