Chapter 98 — STREETS AND SIDEWALKS

It shall be unlawful for any person to mix any concrete or plaster on any paved street in the city unless such mixing shall be done in a box or other container or device which will effectively prevent the concrete or plaster from coming into contract with the paving material on the streets.

('63 Code, § 7-3.101) (Ord. 1008, passed - - )

(A) The Council, being of the opinion and having in its judgment decided that the method of construction provided for in this section is necessary, hereby declares and specifies that whenever any railroad tracks of any description exist upon any street in the city which the Council has ordered to be graded and paved with a wearing surface laid on a concrete or other base, the resolution ordering such work, unless the Council shall by resolution have declared to the contrary, shall be deemed to constitute a requirement that the person having such railroad tracks shall improve the portions of the street used by such tracks between the rails and for two feet on each side thereof and between the tracks, if there are more than one, with improvements similar in all respects to, with the same materials, under the same specifications and superintendence, and to the like inspection and satisfaction as the rest of the streets are graded and paved, subject to the following additions which the Council has adjusted and determined to be necessary:

The person having such railroad tracks shall excavate the roadbed of such railroad tracks to a depth not less than six inches of gravel ballast, which gravel ballast shall be thoroughly tamped or rolled to an elevation even with the bottom of the ties, and shall place concrete between and to the full depth of the ties used in such railroad tracks, which concrete shall be of the mixture set forth in the specifications for such work. The concrete shall be brought solidly under the base of the rails and elsewhere shall be brought to a true finish.

('63 Code, § 7-3.201)

(B) The rails used on such railroad tracks shall be of the girder, groove, or T rail type, not less than 4½ inches in height, and shall be securely fastened to railroad ties, which ties shall not be less than six inches by eight inches and eight feet long. The ties shall be made of sound wood and laid not more than 24 inches apart, center to center. The top of the rails of the tracks shall conform to the official grade of the street in which they are laid. All of such work shall be done under the supervision and to the satisfaction of the Director of Public Works.

('63 Code, § 7-3.202)

(Ord. 793, passed - - ; Am. Ord. 824, passed - - )

It shall be the duty of the owner or person in charge of the land upon or in front of which any tree grows with boughs extending over any portion of any street of the city to trim such tree so that there shall be a space of at least ten feet between the lowest limb thereof and the street. If such person neglects, after five days' notice by the Street Superintendent, to trim such tree, he shall be guilty of a misdemeanor.

('63 Code, § 7-3.301) (Ord. 207, passed - - ) Penalty, see § 10.99

SIDEWALKS, DRIVEWAYS AND CURBS

(A) For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GRADE. The official street grade adopted by the Council and any grade established or approved by the Director of Public Works.

LINE. The line of any public improvement established by any official map, plat, deed, or recorded map. ('63 Code, § 7-2.101)

(B) The Director of Public Works may establish and stake the lines and grades for any public improvements required by the provisions of this chapter. The Director of Public Works shall establish and stake the lines and grades for any public improvements required to be constructed by the provisions of this chapter in conjunction with single-family residential construction. A fee schedule may be adopted by resolution of the Council establishing fees to defray the cost of establishing and staking such lines and grades.

(C) The Director of Public Works may require that plans be prepared by a registered civil engineer showing the lines and grades of the public improvements required to be constructed by this chapter in conjunction with any construction other than singlefamily residential construction. When such plans are required, no building permit shall be issued until the plans are approved by the Director of Public Works.

('63 Code, § 7-2.102)

(Ord. 228-C.S., passed 6-21-74; Am. Ord. 375-C.S., passed 10-19-82)

(A) Except as otherwise provided in this subchapter, any person who constructs, or causes to be constructed, any building or structure in the city shall construct or reconstruct curbs, gutters, sidewalks, driveway approaches, pavement, and necessary drainage facilities along all street frontages adjoining the property upon which such building or structure is constructed.

(B) Pavement improvements shall include:

(1) Half-width paving, where such improvements exist, but do not conform to the prevailing standards of the city as determined by the Director of Public Works.

(2) Paving necessary to establish safe traffic corridors where such improvements do not exist.

(3) Full width alley paving (excepting R-3 and M-1 occupancies, as defined in the Uniform Building Code).

(C) The improvements in this section shall not be required when such improvements already exist to the then prevailing standards of the city, which are in good repair and which are in such condition that they will not endanger persons or property or interfere with the public convenience in their use.

