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§ 41.203 REMOVAL OF OBSTRUCTIONS
   The city may notify any person who has caused any construction, obstruction, debris, trash, mud, dirt, or other foreign substances to be placed or deposited upon a public right-of-way in contravention of this chapter that the same is illegal and shall give the person twenty-four (24) hours to remove or remedy same. Upon failure of the person notified to remedy or remove the condition, the city shall proceed to remedy or remove the condition and bill the responsible party therefor. If the responsible party is the owner of the abutting real property, the charge shall be a lien on said property and may be included on the next succeeding tax bill for said property.
(Ord. No. 1.78, § 5, 1-3-78; Ord. No. 6-80, § 2, 3-18-80)
ARTICLE III. EXCAVATIONS AND CONSTRUCTION
§ 41.300 CONSTRUCTION
   All streets which are newly constructed within the context of the approval of a subdivision plat shall be build pursuant to the requirements of the subdivision regulations and subject to the jurisdiction of the planning commission, and built according to city specifications by the developer. The planning commission is hereby directed to require strict compliance with all street construction specifications.
(Ord. 13.92, 7-7-92)
Cross references:
   Obstructing of streets, sidewalks, § 53.003; parades and assemblies, § 154.200 et seq.; parking on streets, sidewalks prohibited, § 40.306; planning commission, Ch. 80; signs, banners across streets, § 54.004; subdivisions, App. A .
Statutory reference:
   Public works and improvements, KRS Ch. 94
§ 41.301 ENTRANCES AND DRIVEWAYS
   (A)   Permit required. No person, firm, or corporation shall hereafter construct, build, establish, or maintain any driveway or entrance over, across, or upon any portion of a public right-of-way without first having secured a permit therefor. Applications for permits shall be made to the clerk, and shall state the location and dimensions of the proposed entrance of driveway, the name of the applicant, and person or firm who is to do the actual construction work. All construction shall be performed in conformity with the plans and specifications of the city engineer, or those approved by the city council, and shall comply with the most recent street and drive installation policy adopted by the city.
(Ord. No. 1.78, § 4, 1-3-78; Amd. Ord. No. 1-97, 2-4-97)
   (B)   Construction projects. In order to ensure that the curbs, gutters, streets, and sidewalks in the city are properly maintained during construction of improvements, the street superintendent is hereby authorized to promulgate and enforce reasonable regulations governing street and driveway installation within the city. All persons or firms obtaining a building permit shall be given a copy of the regulations at the time the building permit is issued.
(Ord. No. 21.93, 9-21-93)
§ 41.302 EXCAVATIONS OF CITY STREETS
   (A)   Permit required. It shall be unlawful for any person to cut or excavate on, over or in any public street within the corporate limits of the city until the city engineer or street superintendent has issued and granted a permit therefor. All such permits shall require the applicant to comply with the most recent street cut and excavation policy adopted by the city.
   (B)   Application for permit, bond. Any person desiring to cut or excavate any public street shall submit an application to the city engineer or street superintendent showing the type of surface to be cut, the purpose for each cutting, the location of and the name of the street and a sketch of the proposed work, a statement as to the time that the street will be disturbed by such cutting. The street superintendent or city engineer may in their discretion require a cash or other bond in such amount or amounts as they deem appropriate. The bond shall be so conditioned as to require the full compliance by the applicant with all provisions of this article.
   (C)   Permit fee. The fees for a street cutting permit shall be $1.50 per linear foot. The fee shall be paid at the time the application is presented. The penalty for no permit shall be one hundred ($100.00) dollars plus repair costs.
   (D)   Plans, specifications. Any person who cuts or excavates any public street shall restore and replace the street or streets in accordance with plans and specifications promulgated by the city engineer, approved by the city council and on file in the office of the city clerk.
(Ord. No. 11.72, § 4, 9-19-72; Amd. Ord. No. 1-97, 2-4-97)
   (E)   Inspection, approval. Upon final inspection and approval by the city engineer or street superintendent of all work done pursuant to the provisions of this article, the city engineer or street superintendent shall immediately remit to the applicant the cash bond or other bonds provided for herein.
(Ord. No. 11.72, § 5, 9-19-72; Amd. Ord. No. 20.89, § 10, 7-25-89)
§ 41.303 REPAIR OF CITY STREETS
   (A)   All existing improved streets within the city are hereby accepted by the city for maintenance, and shall be maintained according to the present condition and current status and specifications of the city; provided, however, that this policy shall not apply to any street or portion of street under any construction bond or currently under the jurisdiction of the planning commission pursuant to § 41.300.
   (B)   Streets which are newly constructed pursuant to § 41.300 shall be inspected by the public facilities committee of the city council or its delegee. Upon a determination that the street has been constructed in compliance with city specifications, it shall thereafter be maintained by the city pursuant to subsection (A).
   (C)   In the event it is determined to be necessary to upgrade the status, size, or specifications of any accepted street, the determination of the source of payment for the improvement shall be made by the city council.
   (D)   The public facilities committee of the city council shall meet in April of each year with the city street superintendent and the code enforcement officer, and shall inspect the streets within the city and make recommendations to the city council by establishing a recommended priority list for repairing streets based on the severity of the needed repair. Repairs and maintenance shall be performed on the streets as the priorities may be established by the city council and as funds are available. In the event any street which is on the priority list is not repaired in the year in which it is listed, it shall be considered for repair in the next succeeding year.
(Ord. No. 13.92, 7-7-92)
ARTICLE IV. STREET NUMBERING
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