[Ord. No. 302, §§ 1
— 3, 5-15-1956; Code 1965, § 9.21]
The following standards shall be observed by the Public Works
Department, developers and subdividers, and by the Planning and Zoning
Commission, in the approval of subdivision plats: All street pavements
in the City constructed after May 15, 1956, shall be 30 feet wide
unless, after a hearing and consideration of all the facts, the Board
of Aldermen determines that a pavement less than 30 feet wide will
be sufficient to handle the traffic in a satisfactory manner; in which
event, a special permit authorizing a pavement less than 30 feet wide
may be granted by the Board of Aldermen.
[Code 1965, § 9.22; Ord. No. 1217, § 1, 7-28-1970]
(a)
Generally. All public streets, sidewalks, curbs, alleys and ways
in the City shall be constructed according to standard specifications
to be prepared by the Director of Public Works, conforming as nearly
as possible to the specifications used by the county.
(b)
Driveways; culverts. Driveway entrances extending into the right-of-way
of a public street, alley or way or crossing any sidewalk or requiring
a curb cut or the location and installation of a culvert in or adjacent
to the right-of-way must be built according to plans and specifications
to be approved by the Director of Public Works.
(c)
Private streets.
(1)
Private streets and sidewalks which are constructed and surfaced
by the property owners preliminary to the dedication of the streets
as public thoroughfares shall be built to the same specifications
as required in the case of public streets and sidewalks.
(2)
Private streets which must be used by the police and Fire Departments
of the City must be maintained so as not to constitute a threat of
injury to City personnel or damage to City equipment. When in the
opinion of the Director of Public Works a private street constitutes
such a threat to City personnel or City equipment, the Director of
Public Works shall give the owners of said private street one month's
notice to correct said condition stating what corrective steps must
be taken. If, at the end of said month, said property owners have
failed to commence said repairs or have neglected or refused to make
said repairs, they shall be prosecuted in a like manner as with other
ordinance violators as provided in this Code.
(3)
The Director of Public Works, in determining what constitutes a threat
to City personnel or City equipment, shall consider breaks in pavement,
inadequate drainage, chuck holes, uneven surfaces varying more than
four inches in elevation in four lineal feet of horizontal distance,
and inadequate base material private roads must have an adequate base
course and surface to support all City vehicles under saturated ground
conditions without settlement of the road. The surface of any private
street must have a minimum width of 10 feet with sufficient radii
at intersections to permit access by City equipment without reversing
directions in negotiating the turns. The Director of Public Works
may specify any additional reasonable requirements in order to protect
City employees and equipment from injury and damage due to the use
of said private streets.
[Ord. No. 444, §§ 4
— 7, 9, 10, 6-3-1958; Code 1965;
§ 9.23]
(a)
Notice to Director. No construction work, except grading, shall commence on any of the streets, sidewalks, curbs, ways, alleys or driveway entrances referred to in § 24-2, nor shall any curb on any public street be cut until at least 48 hours' notice of intention to commence work is given to the Director of Public Works by the owners, developers or contractors.
(b)
Deposit. Before any work shall commence on any such streets, sidewalks,
curbs, ways, alleys or driveway entrances or before any such curb
is cut, the owners, contractors or developers shall deposit with the
Director of Public Works $50 for each day that any construction or
surfacing work is to be done.
(c)
Inspection. The Director of Public Works shall cause a qualified
inspector to be present during the construction of such streets, sidewalks,
curbs, ways, alleys or driveway entrances, and the Director of Public
Works or the inspector on the job shall have authority to condemn
any material not meeting the standards specified by the Director of
Public Works. If any portion of the street fails to meet the minimum
requirements in the Director of Public Works' specifications, the
Director of Public Works or inspector on the job shall cause all work
on the street or other streets in the subdivision to be stopped until
the unsatisfactory conditions are remedied.
(d)
Removal of substandard work. If any portion of any street, sidewalk,
curb, way, alley or driveway entrance is constructed contrary to the
provisions of this section, in the absence of the Director of Public
Works or inspector, the latter may order the installed material removed
unless the contractor, builder or developer shall cause borings and
other tests at his expense, according to the requirements of the Director
of Public Works and satisfying him that the work done is in conformity
with the applicable specifications.
(e)
Contract work. The provisions of this section shall apply to construction
of streets under contract with the City itself, except that in such
case the contractor shall not be required to pay the inspection fees
provided for above.
(f)
Liability. The owner, developer and contractor shall be jointly and
severally responsible for all notices required hereunder, for the
payment of the inspection fees provided for and for failure to have
an inspector present or for failing to comply with any lawful order
of the Director of Public Works or inspector.
[1]
Editor's Note: Former §§ 24-4 — 24-6,
which pertained to excavations in streets and derived from Ord. No.
23, adopted 12-27-1949, as amended, were repealed 9-10-2002 by Ord.
No. 3746.
