Property owners are hereby permitted to use a portion of the street and all of the sidewalk in the front or side of their property for the storage of building materials during such time as a building is being erected thereon, provided:
A. Maximum Space Used: The space used shall not exceed fifteen feet (15') from the curb line toward the center of the street.
B. Use Restricted: Only that portion of the street that would be included in the extension of the property lines of the property in front of which such material is permitted to be stored shall be used for such purpose.
C. Protection Of Gutters: The gutter shall be kept clear and free from obstructions.
D. Enclosed Walk: An enclosed walk shall be built around such obstruction and within the fifteen feet (15'), the enclosed walk to be not less than four feet (4') in width and with protection at the sides and above the enclosed walk to protect pedestrians from traffic upon the street and materials which might fall from such structure in the process of erecting the same. (1991 Code § 5-2)
E. Reduction Of Distance: The building inspector may, in his discretion, require that a distance of less than the fifteen feet (15') be used for such purposes in specific cases where conditions warrant the same.
F. Application Of Section: The provisions of this section are intended to apply to the use of such portions of the streets as are in the fire limits. In the residence districts, portions of the street may be used as elsewhere provided by ordinance subject to any orders of the building inspector concerning the same.
G. Discretion Of Building Official: The building official shall have power to restrict the use of the streets from the placing of building materials to the exclusive use of the sidewalk and providing a passageway outside the sidewalk when in his judgment it is necessary in the interest of public safety. (1991 Code § 5-2; amd. 2007 Code)
H. Maintenance Of Passage: All covered passages shall be constructed as required by the international building code. This protection shall be maintained as long as the material is being handled on the building from above the level of the ground. A system of efficient electric lighting shall be maintained in this passageway. (1991 Code § 5-2; amd. Ord. 878, 1-4-2005)
1. Protection Of Excavations: All excavations or open pits on or over any street or alley shall be protected by the erection of ample and strong fences not less than three feet six inches (3'6") high and consisting of upright posts not less than four inches by four inches (4" x 4") spaced not more than eight feet (8') apart, with not less than three (3) one inch by six inch (1" x 6") horizontal pieces, all properly secured.
2. Protection Of Adjoining Property, Support Of Adjoining Earth: When an excavation is made on any lot, and provision for the support of adjoining earth is not otherwise made in accordance with law, the person making such excavation or causing it to be made shall at his own expense and cost, except as herein otherwise provided, build a retaining wall to support the adjoining earth. Such retaining wall shall be carried up to the height of the established grade of the street or alley adjoining such property and be properly protected by copings.
3. Party Walls; Intention To Use: If an adjoining party wall is intended to be used by the person causing the excavation to be made and such party wall is in good condition and sufficient for the uses of the existing and proposed buildings, the person causing the excavation to be made shall at his own expense preserve such party wall from injury, and support the same by proper foundations so that the party wall shall be and remain as safe as before the excavation was commenced.
4. Protection Of Adjoining Building And Walls:
a. Responsibility Of Adjoining Property Owners: If excavations are not carried to a depth greater than the legal depth, the owners of adjoining or contiguous walls, buildings or structures shall at their own expense preserve the same from injury whenever necessary for that purpose and shall be permitted to enter upon the premises where such excavation is being made.
b. Responsibility Of Excavator: When an excavation is made or intended to be carried to more than the legal depth, the person causing the excavation to be made shall obtain permission to enter upon the adjoining property for the purpose of preserving from damage or injury, without cost to the owner thereof, any adjoining or contiguous wall, building or structure and shall support same by proper foundations so that such wall or structure will be and shall remain as safe as before such excavation was commenced. If the necessary permission is not granted to the person causing the excavation to be made, then it shall be the duty of the owner refusing to grant the permission to make his adjoining or contiguous wall or structure safe, and to support same by proper foundations so that the adjacent excavation may be made; whenever necessary for this purpose, such owner is to be permitted to enter upon the premises where the excavation is made.
5. Failure To Protect After Notice: If the person whose duty it is to preserve and protect any wall, building, or structure from injury shall fail or neglect to do so after having twenty four (24) hours' notice from the building official, the building official shall enter upon such premises and employ the necessary labor, furnish material and take such steps as in his discretion may be necessary to make the same safe and secure.
6. Protection Of Skylight And Roof: Where walls are carried up above the roof of an adjoining building, proper means shall be provided and used by the person erecting the walls for the protection of the skylights and roofs of adjoining buildings. Should the owner of such building refuse permission to have his roof and skylight protected, such refusal shall be reported in writing to the building official, and it shall be the duty of the owner refusing such permission to make his skylight and roof safe at his own expense. Such refusal by the owner shall relieve the owner or person erecting the building from any responsibility for damage done to persons or property on or within the adjacent building.
J. Occupancy Of Public Property; Permit: All temporary occupancy of public property as hereinafter provided shall be considered and treated as being at the will of the city, and will be permitted only by a special permit from the building official. This permit will be for temporary occupancy of the street immediately in front of the contemplated building or structure for the storage of building materials as herein described and for administration purposes.
K. Permit During Operation Only: The permission to temporarily occupy streets and sidewalks for the purpose of building is intended for use only in connection with the actual erection, repairing, alteration, or removal of buildings and is terminated after completion of such operations; and it shall be unlawful to occupy any street after the completion of the operation for which the permit has been issued. If at any time building operations shall be discontinued for a period of more than thirty (30) days, all such temporary buildings and obstructions must be removed, leaving a clear unobstructed passage or roadway. Any permit for the occupancy of public property may be revoked by the building official at his discretion. Such period of thirty (30) days may be extended not to exceed sixty (60) days at the discretion of the building official.
L. Extent Of Street Occupancy: The occupancy of a street for the purposes permitted shall never extend in front of any one building to exceed one-third (1/3) of the width of the street between the curbs. In all cases where an obstruction in the street is made, there shall be a clear space of not less than one foot (1') between the obstruction and the curb line, which may be arched over at a height sufficient to permit drainage of water in the gutter.
M. Removal Of Earth And Rubbish: Earth taken from the excavation and rubbish taken from the building shall not be stored upon the sidewalk or roadway of the street, but shall be removed from day to day as produced. Dry rubbish must be kept wetted down. Building rubbish and useless material on upper floors must be lowered in receptacles by the elevators or through enclosed chutes and such chutes shall extend to the curb line.
N. Temporary Sheds: Temporary sheds for office purposes or for the storage of tools and materials may be erected upon the public property within the limits prescribed for materials.
O. Fire Hydrants: All fire hydrants shall be left easy of access at all times.
P. Temporary Fences: Temporary wooden fences to shield lots during building operations may be erected upon public property if the permit for the same has been obtained. Such fences are not to be less than five feet (5') high.
Q. Flashing Amber Lights: Flashing amber lights must be displayed on and maintained from sundown until sunrise at each end of any piles of material and at each end of every excavation. (1991 Code § 5-2)
Notes
| 1 | 1. See also section 8-1-5 of this code. |