Chapter 1 — STREETS AND SIDEWALKS

Section

9-1-1 Sidewalk and street obstructions

9-1-2 Repair or reconstruction of sidewalks

9-1-3 Compliance with construction specifications

9-1-4 Street openings or cuts; permit required

(A) Nuisance declared, exceptions.

1. It is hereby declared a public nuisance and it shall be unlawful for any person, agent, official or employee to place any

obstruction of any kind in any public street or alley, or any public parkway or sidewalk in the city, or to authorize, procure or permit any obstruction to be placed therein or thereon, and a separate offense shall be deemed committed for each day any such obstruction is maintained or permitted in any such street or alley or on any such parkway or sidewalk. Provided, that merchants and others receiving and delivering goods, whose premises are not served by an alley, shall be allowed two hours from the time such goods are deposited on a sidewalk or parkway until they are removed; provided further, that a space of five feet in width shall at all times be kept clear for a combination of persons passing.

2. The provisions of this section shall not apply to the temporary obstruction of streets or alleys by buildings while the same

are being moved from one place to another, nor to temporary obstructions for which encroachment permits have been first obtained from the Director of Public Works, nor shall the provisions of this section apply to potted shrubs or plants, clocks, drinking fountains and public telephones placed or maintained upon public parkways or sidewalks within the city by any person who shall have first obtained a permit in writing so to do from the Director of Public Works, nor to newsracks placed or maintained upon public parkways or sidewalks within the city; provided, they are in daily use and are so placed as to not interfere with or obstruct pedestrian traffic in the vicinity of their location.

(B) Notice to abate.

1. The Director of Public Works, with any required assistance from the Chief of Police, is hereby authorized and

empowered to notify in writing the owner, agent or person having charge of or occupying the premises on which the nuisance is being committed, and the person creating, causing, committing or maintaining it to abate this nuisance. Such notice shall specify the nuisance and the manner in which it is being committed, and shall be sent by registered mail, addressed to the persons above mentioned at their last known address.

2. A copy of said notice shall also be sent by registered mail, return receipt requested, to the person owning the land on

which the nuisance is being committed as such person’s name and address appear on the last equalized assessment roll.

3. Said notice shall also specify that the nuisance must be abated within 15 days after the date of the mailing of said notice,

or such shorter time as the Director of Public Works deems the abatement to be an emergency, then he or she shall have the power to order the abatement summarily within 24 hours of the giving of the written notice as set forth above.

(C) Penalty. Any person who violates any provision of this section shall be guilty of an infraction and upon conviction thereof shall be punishable as provided in § 1-4-1 of this code.

(Ord. 180, passed 11- -1974)

(A) Whenever any portion of any sidewalk space on any street, avenue, lane, alley, court or place in the city shall be in need of reconstruction and in such a condition to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, the Director of Public Works shall require the property owner fronting on any such street, avenue, lane, alley, court or place, to repair and/or reconstruct those damaged areas forthwith.

(B) The Director of Public Works will notify property owners of said defect(s) by way of a written notice to be delivered by the postal service in the form of a certified letter. The Director of Public Works shall particularly specify in said written notice what work is required to be done, and within lawful limits, what materials shall be used in said repairs and/or reconstruction.

(C) Within ten business days of receipt of the written notice, the property owner shall contact the Director of Public Works or his or her designee to arrange a time frame whereby such repairs and/or reconstruction will commence and when they will be completed. The property owner will be advised they can engage the services of the Public Works Department. The property owner will be responsible to pay for the cost of all materials and supplies. If the property owner does not engage the services of the city, the property owner will be responsible for all costs incurred.

(D) Every property owner who fails to correct those portions of sidewalk that are in need of repair and/or reconstruction as noticed are in violation of this code. Should this situation arise, the Public Works Department will cause the repairs and/or reconstruction to occur and the property owner will be responsible for paying “all” costs associated with the repairs and/or reconstruction. The property owner will also be charged a $100 administrative fee.

(E) Should the property owner fail to pay said fees, a lien will be placed on the property until such time as all fees are paid in full to the city.

(Ord. 501, passed 8-15-2000)

All curbs, gutters, sidewalks and drainage structures constructed in the city shall be in accordance with plans and specifications prepared by the City Engineer and on file in the office of the City Clerk.

(Ord. 90, passed 12-8-1955)

(A) No person shall cut or open any public street, alley, lane, court or other public place in the city for the purpose of laying

therein any water or gas pipe, box, flume or for any other purpose whatsoever, without first obtaining a permit from the Director of Public Works.

(B) Any person violating any of the provisions of this section, or doing any of the acts herein declared to be unlawful shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in § 1-4-1 of this code.

(Ord. 3, passed 2-20-1923)