[R.O. 2011 § 505.160; R.O. 2009
§ 54.030; CC 1981 § 24-3, 24-5; Ord. No. 09-91, 5-15-2009; Ord. No. 10-231 § 1, 11-10-2010; Ord. No. 13-178, 9-24-2013; Ord. No. 18-017, 2-6-2018; Ord. No. 18-082, 4-17-2018; Ord. No. 19-123, 6-4-2019]
A.
Generally. It is declared a nuisance to encumber any square or street within this City by placing or causing to be placed thereon any wood, barrels, boxes, crates, lumber, brick, stone, iron or iron junk or other articles, unless such articles are permitted to remain upon any such square, street, alley or sidewalk in the construction of any new building or in the removal, repair or alteration of any building or for the purpose of piling building material or tools; provided that such persons shall have first obtained a right-of-way usage permit from the Department of Engineering to use such square or streets for such purposes. The fee for a right-of-way usage permit shall be the amount stated in Section 150.030. This Section shall not apply to persons receiving or discharging any article in the way of regular business. In the event a permittee fails to restore the right-of-way or provide signage as required by Section 505.170 in the manner and to the condition required by the City, or fails to satisfactorily and timely complete the restoration work, the City, at its option, may do such work. In the event the City provides signage or performs restoration work, then the permittee shall reimburse the City, within thirty (30) days of billing, the cost of signage, equipment, materials, and labor to provide signage or restore the right-of-way. Failure of a permittee to timely reimburse the City, shall result in suspension of existing right-of-way usage permits and the further issuance of right-of-way usage permits.
[Ord. No.
21-106, 7-6-2021; Ord. No. 22-167, 12-20-2022]
B.
Obstruction Of Right-Of-Way; Security Required.
Whenever a right-of-way obstruction may alter the path of travel or
result in a lane closure of forty-eight (48) hours or greater, a permittee
shall furnish security in the form of cash deposit, letter of credit
or bond, in a form approved by the City Attorney, and in a minimum
dollar amount as set forth below or as determined by the Director
of Public Works that is sufficient to pay the cost of removal of the
obstruction and to provide signage. Security provided shall be used
to reimburse the City for its actual incurred cost of managing the
rights-of-way. A permittee possessing a restoration of public improvement
permit bond is exempt from this Subsection. The dollar amount of required
security shall be as follows:
[Ord. No.
19-207, 10-1-2019; Ord. No. 19-240, 11-19-2019; Ord. No. 22-167, 12-20-2022]
1.
For each cubic yard of rock, soil, and other construction material staged on a right-of-way and for dumpsters and portable storage units, the security for each shall be the amounts stated in Section 150.030; and
2.
For all other obstructions, including,
but not limited to, cranes, scaffolding, and excavation equipment,
the security shall be as determined by the Director of Public Works.
C.
Sidewalks To Be Kept Free From Obstructions. It shall be the duty of all persons owning or occupying any property in this City to keep the sidewalk and the area between the sidewalk and curb in front of such property free from obstructions; provided, however, that it shall not be unlawful for such owners or occupants to obstruct sidewalks when receiving or discharging any article in the way of regular business or with the placement of signage or barricade as required by Section 505.170. Any object obstructing a sidewalk or the area between the sidewalk and curb for more than twenty-four (24) continuous hours may be removed by the City and discarded. A special tax bill for the removal and disposal cost of any object obstructing a sidewalk or located in the area between the sidewalk and the curb shall be issued and enforced in the manner set out in code Section 220.100(B). Notwithstanding the foregoing, the owner of an automobile parked in a residential driveway that is less than twenty-two (22) feet in length in such a manner that the automobile blocks the sidewalk shall not be subject to enforcement of this restriction against blocking sidewalks, provided, the automobile is parked no further than five (5) feet from the front of the house.
[Ord. No.
19-240, 11-19-2019; Ord. No. 21-073, 5-4-2021]
D.
Basketball Goals In Cul-De-Sacs And Eyebrows Excepted Under Certain Conditions. Notwithstanding the provisions contained in Subsections (A) and (C) of this Section, a basketball goal may be situated on a right-of-way that abuts private property located on the bulb of a cul-de-sac or eyebrow; provided, that the owner of each residence with frontage on the bulb of the cul-de-sac or eyebrow signs a petition consenting to the periodic use of the cul-de-sac or eyebrow for basketball and the basketball goal can and shall be removed upon the direction of a Police Officer or Code Enforcement Officer.
E.
Improvements Within Easements. An improvement
shall not be installed or constructed so that it encroaches upon,
over, under or into a public utility easement. For purposes of this
Section, the word "improvement" includes, but is not limited to, fireplaces,
window wells, air conditioning units, retaining walls, generators
or sheds, but shall not include a fence. Roof eaves and overhangs
may encroach into an easement a distance not to exceed twelve (12)
inches.
F.
Exemptions. A request for an exemption from the requirements of Section 505.160(E) shall be made in writing by the owner of the property burdened by the public utility easement to the Director of Public Works. The property owner shall submit the written request along with a plan that identifies the proposed encroachment and an executed easement encroachment license in the form as provided by the City. The Director of Public Works shall investigate the exemption request and shall approve, deny or modify the request. An easement encroachment license shall not be for a period of time longer than the condition at the property that justified the exemption exists. Changes in conditions at the property may result in the Director of Public Works reviewing the exemption and may result in revocation or modification of the exemption. A property owner may appeal the denial of a request to the City Council. Said appeal shall be filed with the City Clerk within thirty (30) days of the date the denial is made. The City Council may affirm, reverse or modify the Director of Public Works' denial. Nothing in this Section shall be construed or interpreted to convey or provide any property right, contract right or cause of action to a property owner regarding an exemption.
