CHAPTER 1010: STREETS, CURBS AND SIDEWALKS GENERALLY

Section

1010.01 Compliance with sidewalk specifications

1010.02 Right-of-way permits

1010.03 Liability insurance

1010.04 Permit fees

1010.05 Conformity of sidewalks to street grade; exception

1010.06 Sidewalk widths

1010.07 Sidewalk materials

1010.08 Driveway walks

1010.09 Nonconforming work

1010.10 Curb cuts

1010.11 Tree lawns

1010.12 Certain tolerated tree lawn items

1010.13 Municipal utilities exceptions

1010.99 Penalty

Editor’s note:

   Chapter 1010, previously a codification of Ordinance 111-63, passed November 25, 1963, Ordinance 94-74, passed June 10, 1974, and new matter, was repealed and re-enacted in its entirety by Ordinance 56-90, passed March 26, 1990.

§ 1010.01 COMPLIANCE WITH SIDEWALK SPECIFICATIONS.

   In order to have all sidewalks on streets in the city constructed and repaired in a reasonable and uniform manner, all sidewalks repaired or replaced hereafter in a city right-of-way or on city property shall be done in conformity with the requirements of this chapter.

(Ord. 56-90, passed 3-26-1990; Ord. 222-04, passed 10-25-2004)

§ 1010.02 RIGHT-OF-WAY PERMITS.

   All work done by private citizens in the public right-of-way shall be done only after a permit has been issued by the Public Works Director and required proof of insurance has been furnished. Permits are required for any category of work that follows:

   (a)   Construction, removal or repair of any sidewalk in the right-of-way;

   (b)   Excavation, tunneling or grading for the purpose of constructing, repairing or removing any sewer or drain in the right-of-way;

   (c)   Excavating, widening, filling, obstructing or materially changing any street or roadway drainage channel; or

   (d)   Cutting or otherwise changing, altering or constructing any curb.

(Ord. 56-90, passed 3-26-1990; Ord. 43-2014, passed 4-14-2014)

§ 1010.03 LIABILITY INSURANCE.

   The required permit shall not be issued unless the permit applicant deposits with the Public Works Department required proof of insurance providing coverage for the city, as well as the party doing the work, against any loss or damage to any person or property resulting from any act performed before completion of the work proposed. The amount of insurance coverage required shall be determined by the following guidelines: the extent of work involved in the proposed project; the manner in which the proposed project is to be completed; and the total approximate gross cost of the proposed construction project.

   A homeowner permit applicant not employing highway use equipment or vehicles, and proposing to perform all of the work completely on his or her own, and for his or her own residential realty, shall present a copy of the policy with a minimum limit of liability for property damage in the amount of at least $100,000 per loss, and for bodily injury and wrongful death in the amount of at least $150,000 per person, plus at least $300,000 total aggregate loss. A homeowner permit applicant employing highway use equipment or vehicles and/or a contractor applicant shall present a policy having a minimum limit of liability for property damage in the amount of at least $100,000 per loss, and for bodily injury and wrongful death in the amount of at least $300,000 per person, plus at least $1,000,000 total aggregate loss.

   In the event the Public Works Director determines, under the guidelines set forth herein, that the minimum coverages required are insufficient to adequately cover the probable risks involved for a particular proposed construction project, then higher minimum limits shall be required in such insurance policy commensurate with the probable risks involved.

(Ord. 56-90, passed 3-26-1990; Ord. 43-2014, passed 4-14-2014)

§ 1010.04 PERMIT FEES.

   Right-of-way permit fees are as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.

(Ord. 56-90, passed 3-26-1990)

§ 1010.05 CONFORMITY OF SIDEWALKS TO STREET GRADE; EXCEPTION.

   All sidewalks shall be laid to conform to the established grade of the street and shall slope so as to coincide with the following described line: beginning at the top of the curb at the established grade and extending thence to the fence line or property line at an incline upward from such curb at the rate of three- eighths of an inch for each foot. At street intersections where the grade of streets renders such slope impracticable, the sidewalks shall be laid under the direction and to the acceptance of the Municipal Engineer.

   For the replacement or repair of segments of sidewalk where the abutting sidewalk does not have the prescribed incline, the sidewalks shall be laid under the direction and to the acceptance of the Municipal Engineer.

(Ord. 56-90, passed 3-26-1990)