[Ord. No. 23, § 13, 12-27-1949; Code 1965, § 9.15]
It shall be unlawful for any person to cause or permit to be
placed, thrown or to leak or spill from a vehicle or otherwise upon
the pavement or surface of any street, sidewalk, alley or public place
any liquid asphalt or substance, liquid or material which might thereby
be calculated to endanger, impede or inconvenience the movement of
vehicles or pedestrians or render the surface of such street, sidewalk,
alley or public place rough or uneven.
[Ord. No. 23, § 25, 12-27-1949; Code 1965, § 9.19]
No person shall destroy, remove or interfere with the use of
streets, pavements, shoulders, ditches, curbs or sidewalks, or cause
or permit undue erosion of abutting, adjoining or nearby shoulders
or ditches by casting upon them or in them an unnatural flow of surface
or drain water.
[Ord. No. 23, §§ 9
— 11, 12-27-1949; Code 1965, § 9.13]
(a)
It shall be unlawful for any person to obstruct or occupy with building
materials or equipment, dirt piles, articles or materials of any kind
which prevent free passage or use by the public, more than 1/2 of
any sidewalk or more than 1/3 of any public roadway, or to in any
manner obstruct the free passage of water in any gutter, drain or
alley with such materials or articles.
(b)
Each applicant for a building permit for the construction, alteration
or repair of any building or structure before such permit is issued,
shall make a deposit in cash with the City Clerk/Collector with respect
to the proposed work to insure that all building materials and debris
occupying any street, alley, sidewalk, parkway or public place in
connection with the work will be safeguarded as required by this section
and promptly removed, that all damages will be compensated for, the
provisions of this section complied with and conditions restored equal
to those existing prior to the commencement of the work. The deposit
shall be refunded after full compliance herewith subject to the deductions
authorized in this section and the inspection fee. The amount of the
deposit shall be $50.
(c)
The Director of Public Works shall cause an inspection of the location
mentioned in the application for building permit before the work is
commenced and after it is completed and shall open and clean out any
gutter, drain, street, inlet or manhole that may become obstructed
by the aforesaid building materials, debris, articles or materials
of any kind and shall repair any damage to the street, alley, sidewalk,
curbing, gutter, drive, parkway or public place arising out of said
work and restore the same to a condition equal to that existing prior
to commencement of work, provided the contractor or person responsible
does not within 24 hours after being notified remove such obstructions
and make said repairs and restoration. The cost of such repairs and
restoration made by the City shall be deducted from the deposit, together
with an inspection fee of $5.
[Code 1965, § 9.03; Ord. No. 1215, § 1, 7-28-1970; Ord. No. 3376, §§ 1, 2, 9-12-1995]
(a)
No person shall deposit or permit to remain on any highway, street,
alley, sidewalk, parkway or other public place, except by street use
permit as provided in this chapter, any building material or equipment,
rubbish, coal, debris, dirt piles, materials of any kind, chattels
or property which might obstruct the free use thereof, or hinder vehicular
or pedestrian traffic. In case of necessity, an obstruction may be
so placed if the person so doing removes the same without unnecessary
delay and if such person places lighted barricades around such obstruction
in conformance with the manual of uniform traffic control devices.
(b)
(Reserved)
[Ord. No. 48, §§ 1,
2, 7-25-1950; Code 1965, § 9.04]
(a)
Any toys, velocipedes, tricycles or other playthings or personal
property left or placed upon any public street, sidewalk, alley or
other public area of any kind or description, which constitutes a
hazard to pedestrians or vehicles or traffic, in the City, shall be
removed and impounded by the City.
(b)
Any property has been so taken and impounded, a reasonable effort
shall be made by the Police Department to determine the ownership
thereof, and to notify the owner verbally or in writing that the property
has been impounded and that it may be redeemed within 30 days from
the date it was taken into custody.
[Ord. No. 48, §§ 4
— 6, 7-25-1950; Code 1965, § 9.05]
(a)
The owner may redeem any property impounded under § 24-11, within a period of 30 days from the date it is taken into custody, upon the payment of an impounding fee of $1 and repayment to the City for any costs it may have incurred in removing and storing the property.
(b)
In the event of the failure of the owner to redeem the property within
such period of time, the Chief of Police, in behalf of the City, may
sell the property, after at least three days' notice of the time,
place and the terms of the sale have been posted in at least five
public places in the City, to the highest and best bidder for cash,
and out of the proceeds of sale there shall be turned over to the
City Finance Officer/Treasurer the impounding fee and costs of removal
and storage and of the holding of the sale, if any, and the balance,
if any, shall be tendered to the owner, if known. If the owner cannot
be found within a period of 90 days after the sale, or if the owner
refuses, the funds shall be turned over to the City Finance Officer/Treasurer
for municipal purposes. The City may bid on and become the purchaser
of any such property offered for sale.
(c)
If the article of property is unsalable, the Chief of Police may
give it away or destroy it.