('63 Code, § 7-2.103)

(D) No final certificate of occupancy shall be issued for any building or structure and no permanent utility connections shall be made unless the public improvements required by this subchapter shall have been constructed and such construction finally accepted by the Director of Public Works or his authorized representative.

('63 Code, § 7-2.104)

(Ord. 228-C.S., passed 6-21-74; Am. Ord. 375-C.S., passed 10-19-82; Am. Ord. 528-C.S., passed 6-20-91)

(A) Except as otherwise provided in this subchapter, any person who enlarges or alters any building or structure, which said improvements performed within any one year period has an aggregate value in excess of $11,000, shall construct or reconstruct to city standards curbs, gutters, sidewalks and driveway approaches along all street and alley frontages adjoining the property upon which such building or structure is situated, unless such public improvements already exist to the then prevailing standards of the city, which are in good repair and which are in such condition that they will not endanger persons or property or interfere with the public convenience in their use.

(B) No final certificate of occupancy shall be issued for any such enlargement or alteration of any building or structure unless the public improvements required by this subchapter shall have been constructed and such construction finally accepted by the Director of Public Works or his authorized representative. If occupancy of any such enlargement or alteration of any building or structure occurs prior to issuance of any occupancy permit by the Building Official, said occupancy shall be referred to the City Attorney by the Director of Public Works for abatement. Repair of buildings damaged by fire, flood, or acts of God shall be

exempt from this section unless in addition to repair or damage, improvements or alterations valued in excess of $11,000 are made to the structure.

('63 Code, § 7-2.105) (Ord. 228-C.S., passed 6-21-74; Am. Ord. 351-C.S., passed 10-6-81; Am. Ord. 375-C.S., passed 10-19-82; Am. Ord. 528-C.S., passed 6-20-91)

The design and construction of all public improvements required by this subchapter shall conform with such standards as have been or may be adopted by resolution of the Council.

('63 Code, § 7-2.107) (Ord. 228-C.S., passed 6-21-74)

(A) The requirements of this subchapter may be waived by the Director of Public Works in whole or in part upon the finding that the street or streets in which the required public improvements would otherwise be constructed vary sufficiently from adopted official grades that it would not be reasonable to require such construction. ('63 Code, § 7-2.108)

(B) The Council may by resolution designate areas of the city in which the provisions of this subchapter are inapplicable upon a finding that, due to the nature of the existing development of the area, such public improvements would not be feasible or consistent therewith. The Council may waive the requirements of this subchapter in whole or in part upon a finding that the requirements are unjust or unreasonable in a particular instance. In making such determination, the Council shall consider the use proposed for the property and the relationship between the cost of the required public improvements and the value of the improved parcel.

('63 Code, § 7-2.109)

(Ord. 228-C.S., passed 6-21-74; Am. Ord. 375-C.S., passed 10-19-82)

(A) Any person owning real property in the city shall repair any defective sidewalk or gutter lying in front of or along the side of his property.

('63 Code, § 7-2.301)

(B) Any owner or tenant of real property in the city shall report to the Director of Public Works in writing the fact that a defective sidewalk exists in front of or along the side of the property owned or occupied by him. ('63 Code, § 7-2.302)

(C) The City Manager, through the proper departments, shall enforce this section. ('63 Code, § 7-2.303)

(D) If, in consequence of any sidewalk being defective and in condition to endanger persons passing thereon, any person, while exercising ordinary care to avoid the danger, who suffers damage to his person or property through any defect of a sidewalk may have recourse for damages thus suffered against the person failing to repair such defect or the person failing to report the defect. ('63 Code, § 7-2.304)

(E) In the event that the defect is caused by a tree root, the Director of Public Works shall have power and authority to cut such root or to give permission to cut the same.

