Chapter 12.04 — STREET AND SIDEWALK EXCAVATIONS AND OBSTRUCTIONS GENERALLY

Except as provided in those limited circumstances provided for in Chapter 12.08 , it is unlawful for any person to place, keep, have, erect or install on any street, sidewalk or alley of the city any fixture, appliance or obstruction of any nature whatsoever, except poles carrying wires for the transmission of electrical power or for the transmission of telephone or telegraph messages and except standards or posts upon which are placed receptacles or boxes for the deposit of materials received or sent through the United States mail; provided however, that on that portion of Main Street and its sidewalks of the city lying between Pine Street and Weatherlow Street, it is unlawful for any person to place, keep, maintain, have, erect or install any pole, post, fixture or obstruction of any nature whatsoever, and further provided, that this section shall not be construed to apply to cases where permits for temporary obstructions of sidewalks, streets or alleys are lawfully granted by the superintendent of streets.

(Prior code § 17.1)

During the time that any property owner is causing to be made or making any repairs or alterations on his or her building in the city or is causing to be constructed or constructing a new building in the city, he or she shall be entitled to apply to the superintendent of streets and upon proper showing of the necessity thereof, shall be entitled to receive from the superintendent of streets a temporary permit allowing the property owner the use of the sidewalk directly in front, at the side of, or at the back of his or her property at one-third of the width thereof, for such time as to the superintendent of streets shall deem necessary and upon expiration of the permit before the improvement or work has been completed the property owner shall be entitled to have the permit renewed for such time as shall be necessary, provided that in all cases of renewals it shall be the duty of the property owner to establish to the satisfaction of the street superintendent that the property owner has prosecuted his or her work diligently and without unnecessary delays. However, the permission to use a portion of the sidewalks granted in this section is subject to the following restrictions: Anyone receiving such permit shall be liable for all damage caused by the use of the sidewalk, either to person or property. For the purpose of this section uses of the sidewalk hereinabove authorized shall be deemed not to be obstructions of the sidewalk. Anyone feeling aggrieved at the action of the street superintendent in connection with any of the matters set out in this section may appeal directly to the city council. (Prior code § 17.2)

For actual construction and repair of streets and sidewalks the street superintendent is authorized to issue such permits as he or she shall deem necessary and which are not in conflict with the state laws relating thereto. Anyone feeling aggrieved at the action of the street superintendent in connection with any of the matters set out in this section may appeal directly to the city council. (Prior code § 17.2)

No sign advertising a business or businesses conducted in or upon any premises which front upon any street or way within the city shall protrude upon or over the public way adjacent to such premises unless:

• A. Such sign is wholly supported by a building or other structure located entirely upon such premises;

• B. Such sign is at least 12 feet above the adjacent public way and extends no closer than two feet to the curbline of such public way;

• C. A permit therefor has been issued by the director of public works pursuant to an application therefor made upon a form prescribed by the director of public works; and

• D. Such sign conforms to all other ordinances, rules and regulations of the city. (Prior code § 17.5(a))

It is unlawful for any person to dig up, excavate or in any manner obstruct any public street, highway, square, avenue or alley in the city without having first obtained a permit therefor from the street superintendent of the city.

(Prior code § 17.6)

The permit required by Section 12.04.050 of this code may be granted by the street superintendent upon a written application made by or on behalf of the person desiring to dig up, excavate or obstruct such street, highway, square, avenue or alley, which written application must show the nature, extent and purpose of such digging up, excavation or obstruction. (Prior code § 17.7)

No excavation or obstruction shall be allowed to remain in the streets, highways, squares, avenues or alleys a longer time than is reasonably necessary for the accomplishment of the purpose shown in the application. All excavations must be promptly refilled as soon as the work is accomplished, in a workmanlike manner. The street, highway, square, avenue, or alley must be placed in as good repair

and condition as it was prior to such excavation. Such refilling shall be done in such manner as may be prescribed by the street superintendent. (Prior code § 17.8)

The street superintendent shall have full power and authority to supervise and direct such excavation and the refilling and repair and replacement of such portions of such street, highway, square, avenue or alley.

(Prior code § 17.9)