(d)
If the owners of the property or articles impounded do not redeem
them and it is impossible to realize the full amount of the impounding,
removal and storage charges and other expenses out of the sale of
the property, the owner of the property or articles shall be liable
to the City for the balance remaining due to it, and such balance
may be recovered in a civil action before any court of competent jurisdiction.
[Ord. No. 113, 9-23-1952; Code 1965, § 9.06]
(a)
It shall be unlawful for any railroad or railway company or any officer
or director thereof, or for any employee of any such company, to occupy,
by means of a car or cars or train of cars or locomotive or tender,
for more than five minutes, any public street within the City.
(b)
This section shall not apply to trains moving continuously in one
direction which may require more than five minutes to pass a crossing,
but if any such train shall stop for a period of one minute or more,
couplings shall be disengaged at such crossings and passage of vehicles
and traffic permitted until the train is ready to proceed. The provisions
of this section against blocking and obstructing streets shall apply
to trains which are not actually in or upon a crossing but which are
in sufficient proximity thereto that the gates across the public street
are closed, and it shall be the duty of the railroad officers, directors
and employees thereof to move the train, cars, locomotive or tender
away from the crossing a sufficient distance to allow the gates to
be opened after each five-minute period they are closed.
[Ord. No. 3565, §§ 1
— 3, 6-8-1999]
(a)
Generally. On a corner lot, no hedge, shrub, plant, tree, other growth
or any object obstructing vision shall be permitted between a height
of two feet and 10 feet above the grades at the back of the curb (or
edge of pavement where no curb exists) of the intersecting streets,
within the triangular area formed by the right-of-way lines and a
line connecting them at points 30 feet from their point of intersection
(or at equivalent points on private streets), provided that such sight-distance
triangle may be increased by the Director of Public Works, when deemed
necessary for traffic safety.
(b)
Responsibility of owner. It shall be the responsibility of the owner of the property on which there is located any hedge, shrub, plant, tree, other growth or any object obstructing vision which does not conform with the provisions of subsection (a) of this section to remove or prune same in order to comply with such provisions.
(c)
Authority to prune or remove. The Department of Public Works shall have the authority to order the pruning or removal of any hedge, shrub, plant, tree, other growth or any object obstructing vision which does not conform with the provisions of subsection (a) of this section.
(1)
Such order shall be in writing and served upon the property
owner by any of the following methods:
a.
By personal delivery to the property owner;
b.
By mailing a copy of the order to the owner of the property,
using the most recent address of the owner as shown on the records
of the office of the county assessor;
c.
If the property owner cannot be located for service by any of
the means specified above, a copy of the order shall be posted on
the property.
(2)
The order shall set out a time limit for compliance, which shall
not be earlier than 30 days from the date of the order; provided however
that, if in the opinion of the Director of Public Works, the condition
creates a hazard which presents a danger to persons or property, said
time limit may be shortened as determined to be necessary by the Director
of Public Works.
(3)
When a property owner to whom an order is directed fails to
comply within the time specified in the order, the Department of Public
Works shall cause the condition to be remedied.
[1]
Editor's Note: Former § 24-15, which pertained to
obstruction of views at intersections and was derived from Ord. No.
64, adopted 2-13-1951, was repealed 9-12-1995 by Ord. No. 3376.
[Ord. No. 23, §§ 16
— 20, 12-27-1949; Code 1965, § 9.09]
(a)
Report of encroachment. Whenever it shall come to the notice of the
Director of Public Works that any street, alley, sidewalk, parkway
or other public place which has been dedicated or established according
to law is in any manner obstructed or encroached upon, he shall present
the matter to the Board of Aldermen and accompany such notice by a
plat showing the location and extent of such obstruction and encroachment.
Any such encroachment or obstruction is hereby declared to be a nuisance.
(b)
Order to remove. The Board of Aldermen upon receiving notice that
such encroachment or obstruction exists may order the same removed
and may instruct the City Counselor to prepare a written order for
the removal of same, which order shall be signed by the Mayor and
the City Counselor, and directed to the Chief of Police.
(c)
Notice to owner. Upon receipt of any order so signed, the Chief of
Police shall give to the record owner of the property fronting or
abutting upon such encroachment or obstruction (and also to the occupant
or occupants, if any are found thereon), at least five days' notice
in writing to the effect that if said encroachment or obstruction
is not removed by the time mentioned in the notice, the same will
be removed by him at the cost and expense of said owner and that a
special tax bill will be issued therefor. If after diligent search
and inquiry, the Chief of Police is unable to find the record owner
of said property, he shall immediately serve such notice by publication
in at least one issue of some newspaper published in the City, which
notice shall be directed to all owners of said property who are known
to the Chief of Police and shall contain a description of the property
belonging to the owners who are absent or unknown.
(d)
Removal by City. If upon the expiration of the time mentioned in
the notice, the obstruction or encroachment is not removed, the Chief
of Police shall proceed to remove the same, and the expense of such
removal shall be advanced from the general revenue fund of the City.