('63 Code, § 7-2.305)

(F) It is not the intent of any of the provisions of this subchapter to change the procedure concerning sidewalk repairs set forth in the Improvement Act of 1911, but to provide alternative and supplementary procedure. ('63 Code, § 7-2.306)

(Ord. 357-C.S., passed 1-5-82; Am. Ord. 375-C.S., passed 10-19-82)

SIDEWALK AND CURB IMPROVEMENT PROCEEDINGS

The Council finds and declares as follows:

(A) That the lack of improved sidewalks in the city in many instances forces pedestrians, particularly school children, to walk in the streets and to be subjected to the hazards of vehicular traffic;

(B) That the lack of sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks;

(C) That the lack of improved curbs and gutters in the city permits poor drainage and the accumulation of puddles of water and filth, impedes the operation of street sweepers, fire trucks, and police cars, and subjects children and pedestrians in the normal sidewalk area to accidental injury and the hazards of vehicular traffic; and,

(D) That the lack of adequate improved curbs and sidewalks is dangerous to the public health, safety, and welfare of the inhabitants of the city.

('63 Code, § 7-2.201) (Ord. 67-C.S., passed 1-21-66)

This subchapter constitutes a separate and alternative procedure for the construction of sidewalks and curbs in the city. ('63 Code, § 7-2.202) (Ord. 67-C.S., passed 1-21-66)

The “Special Assessment, Investigation, Limitation, and Majority Protest Act of 1931” shall not apply to proceedings taken pursuant to the provisions of this subchapter.

('63 Code, § 7-2.203) (Ord. 67-C.S., passed 1-21-66)

The Council may, in a manner provided in this subchapter, order the construction of a sidewalk or curb, or both, in front of that portion of any parcel of private property abutting upon any public street or place in the city. ('63 Code, § 7-2.204) (Ord. 67-C.S., passed 1-21-66)

(A) Before adopting any resolution ordering the construction of a sidewalk or curb, or both, in front of that portion of any parcel of private property abutting upon any public street or place, and if it appears that the public convenience, necessity, health, safety, and welfare require such construction and that proceedings should be taken therefor, a resolution of intention shall be effective and adopted describing the work of improvement proposed to be ordered and the private property in front of which the improvement proposed to be ordered is to be constructed by giving its lot and block number according to the official city or assessment map, or in such other manner as to reasonably describe such property. The resolution shall also set a time and place when and where any person interested, owning, or having an interest in the real property in front of which the improvement proposed to be ordered is to be constructed may file written objections and appear and show cause, if any they have, why the Council should not find and determine that the public convenience, necessity, health, safety, and welfare require the proposed improvement and why the proposed improvement should not be carried out. The time of hearing shall be not less than ten days nor more than 30 days from the date of the passage of the resolution. Any number of parcels of private property may be included in one resolution.

('63 Code, § 7-2.205)

(B) The City Clerk shall cause the resolution of intention to be published once in a newspaper of general circulation, published and printed in the city, not less than five days prior to the date of the public hearing stated in the resolution. ('63 Code, § 7-2.206)

(Ord. 67-C.S., passed 1-21-66)

(A) Posting. After the adoption of the resolution of intention, the Director of Public Works shall cause to be conspicuously posted on or in front of the property in front of which a sidewalk or curb, or both, shall be constructed notice of the passage of the resolution of intention. The Director of Public Works shall post one notice to each separately owned parcel of property of not over 50 feet frontage or not more than two notices to any such parcel of 100 foot frontage or less, or notices at not more than 100 feet apart if the frontage of such parcel is greater than ten feet. In every case all posting shall be completed at least five days before the day set for the hearing.

('63 Code, § 7-2.207)

(B) Mailing. The Director of Public Works shall give notice by mail of the adoption of the resolution of intention. In every case all mailing shall be fully completed at least five days before the day set for the hearing. Such notices shall be sent by regular mail, deposited in any United States mail box, addressed to the owner of each lot or parcel of real property as such ownership is known to the Director of Public Works unless the Director of Public Works has been requested by such owner, in writing, to mail the notice to another address or addressee. Failure to mail such notice or failure of the owner of the property to receive the same shall not be held to invalidate the proceedings in any manner or affect the validity of any assessment levied thereunder. ('63 Code, § 7-2.208)

(C) Form and contents. The notices shall be headed “Notice of Hearing - Sidewalk and Curb Improvement Proceedings” in letters not less than one inch in height and shall in legible characters state the fact of the passage of the resolution of intention, its date, and, briefly, the work proposed, and refer to the resolution of intention for further particulars. The notices shall also contain a statement of the day, hour, and place when and where any and all persons interested, owning, or having an interest in real property in front of which the improvement proposed to be ordered is to be constructed may appear before the Council and show cause why the proposed work should not be carried out in accordance with the resolution of intention. ('63 Code, § 7-2.209)