[R.O. 2011 § 505.170; R.O. 2009
§ 54.031; CC 1981 § 24-4; Ord. No. 91-46, 3-8-1991; Ord. No. 19-123, 6-4-2019]
Whenever any obstruction of any nature
is necessarily left in or upon the roadway of any street, except vehicles,
or upon any sidewalk of the City, the owner of or the person so leaving
such obstruction shall at a minimum place or cause to be placed a
Type I or Type II barricade as defined in Section 6C-8 of the Manual
on Uniform Traffic Control Devices (MUTCD). A right-of-way usage permit
applicant shall provide with the permit application a drawing of the
work zone that depicts the proposed location of all traffic control
devices. The drawing shall be legible, is not required to be drawn
to scale, and is not required to be a sealed engineering quality document.
When a right-of-way obstruction reduces the number of lanes, results
in full street closure, alters the path of travel, changes traffic
patterns, or impedes the public use of the right-of-way, the permittee,
owner of, or the person so leaving the obstruction, shall provide
signage in addition to barricades. Traffic control devices shall be
MUTCD conforming, possess the most current engineering grade reflective
sheeting, and be in good maintained condition with 90% reflectivity.
[R.O. 2011 § 505.175; Ord. No. 14-256 § 1, 12-2-2014]
A.
The City may approve a right-of-way encroachment
license administratively in accordance with the following requirements:
1.
A request to encroach on a City right-of-way shall be submitted to the Director of Public Works with a plan that identities and provides the dimensions of the proposed encroachment and an executed right-of-way encroachment license in the form approved by the City. Requests to establish a sidewalk café on a public right-of-way shall comply with the procedures set forth in Code Sections 400.490 and 400.500.
2.
The Director of Public Works shall
investigate the request and shall approve, deny or modify the request.
3.
Denial of a right-of-way encroachment
license may be appealed to the City Council. Said appeal shall be
filed with the City Clerk within thirty (30) days of the date the
denial is made. The City Council may affirm, reverse or modify the
Director of Public Works' denial.
4.
Nothing in this Section shall be
construed or interpreted to convey or provide any property right,
contract right or cause of action to a right-of-way encroachment licensee.
[R.O. 2011 § 505.180; R.O. 2009
§ 54.032; CC 1981 § 24-15; Ord. No. 94-135, 6-21-1994; Ord. No. 07-162, 6-11-2007; Ord.
No. 21-106, 7-6-2021[1]]
A.
Street Closure And Parking And Speed Alterations.
The Mayor is authorized to temporarily close any street or part thereof
to vehicle or pedestrian traffic or to divert or re-direct vehicle
or pedestrian traffic thereon, and to alter parking restrictions or
speed limits in the case of street work, street improvements, and
construction on property adjoining a street or special events.
B.
Street Closure Or Traffic Diversion Permit
And Cost Recovery For Traffic Control.
1.
Any person desiring to temporarily
close a street or divert vehicular or pedestrian traffic on a street,
sidewalk or alley must first obtain a Department of Public Works street
closure and traffic diversion permit pursuant to the following requirements
or conditions:
a.
The permit must be applied for at
least fourteen (14) days prior to the first day of closure or diversion.
d.
The Director may issue the permit
with such conditions and requirements as are reasonably necessary
to protect the health, safety and welfare of the public and to minimize
the disruption to the continuity of vehicular and pedestrian traffic.
e.
The Director may deny the permit
for the following reasons if deemed in the public's interest:
(1)
The dates, times length
or location of the closure or diversion is not in the best interests
of the City;
(2)
The issuance of the
permit would negatively impact the health, safety or welfare of the
traveling public;
(3)
The applicant's failure
to restore the street or sidewalk to its previous condition for previously
issued permits;
(4)
The applicant's failure
to adhere to previous conditions of previously issued permits; or
(5)
The applicant's failure
to provide required information on the permit application.
2.
Each permit shall include the projected
start and end date and the times of closure or diversion. If such
dates and times are unknown at the time the permit is issued, then
the permit shall contain a condition that requires the permit holder
to provide the Director with reasonable advance notice of such dates
and times once they are determined.
3.
The permit fee for a temporary street
closure or traffic diversion that requires the placement of barricades
or other traffic control devices across the width of the street in
no more than two (2) locations shall be fifty dollars ($50.00), and
any closure or diversion in excess of the foregoing, the fee shall
be the cost of the labor and material to perform such work as estimated
by the Director. As an alternative to the fees set forth above and
for a fee of twenty-five dollars ($25.00), a person may provide a
plan for street closure or traffic diversion that is subject to the
approval of the Director.
[1]
Editor's Note: Ord. No. 21-106 also changed
the title of this Section from "Temporary Closing of Streets —
Altering of Parking Restrictions and Speed Limits" to "Temporary
Street Closure, Parking Restrictions And Speed Limit Alterations,
Permits And Cost Recovery Fees."
[R.O. 2011 § 505.190; R.O. 2009
§ 54.034; CC 1981 § 24-24; Ord. No. 86-17, 1-28-1986]
A.
No owner or person in possession of any
lot, tract or parcel of land shall permit any tree, shrub or other
vegetative matter on that lot, tract or parcel of land to grow within
such close proximity to a fire hydrant so as to prevent the viewing
of the fire hydrant from any location on the nearest street or public
right-of-way within fifty (50) feet of the fire hydrant.