(e)
Tax bill against property. As soon as the entire expense incident
to such notice and removal has been ascertained, an itemized account
of the same shall be filed by the Chief of Police with the City Clerk/Collector;
the entire cost thereof shall be assessed by the Board of Aldermen
by ordinance in favor of the City and against the property fronting
and abutting upon such encroachment or obstruction, pro-rata, and
special tax bills shall be issued therefor by the City Clerk/Collector
for collection in all respects as provided in case of sidewalk construction.
[Ord. No. 23, § 22, 12-27-1949; Code 1965, § 9.10]
It shall be unlawful for any person to injure or damage any
sidewalk, curb, gutter, parkway, public place, tree, pole, post, light
standard or fixture, sign, property or fire plug on any public street
or alley, by driving a vehicle upon, against or over or by cutting,
breaking or otherwise damaging the same.
[Code 1965, § 9.47; Ord. No. 1033, § 1, 2-13-1968]
(a)
At least 20 days prior to the use of any street in the City by trucks,
hauling or grading equipment or highway construction vehicles, engaged
in constructing streets, highways or structures in the City or in
adjacent municipalities or in that portion of the unincorporated area
of the county which requires the use of the streets of the City during
the course of construction, the contractor in charge shall make a
written report to the Director of Public Works of this City, specifying
the kind and description of trucks or hauling or grading equipment
or highway construction vehicles, and the loaded and unloaded weight
of trucks and hauling equipment, and the number of each and the length
of time they will be required to use the streets of this City. The
contractor shall furnish the Director of Public Works with all other
information required by him to estimate or determine the amount of
wear and tear or damage, if any, that may be caused to streets by
such usage. Before construction actually commenced or while the work
on the streets is in progress, the Director of Public Works may require
any contractor or subcontractor to post surety bond or insurance with
the City to guarantee the City for compensation for any damage to
streets, curbs, sidewalks or public facilities.
(b)
Routes. The Director of Public Works shall, at least five days before
the commencement of work and usage of the streets of the City, notify
the contractor of the route or routes to be used by such trucks and
equipment and issue a permit for such uses; and the contractor shall
be charged with the duty of seeing that the trucks or equipment use
only the route or routes designated by the Director of Public Works.
In the event of any emergency requiring a change in route or routes,
or if the Director of Public Works finds or determines that any route
or routes so designated are not safe or that excessive damage is being
caused to any street or streets in the City by such usage, or if he
finds the welfare of the City so requires, he may, upon three days'
notice to the contractor in writing, designate an alternate route
or routes, and it shall thereupon be the duty of the contractor to
see that the trucks or equipment use only the alternate route or routes
so designated by the Director of Public Works.
[Code 1965, § 9.48; Ord. No. 1033, § 1, 2-13-1968]
(a)
Photographs. It shall be the duty of the Director of Public Works, immediately prior to the time of designating the route or routes or alternate route or routes as provided in § 24-18, to examine the condition of the streets to be used and to take photographs of the streets, showing the condition of the pavement, curbs, sidewalks and other physical features, which shall be dated and a memorandum made of the location shown by each photograph. Within five days after termination of the use of the streets as herein provided, it shall be the duty of the Director of Public Works to have additional photographs made and proper descriptive matter included therewith.
(b)
Inspection. In addition to the taking of photographs before and after
construction, the Director of Public Works shall cause a thorough
inspection to be made of the condition of the pavement of the streets
designated and used under the permit, as well as the curbs and sidewalks,
and shall make written reports of his findings, including with his
report after termination of the work, his estimate of the cost of
restoring the street to its original condition as well as any curbs
or sidewalks.
[Code 1965, § 9.49; Ord. No. 1033, § 1, 2-13-1968]
At the time the Director of Public Works designates the route or routes to be used as provided in §§ 24-18 and 24-19, he shall notify the contractor that the City will hold the contractor liable for unusual wear and tear or damage to the streets, curbs and sidewalks resulting from such usage, and that acceptance of the route or routes by the contractor shall constitute an agreement on his part to pay the reasonable cost of restoring the streets, curbs and sidewalks in question to their original condition. Within 30 days after termination of the contractor's usage of said route or routes under the Director of Public Works' permit, the contractor shall negotiate with the Director of Public Works for payment to the City of an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition; and the Director of Public Works, at the next meeting of the Board of Aldermen occurring after said thirty-day period, shall report the status of such negotiations to the Board of Aldermen with his recommendations. The Board of Aldermen shall determine whether any tentative agreement for the settlement claimed shall be accepted, and if the Director of Public Works and the contractor are unable to reach any agreement the matter shall be referred to the City Attorney for further negotiations or litigations as may be found advisable or necessary.
[Ord. No. 23, § 4, 12-27-1949; Code 1965, §§ 9.11,
9.50; Ord. No. 1033, § 1, 2-13-1968]
(a)
If during the course of construction as provided for in this chapter
it shall become necessary for the completion of the work or for the
safety or protection of the public to close off any street, way, alley
or place of the City, the contractor in charge of the work shall notify
the Director of Public Works, who shall, upon approval, issue a permit
for the closing of the street for such time as may be required, and
shall see that the proper barriers, warning notices and necessary
traffic direction signs are posted for the protection and convenience
of the public.