(Ord. 67-C.S., passed 1-21-66; Am. Ord. 375-C.S., passed 10-19-82)

Affidavits or declarations of publication, posting, and mailing shall be filed in the office of the City Clerk. ('63 Code, § 7-2.210) (Ord. 67-C.S., passed 1-21-66)

At any time not later than the hour set for hearing protests and objections to the proposed work, any owner of property liable to be assessed for the work may make a written protest against the proposed improvements. Such protest shall be in writing and contain a description of the property, sufficient to identify the same, in which each signer thereof is interested and shall be delivered to the City Clerk. No other protests or objections shall be considered. Any objections or protests not made at the time and in the manner provided in this article shall be deemed waived voluntarily. Proceedings pursuant to the provisions of this subchapter shall not be attacked after the conclusion of the hearing upon any ground not stated in an objection or protest filed pursuant to the provisions of this subchapter.

('63 Code, § 7-2.211) (Ord. 67-C.S., passed 1-21-66)

At the time set for hearing protests, the Council shall proceed to hear and pass upon all protests so made as required by § 98.52 of this subchapter and its decision shall be final and conclusive. The Council may adjourn the hearings from time to time. Any such protest may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of such protest hearing or any such adjournment thereof. If protests are made against the proposed work, no further proceedings shall be taken for a period of six months from the date of decision of the Council on the hearing unless the Council, by no less than a four-fifths vote of all members thereof, shall overrule such protests and find and determine that the public convenience and necessity require such improvements.

('63 Code, § 7-2.212) (Ord. 67-C.S., passed 1-21-66)

The Council may, at the conclusion of the hearing, by resolution, make changes in the work proposed to be done as it shall find to be proper and advisable and shall define and establish the work proposed to be done. ('63 Code, § 7-2.213) (Ord. 67-C.S., passed 1-21-66)

If no protests or objections in writing have been delivered to the City Clerk up to the hour set for the hearing thereon, or if protests have been found by the Council to be insufficient or have been overruled, the Council shall immediately thereupon acquire jurisdiction to order the proposed work to be done and may pass a resolution ordering such work and direct the Director of Public Works to cause the same to be done in accordance with the provisions of this code and the City Charter. ('63 Code, § 7-2.214) (Ord. 67-C.S., passed 1-21-66; Am. Ord. 375-C.S., passed 10-19-82)

(A) Immediately after the adoption of the resolution ordering the work to be done, the Director of Public Works shall notify the owner or person in possession of the property described in the resolution of the adoption of the resolution and shall give notice to construct or cause to be constructed a sidewalk or curb, or both, in front of such property. The notice shall particularly specify what work is required to be done, how it is to be done, and what materials shall be used in the construction and shall further specify that if the construction is not commenced within 15 days, or such other period, not in excess of 60 days, as the Director of Public Works shall specify, after notice is given and diligently and without interruption prosecuted to completion, the Director of Public Works will cause the construction to be done, and the cost of the same shall be a lien on the property. ('63 Code, § 7-2.215)

(B) The notice to construct may be given by delivering a written notice personally to the owner, or to the person in possession of the property described in the resolution ordering the work to be done, or by mailing a postcard, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears of record on the last equalized assessment rolls of the city, or to the name and address of the person owning such property as shown in the records of the office of the Director of Public Works. Immediately upon mailing the notice to construct, the Director of Public Works shall cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. ('63 Code, § 7-2.216)

(Ord. 67-C.S., passed 1-21-66; Am. Ord. 375-C.S., passed 10-19-82)

(A) If the construction is not commenced and prosecuted to completion with due diligence, as required by the notice to construct, the Director of Public Works shall forthwith construct the sidewalks or curbs, or both, as specified in the resolution ordering the work to be done.

('63 Code, § 7-2.217)

(B) Upon completion of the construction, the Director of Public Works shall give notice of the costs of the construction in the manner specified in § 98.56 of this subchapter for giving the notice to construct, which notice shall specify the day, hour, and place when and where the Council will hear and pass upon a report by the Director of Public Works of the costs of the construction, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the costs of such construction and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving the notice.

(C) The costs of construction may include a proportionate share, as determined by the Council, of the costs of improvements constructed in a place other than in front of a parcel of property which improvements in such other place are required for the proper functioning of the improvements in front of the parcel.

