Cross References — As to buildings and building regulations, ch. 500; as to unsafe buildings, ch. 505; as to motor vehicles and traffic, Title III; as to parks and recreation, ch. 225; as to planning and development, ch. 400; as to water and sewers, ch. 535 and ch. 540; as to subdivisions, ch. 410; as to city engineer, §115.220; as to improvement of street under building permit, §520.010; as to posting advertisements, §605.040; as to obstructing streets and sidewalks, §210.2510 et seq.; as to major street plan, §400.160.
[R.O. 2013 §520.010; CC 1984 §4-8; Ord. No. 393 §§1 — 2, 9-24-1962]
A. 
All lot owners, builders and other persons desirous of obtaining building permits in the City shall, prior to the issuance of said building permit, provide the issuing officer of the City with plans and specifications for the improvement of any streets not heretofore improved or accepted by the City, and in addition thereto shall post bond in an amount equal to the amount of said street improvement cost.
B. 
Upon the acceptance by the Code Enforcement Officer of the plans and specifications for said street improvement, and upon receipt of the aforementioned bond, the building permit shall be issued to the applicant.
[R.O. 2013 §520.020; CC 1984 §17-2; Ord. No. 395 §§1 — 2, 4 — 7, 12-20-1961; Ord. No. 684 §1, 6-4-1979; Ord. No. 1047 §1, 10-16-1991]
A. 
Every person, before making any excavation for any purpose whatsoever in the streets, highways, drives, sidewalks or in or upon any public place in the City or within two (2) feet thereof, if within the City right-of-way, shall secure a permit so to do.
B. 
Such permit shall be issued on written application to the Code Enforcement Officer, which application shall be accompanied by a permit fee of three dollars ($3.00) and a deposit to insure proper filling and resurfacing of such excavation of a sum in an amount not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and hold same for ninety (90) days in the discretion of said Commissioner. In the event the proposed excavation exceeds eight (8) feet in length or eight (8) feet in width, the permit fee shall be an amount equal to five cents ($0.05) per lineal foot of excavation or three cents ($0.03) per square foot of area excavated, whichever is less, but in no event shall it ever be less than three dollars ($3.00) per opening.
C. 
Said deposit shall be refunded to the person making the same in a period of not less than sixty (60) days nor more than six (6) months in the discretion of the Code Enforcement Officer, provided that said excavation has been properly refilled with one and one-half (1½) inch minus crushed limestone and resurfaced; otherwise, said Commissioner is hereby authorized to declare said deposit forfeited in full to the City and to use the same or so much thereof as is necessary to refill and resurface the said excavation and restore the terrain to its former condition.
D. 
In lieu of placing on deposit a sum of five hundred dollars ($500.00) and hold same for ninety (90) days to cover each excavation, any person having occasion to make frequent openings or excavations may make and maintain a standing cash deposit of five hundred dollars ($500.00) and hold same for ninety (90) days with the City to insure proper filling and resurfacing of such excavation made by such person.
E. 
The provisions of this Section requiring a permit before any work is commenced shall not apply in emergencies where the public safety or welfare is endangered, but such work may immediately proceed, provided a permit is applied for and issued as soon as practicable after the work is commenced.
F. 
It shall be the duty of the Police and members of the Street Department to report to the Mayor any excavation or opening in or being made in any street, alley, highway, sidewalk, curb, parkway, tree lawn or public place and to ascertain whether the provisions of this Section have been complied with. An arrest shall be made of persons violating the provisions hereof, and said work shall be stopped until compliance is made herewith.
G. 
No person shall make any opening or excavation, with or without permit, in any street, highway, alley, sidewalk, parkway, tree lawn or public place in the City without providing, during the progress of the work and until said excavation has been backfilled and the surface restored, barricades around the same as a warning to the public, and between sunset and sunrise lights or red lanterns around said excavation, lighted, and sufficient in number and placed in such a manner as to be clearly visible in all directions.
[1]
Cross Reference — As to taking or depositing earth, §210.1260.
[R.O. 2013 §520.025; Ord. No. 1842 §§1 — 2, 10-4-2010; Ord. No. 2036, 8-19-2019[1]]
A. 
It shall be unlawful for any person to park or place a dumpster, construction trailer, storage trailer, PODS or similar device upon any public street, highway, roadway, sidewalk, or other public right-of-way or easement. It shall further be unlawful for any person to park or place a dumpster, construction trailer, storage trailer, PODS or similar device upon any private property within any residential zoning district of the City without first obtaining a permit from the Community Development Director or his/her designee and paying a fee of twenty-five dollars ($25.00) as and for administrative processing and handling of said permit. Such permit shall specify the dates of commencement and cessation of the proposed placement, not to exceed fourteen (14) days for storage trailers, PODS or similar devices and thirty (30) days for dumpsters or construction trailers. No more than three (3) permits may be issued in any twelve (12) month period for the same property. The permit shall allow only one (1) device per lot, and the dimensions of said device shall not exceed sixteen (16) feet by eight (8) feet by eight (8) feet (i.e., 16' x 8' x 8).
B. 
No permit shall be required for dumpsters and/or construction trailers employed in the construction of a new residence, nor shall a permit be required for use of a storage trailer, PODS or similar device for a period of four (4) days or less provided, prior notice of such intended use shall first be given to the Community Development Director or his/her designee.
Exception: Such permit shall not be issued unless in the judgment of the Director of Community Development:
1. 
No reasonable or viable alternative exists for placement of such device; and
2. 
Such placement will not interfere with the safe movement of pedestrian or vehicular traffic.
C. 
The Director of Community Development shall have the authority to grant exceptions to the provisions of this Section upon a showing of exigent circumstances. A request for exception must be made in writing and specifically state the reasons for the request.
[1]
Editor's Note: Ord. No. 2036 also changed the title of this Section from "Regulation of Pods" to "Regulation of Portable Storage Containers, Trailers, Pods and Dumpsters."
[R.O. 2013 §520.030; CC 1984 §17-1; Ord. No. 517 §§1 — 2, 8-16-1972]
A. 
It shall be the duty of the Mayor, and he/she is hereby authorized, to execute on behalf of the City any and all affidavits which may be required by law or ordinance, rules or regulations of the County from year to year, or at any time in the future, to enable the City to collect all refunds or sums of money which may be due and payable to the City from the County Road and Bridge Fund, including (but not limited to) an annual affidavit showing how such funds will be or have been spent for the improvement and repair of public roads, streets and bridges within the corporate limits of the City.
B. 
Such affidavit shall be filed within two (2) years following December thirty-first (31st) of the year in which the particular tax was levied.