(b)
When any defect or obstruction exists in any street, alley, bridge,
sidewalk, parkway or other public place which cannot be at once repaired,
removed or corrected and which might result in injury to any person
or property on or using the same, or when any street, alley, bridge,
sidewalk, parkway or other public place or part thereof is out of
condition for use by reason of its being under construction, reconstruction,
resurfacing or repair or any other cause whatever, it shall be the
duty of the Director of Public Works to see that said street, alley,
bridge, sidewalk, parkway or public place, or part thereof at which
such defect or obstruction exists, or which is out of condition for
use from any cause, shall be at once closed off by adequate barricades,
and shall see that warning signs are placed on or around said barricades
of sufficient size in the day time and sufficient lanterns or other
lights at night to warn the public of the existence of such defect,
obstruction or bad condition so as to avert injury to persons and
property. The Director of Public Works shall notify the Police Department
of any such condition and may request the Chief of Police to furnish
police protection if the situation shall so warrant.
[Ord. No. 42, § 9, 5-23-1950; Code 1965, § 4.15]
The Director of Public Works may close off streets, alleys,
bridges, sidewalks, parkways, lawns or public places where their condition
may result in injury to person or property. During the progress of
work thereon, he shall erect proper barricades, warning signs and
lights. He shall employ such help as may be necessary and as authorized
by the Board of Aldermen. He shall make regular reports to the Board
and attend the regular meetings thereof and special meetings when
requested to do so. He shall report on the work of his Department,
its financial condition and other matters pertaining to the performance
of his duties.
[Ord. No. 23, § 15, 12-27-1949; Code 1965, § 9.12]
It shall be unlawful for any person to use any street which
has been withdrawn from use by the public or to drive or attempt to
drive any vehicle thereon, or to remove or destroy any barricade,
warning light or sign placed upon said street or around or upon any
obstruction or defect thereon as a protection or warning to the public.
Where construction covered by this chapter is under way adjacent
to any public street which has not been closed to traffic, the contractor
shall provide ample lighting and sufficient barriers and caution signs
to warn the public using the enclosed street and to protect the public
from injury to person or property.
[Code 1965, § 9.51; Ord. No. 1033, § 1, 2-13-1968]
(a)
The route or routes designated by the Director of Public Works for
use by trucks and heavy equipment may be used for such purposes on
week days and Saturdays between the hours of 7:00 a.m. and 7:00 p.m.
and at no other time; unless in case of emergency or in the interests
of the general welfare of the City and its inhabitants the Board of
Aldermen, upon proper application, grants a special permit authorizing
the use of the streets by such trucks and heavy equipment at other
times than as herein specified.
(b)
Hours of construction. Street construction of the nature described
in this chapter shall commence no earlier than 7:00 a.m. and shall
be discontinued no later than 7:00 p.m., unless in case of emergency
a special permit is granted by the Board of Aldermen authorizing work
between 7:00 p.m. and 7:00 a.m.
(c)
Streets kept clean. It is hereby made the duty of all persons operating
trucks and other vehicles upon the streets of this City under the
provisions of the chapter, to remove dirt and mud from the wheels
of all vehicles before entering upon any public or private street
of this City. It shall be unlawful for any person to permit any vehicle
to enter upon such streets with dirt or mud on the wheels which is
liable to be dispersed over any public or private street, and it shall
be unlawful for any driver of a vehicle to permit the vehicle he is
operating to enter upon any public or private street of the City without
removing, or having had removed, dirt and mud from the wheels of such
vehicle prior to entry. When dirt, mud, waste material, refuse or
other substance is loaded on any vehicle which operates on the streets
of this City, the same shall be loaded in such manner that no portion
thereof shall be spilled, or be liable to be spilled, on the streets
of the City. It shall be unlawful for any person to permit any vehicle
operated by him to enter upon the streets of this City loaded in violation
of this chapter, and it shall be unlawful for any driver to operate
a vehicle on the streets of the City which is loaded in such manner
that it spills, or is liable to spill, on such streets. When necessary
to prevent spillage on streets the material shall be covered by tarpaulin
or other material in such manner as to effectively prevent dirt, waste,
refuse, mud or other substances from being spilled, blown or knocked
from the vehicle onto the streets of the City.
(d)
Inspection of streets. The Director of Public Works shall inspect
the streets used by persons covered by the provisions of this chapter
at regular intervals, and where, after all proper precautions have
been taken, the usage of the street has caused mud, dirt, waste, refuse
or other substances to be spilled or deposited on the streets of this
City, the Director of Public Works shall notify the contractor or
other person responsible therefor and it shall be the duty of such
contractor or other person to clean the street or streets affected
within 24 hours after receipt of notice from the Director of Public
Works; and upon termination of the work requiring usage of the City
street, if the streets are left in an unsatisfactory condition as
a result of such usage, the contractor or other person shall sweep,
clean and wash down the streets used within two days after receipt
of notice to do so from the Director of Public Works.