('63 Code, § 7-2.218)

(D) Upon completion of the construction, the Director of Public Works shall prepare and file with the Council a report specifying the work which has been done, the costs of construction, including incidental expenses, a description of the real

property in front of which the work has been done, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.

(E) The term “incidental expenses” shall include administrative overhead, the costs of printing and advertising as provided for in this subchapter, the compensation of the person appointed by the Director of Public Works to take charge of and superintend any of the work authorized by this subchapter, the cost of surveys, if any, the expenses of making the assessment and of preparing and

typing the resolutions, notices, and other papers and proceedings for such work, and any expenses incidental to the construction, completion, and inspection of the work.

('63 Code, § 7-2.219)

(F) Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Director of Public Works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon, the Council may make such revisions, corrections, or modifications in the report as it may deem just after which, by motion or resolution, the report as submitted, or as revised, corrected, or modified, shall be confirmed. The Council may adjourn the hearings from time to time. The decision of the Council on all protests and objections which may be made shall be final and conclusive.

('63 Code, § 7-2.220)

(G) The costs of construction may be assessed by the Council against the parcel of property fronting upon the sidewalks or curbs so constructed, and such costs so assessed, if not paid within five days after confirmation by the Council, shall constitute a special assessment against that parcel of property and shall be a lien, which lien shall continue until the assessment, and all interest thereon, is paid, or until it is discharged of record.

('63 Code, § 7-2.221)

(H) The Director of Public Works may file in the office of the County Recorder a certificate substantially in the following form: CITY OF EUREKA NOTICE OF LIEN

Sidewalk Construction

Pursuant to the authority vested in me by §§ 98.45 through 98.57 of the Eureka Municipal Code, I did on the day of

, 19 , cause the sidewalk or curb to be constructed, and the Council of the City of Eureka did, on the day of

, 19 , by Resolution No. , assess the cost of such construction upon the real property hereinafter described, and the same has not been paid, or any part thereof, and the City of Eureka does hereby claim a lien on said real property in the sum of

($ ) Dollars, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 7% per annum, from the said day of , 19 , has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Eureka, County of Humboldt, State of California, and particularly described as follows:

(Description of property)

Said property is reportedly owned by:

Dated: This day of , 19 ,

Director of Public Works

City of Eureka

('63 Code, § 7-2.222)

(I) From and after the date of the recording of the notice of lien, all persons shall have been deemed to have had notice of the contents thereof. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the time and manner as shall be prescribed by law. No such lien shall be extinguished until the amount thereof is paid in full or until it is discharged of record. Notwithstanding any provisions of law providing for the extinguishment of such liens by lapse of time, no building, electrical, or plumbing permit shall be issued and no variance from the provisions of the zoning regulations of the city shall be granted with respect to any property which shall have been the subject of a lien under the provisions of this article until the amount of any such lien shall have been paid in full.

('63 Code, § 7-2.223)

(Ord. 67-C.S., passed 1-21-66; Am. Ord. 375-C.S., passed 10-19-82)

STREET PLANTINGS

(A) It is recognized that, generally, provisions for the planting of trees and other growth in that portion of the public streets not used for vehicular traffic promote the public interest and general welfare, but, in so doing, due consideration must be given to pedestrian and vehicle safety and to the possibility of interference with the movement of vehicular and pedestrian traffic and interference with surface, subsurface, and overhead public and utility improvements and facilities.

(B) It shall be the policy of the city to foster, encourage, and authorize the planting of trees and other growth in that portion of the public streets and ways not used for vehicular traffic provided such planting is made in accordance with an approved street planting plan and where it appears that such planting will not unreasonably interfere with the rights of the public in the adjacent public street, or unreasonably interfere with vehicular or pedestrian traffic, or unreasonably interfere with surface, subsurface, or overhead public and utility improvements and facilities.

