Dunsmuir Municipal Code Ch. 12.08 Streets and Sidewalks Generally

No person shall obstruct or encroach on any part of any street, alley, sidewalk or gutter so as to prevent the reasonable use, passage or travel of the same.

(Prior code § 17-1; Ord. No. 549, § 1, 7-30-2015)

No person owning, occupying or controlling any lot, building, house or other structure fronting upon any of the streets of the city shall sweep or deposit or cause to be swept or deposited from such lot, building, house or other structures any dirt, dust or refuse or other material into the streets or gutters of the city.

(Prior code § 17-3; Ord. No. 549, § 1, 7-30-2015)

Cross reference— As to refuse and garbage generally, see Chapter 8.08 of this code.

A. Notwithstanding the provisions of subsection B of this section, it shall be permissible, between the hours of eight-thirty a.m. and six p.m. (or sunset if that is later) to display or sell merchandise or to operate a table or other location, for soliciting charitable contributions on sidewalks within the city, subject to the following restrictions:

1. At least three feet of sidewalk must be left unobstructed for sidewalk use and passage;

2. Such uses must be related to or with the permission of the owner of the sidewalk;

3. No door, gate, driveway, alley or crosswalk may be obstructed;

4. Nothing herein shall exempt any person from the requirement of obtaining a city business license if it is otherwise required;

5. This subsection shall not supersede the requirements of Section 9.12.040, except as specified in subdivision 2 of this subsection.

B. During on officially proclaimed (by the mayor) city celebration, beer and wine may be sold on sidewalks and streets within an enclosure, as specified in Section 9.12.040. During such a celebration, the city council may designate a portion of a city street as an enclosure, provided it is in fact enclosed and/or blocked off to prevent motor vehicles from entering.

C. No person shall deposit any merchandise, boxes or containers, whether empty or not, upon any sidewalks within the city for any period longer than a period necessary to transport such merchandise, boxes or containers into their places of business.

(Prior code § 17-4; Ord. No. 549, § 1, 7-30-2015)

A. Maintenance.

1. It shall be the duty of every owner of real property in the city, whose property fronts on or adjoins any public street, to keep the sidewalks that are built or established along such street frontage in a good state of repair so that they will not endanger persons or property passing thereon, or interfere with the public convenience in the use thereof.

2. It shall be the duty of every owner of real property in the city, whose property fronts on or adjoins any public street, to remove and clean away, at the owner's expense, the weeds, grass and brush from the sidewalk to the center of the street in front of such real property, and to remove all branches of trees hanging over the sidewalk or street, to a height of ten (10) feet above the ground thereunder.

3. If the owner of such real property shall fail, neglect or refuse to comply with the provisions of this subsection after four days' written notice from the city manager, served either personally or by registered mail, so to do, then the city manager may have the necessary work done, either by city staff or by private contract, and the cost thereof shall be a charge against the owner of such real property and shall be collected by the city. Said charges shall become a special assessment against the property if unpaid sixty (60) days following the mailing of a statement of such charges and shall be collected in the same manner as other assessments.

B. Snow Removal.

1. It shall be the duty of every owner of real property fronting on or adjoining any public street within the business district, as defined in Section 10.24.020(I), to remove and clear all snow from the public sidewalks adjacent to their property. For purposes of this section, snow may be removed to the street and the prohibition contained in Section 12.08.020 is inapplicable.

2. If an owner of real property fails or neglects to remove and clear snow from any public sidewalk as required by subsection (B)(1) of this section, the city manager may cause such snow to be removed and cleared, by city staff or by private contract, at the owner's expense. The direct costs to the city of any such snow removal shall be billed to the property owner and shall be payable by the owner to the city upon presentation of such billing.

(Prior code § 17-5; Ord. 485 § 1, 1994; Ord. 486 § 1, 1994; Ord. No. 549, § 1, 7-30-2015)

Whenever any tree, plant or shrub shall become injurious to any street, alley, pavement, sidewalk or other public place, it is the duty of the city manager to cause to be served upon the owner, tenant or occupant of the property abutting upon that portion of street and on the side thereof upon which such tree, plant or shrub is growing, a written notice directing such owner, tenant or occupant to remove, within four days from the date of the service of notice upon him, and under the direction and to the satisfaction of the city manager, such tree, plant or shrub or put it in such condition that it will cease to be injurious to such street, alley, pavement, sidewalk or other public place. If such owner, tenant or occupant neglects or refuses to do so within such time, the city manager shall cause the same to be done and the cost and expense incurred thereby shall be a lien upon the property for the same.

(Prior code § 17-6; Ord. No. 549, § 1, 7-30-2015)

A. The cost of establishing all sidewalk grades and the setting of grade stakes therefor shall be paid by the property owners fronting and adjoining such sidewalk grade.

B. Such cost shall be paid by the property owners in the proportion which the frontage of each owner bears to the entire length of the grade, excluding street intersections.

C. The city manager shall notify each property owner, in writing, as to the exact cost against him and shall make return thereof to the city clerk. If the cost is not paid within thirty (30) days from the day of service, the cost thereof will be held a lien against the property and shall be recovered in a civil action by the city against each owner who has failed to pay for his portion of such grade.

(Prior code § 17-7; Ord. No. 549, § 1, 7-30-2015)

A. The design standards and requirements of Sections 16.20.010, 16.20.020, 16.20.060, 16.24.010 and 16.24.020 of this code and of Section 5 of uncodified Ordinance No. 390, as they now exist or may be amended from time to time by resolution adopted by the city council of the city, shall apply to any street or road constructed in the city, whether or not serving a subdivision in the city.

B. Requirements for pavement and for concrete, curbs, gutters and sidewalks may be waived for streets or roads passing through lands other than new subdivisions of land and through parcels of forty (40) acres or more. Any such request shall be considered pursuant to the variance procedure set forth in Chapter 17.20.

C. Connection of a county or private road or street to any city street in the city shall require approval by the city, in the form of an encroachment permit. The city council of the city may, by resolution, adopt or amend forms and regulations governing such encroachment permits.

(Prior code § 18-34; Ord. No. 549, § 1, 7-30-2015)

No person or business shall place or caused to be placed any outdoor seating. either on-site or on city sidewalks unless first obtaining a use permit. A minimum of four feet of clear space between the seating and the edge of the sidewalk curb is required for the safe passage of pedestrians Any and all umbrellas used in outdoor seating areas shall be a minimum height of not less than seven feet.

(Ord. 509 § 4, 2002; Ord. No. 549, § 1, 7-30-2015)