[Ord. No. 526, § 1, 6-9-1959; Code 1965, § 9.20]
The Director of Public Works shall erect, maintain and replace
as necessary street signs at all intersections in the City in accordance
with the manual on uniform traffic-control devices.
[Code 1965, § 9.52; Ord. No. 1033, § 1, 2-13-1968]
(a)
So far as applicable, all other provisions of this Code shall apply
to the use of streets under the permit issued by the Director of Public
Works as provided in this article.
(b)
It shall be the duty of all contractors and other persons engaging
in construction of any street, road, highway in or through the City
to comply with all of the provisions of this Code.
(c)
The provisions of this chapter shall apply to all incidental work
in connection with the construction of streets, such as work on nonaccess
areas, parkways, overpasses, underpasses, right-of-way fences, interchanges
and other facilities.
[Code 1965, § 9.53; Ord. No. 1033, § 1, 2-13-1968]
Demolition of buildings, in the course of or preliminary to
construction of any street or highway, shall be in compliance with
the building code and conducted to protect adjacent homes and property
from damage, and to minimize the hindering of the flow of traffic
or pedestrian use of adjacent streets and sidewalks. If the use of
adjacent streets and sidewalks is required for the demolition of any
building, the contractor shall establish adequate measures for the
protection of the general public including barriers and warning lights
about the area. Such use of streets or sidewalks shall be limited
to as short a period of time as possible under all the circumstances.
No use of any street, road or public place shall occur without a permit
from the Director of Public Works, which permit shall be revocable
without cause. All excavations by demolition of building shall be
filled to ground level and shall not be allowed to remain uncovered
and unfilled for a period exceeding 14 days after the completion of
the demolition of the above ground structure of the building.
[Ord. No. 4011,[1] § 1, 10-24-2006]
City right-of-way may be vacated by the Board of Aldermen through
proceedings either initiated by adjacent property owners, City staff
or the Board of Aldermen. Vacation procedures shall be in accordance
with the City's policy pertaining to the vacation procedures for public
streets, alleys, or easements in the City of Crestwood, as approved
by the Board of Aldermen and as may be amended from time to time.
[1]
Editor's Note: This ordinance also provided for the repeal
of former §§ 24-29 through 24-31, which pertained to
vacating streets and were derived from Ord. No. 619, adopted 10-18-1960.
[Ord. No. 23, §§ 49,
50, 12-27-1949; Code 1965, § 9.41]
(a)
Generally. No person shall erect any pole, or string any wire or
lay any conduits in the streets or public places of this City, for
telegraph, telephone or electric power purposes, without a permit
from the Director of Public Works or a contract with the City.
(b)
Application; plat. Any person desiring to permit to erect any such
poles and wires shall file an application with the Director of Public
Works accompanied with a plat upon a suitable scale, showing the route
of their proposed line or lines, the name of the streets to be occupied,
the number of the block and the location of each pole. Upon filing
of such application and plat, if the erection of such poles and wires
will not interfere with the rights of the public or be contrary to
the provisions of this Code, the Director of Public Works may grant
the permit.
[Ord. No. 23, § 51, 12-27-1949; Code 1965, § 9.42]
The Board of Aldermen and the Chief of Police, after giving
five days' written notice to all persons interested, shall have the
right to direct any alteration in the location of poles and the height
at which wires and guy wires may be run, erected or maintained in
any street or public place; and if any such alteration is ordered,
any person who has erected or is maintaining the poles or wires shall
complete the same without unnecessary delay.
[Ord. No. 23, § 52, 12-27-1949; Code 1965, § 9.43]
All poles erected or maintained in any street or public place
shall be sound, not less than 30 feet in length, planted not less
than five feet in the ground, not less than five inches in diameter
at the upper end, shall be straight, shapely, of uniform size, neatly
dressed and shall not be placed so as to obstruct the drainage of
the streets or alleys, or to interfere with or damage the curbs, gutters,
water lines, gas pipes, streets, alleys, driveways, trees or other
public or private property on the line of any street or alley. Poles
shall be placed between the curb and sidewalk. Wires and guy wires,
tubes or cables carrying electric currents, shall be strung on such
poles not less than 20 feet above the surface of the ground.
[Ord. No. 23, §§ 53,
54, 12-27-1949; Code 1965, § 9.44]
(a)
Trees. No person, for the purpose of placing or maintaining wires,
lines or poles, or for any other purpose connected with the construction
and maintenance of telegraph, telephone or electric lines, shall climb
any trees by the use of spurs or any instrument which shall pierce
the tree, or in any way injure, cut, trim, deface or destroy any trees
or in the branch of any tree or any shrub or plant, or fixture, or
ornament, or utility, in any street or public place, or attach any
crossbar or other fixture to such tree, without a written permit from
the Director of Public Works. All such work shall be done under the
direction, supervision and control of the Director or other person
designated for that purpose.