('63 Code, § 7-4.01) (Ord. 2908, passed 4-17-62; Am. Ord. 723-C.S., passed 3-18-08)

The City recognizes substantial economic, environmental and aesthetic importance of trees and plantings within the community and public streets acknowledging that:

(A) Tree-lined streets help to make a city safer and more livable by: calming and slowing traffic; making it safer for children to walk and bicycle to school; welcoming pedestrians and bicyclists and encouraging healthful exercise; reducing noise levels in neighborhoods; fostering community pride and ownership, which have been shown to reduce crime; and

(B) Tree-lined streets contribute to a prosperous and robust local economy by increasing residential property values; improving the attractiveness of business districts; enticing outside businesses and industries seeking to relocate; making the city more inviting to residents and tourists; and

(C) Tree-lined streets help to increase a city's tax base by making the city more attractive to potential homeowners and businesses; and

(D) Tree-lined streets contribute to a healthier environment by enticing people to live in the city closer to their jobs; thereby, saving time and energy required for commuting by helping to slow global warming; and

(E) Trees must be carefully chosen and placed in order to avoid potentially adverse effects on buildings, solar access, sidewalks and automobiles; and

(F) It shall be the City's policy to utilize applicable techniques, methods and procedures to preserve, whenever feasible, all trees and plantings on City property; to facilitate continued planned replacement and future planting by the City and adjacent property owners; facilitate the permit process for new street plantings; and to establish maintenance responsibility for all street plantings. (Ord. 723-C.S., passed 3-18-08)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY STREET PLANTING. Any plant, tree, shrub or growth in a public street planted and maintained by or at the behest of the city and included in the inventory of city street planting and shown on the Street Planting map.

MAINTENANCE or MAINTAIN. In reference to plants, trees, shrubs, or other growth, shall mean watering, clipping, pruning,

fertilizing, spraying and treating for disease or injury, and any other similar acts which promote the health, growth, or beauty of such plants, trees, shrubs, or other growth.

PLANT or PLANTING. The placing or setting of any street plant material into the ground or into any tub, raised painting box, or any other container placed or resting on the ground within a public street.

PROPERTY OWNER STREET PLANTING. Any plant, tree, shrub or growth in a public street planted and maintained by the adjacent property owner and not included in the inventory of city street planting and shown on the Street Planting map.

PUBLIC STREET. Every way set apart for public travel in the city, including the entire sidewalk area, pedestrian paths and walkways, and public planting easements.

('63 Code, § 7-4.02) (Ord. 2908, passed 4-17-62; Am. Ord. 723-C.S., passed 3-18-08)

(A) The Department of Public Works shall develop and establish a street planting plan for the public streets of the city. Such plan may include a planting program and shall include the methods of planting and the types, varieties, locations, and spacing of plants, trees, shrubs, and other growth to be planted on any public street or any portion thereof. Such plan shall also include a map which shall graphically portray the street planting plan and be subject to the approval of the Council.

('63 Code, § 7-4.03)

(B) The Director of the Public Works Department shall:

(1) Control the planting and maintenance of street plantings in accordance with the provisions of the street planting plan and this subchapter;

(2) Encourage the planting and maintenance of street plantings by the owners of property abutting upon public streets and, in this connection, advise and consult with such owners for the purpose of developing and establishing street planting plans and street planting programs for public streets or portions thereof; and,

(3) Develop street planting programs for the city, or portions thereof, which programs shall include the planting and maintenance of street planting with public funds.

('63 Code, § 7-4.04)

(Ord. 2908, passed 4-17-62; Am. Ord. 375-C.S., passed 10-19-82)

The Director of the Public Works Department is hereby authorized to issue rules and regulations prescribing and defining the types, species, planting methods, maintenance, and removal of street plantings, which rules and regulations, and any amendments thereto, shall be subject to approval by the Council. Such rules and regulations, and amendments thereto, when approved by the Council by resolution and filed with the City Clerk, shall constitute enforceable provisions of this chapter, and violations thereof shall be subject to the penalty provisions of this code.

('63 Code, § 7-4.05) (Ord. 2908, passed 4-17-62; Am. Ord. 375-C.S., passed 10-19-82; Am. Ord. 723- C.S., passed 3-18-08)

(A) It shall be the responsibility of the adjacent property owner to properly maintain street plantings, which are not defined as city street plantings, in a safe and healthy manner, including but not limited to: watering, clipping, pruning, fertilizing, spraying, treating for disease or injury, and any other similar acts which promote the health, growth or beauty of such plants, trees, shrubs or other growth.

(B) A property owner who fails to maintain street plantings adjoining their property may be liable for any injury or damage suffered by a member of the public which is caused by said failure.

