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.
[R.O. 2013 §520.025; Ord. No. 1842 §§1 — 2, 10-4-2010; Ord. No. 2036, 8-19-2019]
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.
[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.