(b)
Restoration of pavement. Wherever any street, alley, sidewalk, curb
or gutter is disturbed or injured in the erection of any pole in any
street or public place, the owner of such pole on the completion of
the work shall immediately restore and repair such street, alley,
sidewalk, curb or gutter to the satisfaction of the Director of Public
Works.
[Ord. No. 23, §§ 55,
57, 12-27-1949; Code 1965, § 9.45]
(a)
Consent to use poles. In case any person authorized to do business
in this City desires to place along or across any of the streets or
public places of the City, wires, tubes or cable conveying electric
power, he shall file with the Board of Aldermen the written consent
of any other telegraph or telephone company to the placing of such
wires, tubes or cables upon its poles. The Board of Aldermen, at its
discretion, may authorize the Director of Public Works to issue a
permit for such occupancy of the poles with such regulations and qualifications
as may be prescribed by the Board.
(b)
Right of the City to use crossarm. Every person erecting or maintaining
telephone or electrical wires, poles, tubes or cables, on the streets
or public places of the City as compensation in part for the use of
such streets or public places, shall, within 20 days after written
notice signed by the Director of Public Works, provide and furnish
free of charge space on one crossarm or other appliances suitable
for the purpose on each pole erected in the City for the use of the
City for the City's electric wires, its fire alarm, telegraph or police
signal wires. If such person refuses to furnish such space on such
crossarm, his permit shall be revoked and cancelled.
[Ord. No. 23, § 24, 12-27-1949; Code 1965, § 9.18]
It shall be unlawful for any person to place any advertisement,
bill, sign, poster or device on any public property, or on any private
property, without having first obtained written permission of the
owner of the private property therefor. This shall not apply to any
notice required by law or ordinance to be posted, or to any official
notice by public officers.
[Ord. No. 23, §§ 61
— 65, 12-27-1949; Code 1965, § 9.46]
(a)
Issuance; record. Whenever the Board of Aldermen shall assess special
taxes against any lot for making or repairing sidewalks and sidewalk
curbing, for paving, macadamizing, curbing or guttering any street
or alley or repairing the same or for any cost of expense incurred
by the City for a public purpose and chargeable by tax bill, the City
Clerk/Collector shall make out a separate special tax bill against
each lot assessed showing the name of the owner, the description of
the lot assessed, the date and amount of the tax bill, the purpose
for which it was issued, the contractor or City in whose favor same
was issued, the number of the ordinance authorizing the issuance of
the bill and the rate of interest the tax bill bears. The City Clerk/Collector
shall record each tax bill in a special book provided for that purpose
and kept by him in his office. The tax bills shall be signed and certified
as correct by the Mayor, countersigned by the City Clerk/Collector
and the seal of the City impressed thereon.
(b)
Delivery. If the work of improvement was done by contract, the tax
bills when issued thereof and recorded shall be delivered to the contractor
who did the work, and if the work was done by the City, the special
tax bills shall be delivered to the City Clerk/Collector, who shall
charge him therewith.
(c)
Lien; interest. The Board of Aldermen may direct suit to be brought
on all unpaid tax bills due the City. All special tax bills shall
be assignable and collectible in any action brought in the name of
the City for the use of the holder thereof, but the City shall not
in any event be liable for any cost that may accrue in such action.
Such special tax bills shall, in any action thereon, be prima facie
evidence of the regularity of the proceedings for such special assessment
of the validity of the bill, of the doing of the work and the furnishings
of the materials charged therefor and of the liability of the property
to the charge stated in the bill.
(d)
Payment. Any person desiring to pay a special tax bill may pay the
same to the City Clerk/Collector, who shall make out duplicate reports
therefor, one of which shall be delivered to the person paying the
tax bill and the other shall be filed by the City Clerk/Collector.
If the tax bill so paid is due to the City, the amount so collected
shall be turned over to the City Finance Officer/Treasurer to the
credit of the general revenue fund. If the tax bill is not due the
City, the City Clerk/Collector shall pay the amount to the owner or
holder of the tax bill on presentation of the same to him.
(e)
Satisfaction. When any tax bill has been paid and presented to the
City Clerk/Collector, or when the City Clerk/Collector has filed a
copy of the duplicate payment report herein provided for, the City
Clerk/Collector shall note on the record the satisfaction of such
tax bill and the date of such satisfaction, and thereafter such tax
bill shall be considered as cancelled.
[Ord. No. 1952, §§ 1
— 3, 1-24-1984; Ord. No. 3133, § 1, 9-26-1989; Ord. No. 3435, § 1, 11-26-1996; Ord. No. 3742, §§ 1 — 4, 8-27-2002]
(a)
Plan. A City-wide plan for residential street lighting is hereby
established, employing the following criteria, in descending order
of priority, for determining the approximate location of all future
light installations:
(2)
Areas of the City in which the safety of persons or property
is threatened, the volume of vehicular traffic increases drastically
or the enhancement of neighborhoods will benefit the cultural or commercial
interests of the City, shall be given priority for lighting installations,
in conformity with the above criteria, over less critical areas and
streets.