(C) No street tree shall be removed or replaced without first obtaining all permits required by § 98.74. (Ord. 723-C.S., passed 3-18-08)

(A) It shall be unlawful for any person to plant, maintain, or remove any street planting in any public street without first securing a written permit to do so from the Director of the Public Works Department; provided, however, no permit shall be granted by the Director of the Public Works Department authorizing the removal of any street planting without the prior approval of the City Manager; and provided, further, the Director of Public Works, with the approval of the City Manager, may order the removal of any street planting found to unreasonably interfere with vehicular or pedestrian traffic or to unreasonably interfere with surface, subsurface, or overhead public and utility improvements and facilities, or which is hazardous to vehicular or pedestrian

traffic. The Director of the Public Works Department may revoke any permit if it shall appear that the planting is not in accordance with the provisions of the permit.

('63 Code, § 7-4.06)

(B) Any person desiring to plant, maintain, or remove any street planting shall file a written application therefor with the Director of the Public Works Department, which application shall set forth the reasons therefor and such other information as the Director of the Public Works Department may require.

('63 Code, § 7-4.07)

(Ord. 2908, passed 4-17-62; Am. Ord. 375-C.S., passed 10-19-82)

It shall be unlawful for any person to destroy, deface, or mutilate any street planting or street planting tub, planting box, or any other similar container in which street planting is planted, or to attach or place any rope, wire, sign, poster, or handbill or any other thing to or on any street planting, street planting tub, planting box, or any other similar container in which street planting is planted, or to cause or permit any wire charged with electricity to come in contact with any such street planting. ('63 Code, § 7-4.08) (Ord. 2908, passed 4-17-62)

Any person excepting to any denial, suspension, or revocation by the Director of the Public Works Department of a permit applied for or held by him pursuant to the provisions of this chapter may appeal to the Council in accordance with the procedures prescribed by the provisions of §§ 39.01 through 39.03 of this code.

('63 Code, § 7-4.09) (Ord. 2908, passed 4-17-62; Am. Ord. 375-C.S., passed 10-19-82)

BANNERS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• BANNER. Any cloth or bunting attached to poles or otherwise suspended in, the air for the purpose of calling public attention to a place or event.

DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city.

PERSON. Any person, firm, corporation, institution, or governmental agency.

STREET. Any right-of-way or easement for street, road, alley, highway, lane, court, or other public access purposes to which title is vested in the city.

('63 Code, § 7-5.01) (Ord. 222-C.S., passed 12-21-73; Am. Ord. 375-C.S., passed 10-19-82)

(A) It shall be unlawful for any person to erect or install a banner extending over, along, or across any street without first obtaining a permit therefor, or to maintain the same without such permit or in violation of the terms or conditions of such permit.

(B) Such permit shall be issued by the Director of Public Works only upon a written application therefor. Application forms shall be furnished by the city which shall specify the following:

• (1) The name and address of the applicant;

• (2) The location, dimensions, and purpose of the proposed banner;

• (3) A facsimile of the proposed banner, including any legend or written matter;

• (4) The proposed date and time when the banner is proposed to be erected or installed and removed; and,

• (5) Such other information as the Director of Public Works may require.

• ('63 Code, § 7-5.03) (Ord. 222-C.S., passed 12-21-73; Am. Ord. 432-C.S., passed 7-4-85)

The following regulations shall be applicable to permits issued pursuant to the provisions of this chapter:

(A) Permits shall be issued only to civic organizations or public agencies for the purpose of bringing to the attention of the public events which are of a general public interest, such as parades, fairs and community celebrations. No permit shall be issued to further political, or commercial events.

(B) No permit shall be issued for a period in excess of 40 days.

(C) An applicant shall submit proof of public liability and property damage insurance to the Director of Public Works in an amount not less than $100,000 for any one person killed or injured, and $250,000 total liability for any one accident, and an amount not less than $50,000 for property damage.

(D) The permittee shall remove the banner for which a permit has been issued pursuant to the provisions of this chapter and restore the street to its condition prior to the erection or installation of the banner upon the expiration of the permit. If any permittee fails to remove the banner so erected or installed or fails to restore the street to its original condition upon the expiration of the permit therefor, the Director of Public Works shall have the right to perform the work and to collect from the permittee the cost thereof.

('63 Code, § 7-5.04) (Ord. 222-C.S., passed 12-21-73; Am. Ord. 432-C.S., passed 7-4-85)