(3)
There shall be prepared and maintained in up-to-date form by
the Department of Public Works a City map showing by distinctive markings
the exact location of existing street lighting and the approximate
location of all future streetlights in conformity with the above criteria.
The City map shall be maintained at the Department of Public Works
annex on Pardee Lane or such other place or places as designated by
the Director of Public Works.
(b)
Petition; approval. A standardized, administrative procedure for
the petition and approval of new street lighting is hereby established.
The procedure shall follow the following steps:
[Amended 9-13-2022 by Ord. No. 5296]
(1)
New residential street lighting shall be initiated by citizen
petition or by the Director of Public Works.
(2)
The Department of Public Works shall discuss with those citizens
initiating a street light petition, potential locations for street
lights in the area involved or, if initiated by the Director of Public
Works, shall independently determine potential locations.
(3)
Once a potential location has been initially determined, the
Department of Public Works will meet with representatives of the power
company to determine the best location of the street light. An estimate
of cost will be prepared by the Department of Public Works with input
from the power company.
(4)
Standardized petition forms, and a map showing the location
of the proposed street light and influence area affected by the proposed
lighting, shall be furnished by the Department of Public Works to
citizens initiating the process. The reason for desiring the lighting
shall be stated on the petition form. If initiated by the Director
of Public Works, the signatures for the petition shall be obtained
by the Department of Public Works.
(5)
No petition shall be considered unless signatures are obtained
of the owners of 66 2/3% of homes in the influence area affected
by the proposed lighting.
(6)
The signed petition shall be returned to the Department of Public
Works for validation. If 100% of the homes in the influence area are
in favor of the street light(s), then the Director of Public Works
shall authorize the power company to proceed with installation of
the street light (s), provided there are sufficient funds available
in the budget to install the lighting. Notification of such approval
shall be sent to all residents within the street light influence area.
(7)
In the event that at least 66 2/3% but less than 100% of
the home(s) within the street light influence area sign the validated
street light petition, then the Public Works Board shall conduct a
hearing on the petition. The hearing shall be open to the public,
and all who wish to speak for or against the lighting shall be heard.
At this meeting, the Director of Public Works, or his designated representative,
shall:
(8)
Following such hearing, the Public Works Board shall recommend
approval, approval with modifications, or denial of the lighting proposed.
(9)
Notification of such decision shall be sent by the Department of Public Works to all residents within the street light influence area. Such notice shall include information that such resident has the right to protest such approval or denial and seek review pursuant to § 24-90. A resident submitting an appeal pursuant to this subsection shall be deemed a "permittee" for purposes of § 24-90.
(10)
If the lighting installation is approved and there are sufficient
funds available in the street lighting budget, the Director of Public
Works shall authorize the power company to proceed with the installation
of the street light(s). Residents within the street light influence
area shall be kept informed if delay in installation occurs for any
reason.
(c)
Limits on installations.
(1)
Installations shall be made as funds are deemed available within
the street lighting budget by the Director of Public Works.
(d)
Decorative streetlight areas.
(1)
Decorative streetlight areas, in which all streetlights shall
be of the Early American decorative type, may be established in accordance
with the following procedures:
a.
A petition signed by 2/3 of the households of the subdivision
or 2/3 of the households of a neighborhood, identifying the proposed
area to be so designated, shall be filed with the Director of Public
Works.
b.
Upon determination that the requisite number of households have
signed the petition, such area shall be deemed a decorative streetlight
area.
(2)
When a decorative streetlight area is established, the Department of Public Works shall determine where such decorative lights are to be placed, in accordance with the standards set forth in § 24-39.
(3)
All cobra lights now existing within a decorative streetlight
area shall be removed and replaced with decorative lights, as funds
are available for such replacements.
(4)
The procedures set out in subsection (b) for approval of new
streetlighting shall be followed with respect to any proposed new
light within a decorative streetlight area.
[Ord. No. 20, §§ 12,
13, 12-13-1949; Code 1965, § 52.16; Ord. No. 4233, § 8, 2-9-2010]
(a)
The Director of Public Works with the consent of the Board of Aldermen
is hereby authorized to establish, designate and maintain by appropriate
devices, marks or lines upon the surface of the roadway, crosswalks
at intersections where there is particular danger to pedestrians crossing
the roadway.
(b)
The Director of Public Works with the consent of the Board of Aldermen
is hereby empowered to establish safety zones of such kind and character
and at such places as may be necessary for the protection of pedestrians.
(c)
The Director of Public Works with the consent of the Board of Aldermen
is also authorized to mark lanes or center lines for the guidance
of traffic on street pavements at such places as may be advisable,
consistent with the provisions of this chapter.
(Note: cf. Sec. 300.195)
