CHAPTER 1
STREETS AND PUBLIC WAYS
STREETS AND PUBLIC WAYS
7-1-1 Excavations | 7-1-10 Traveling on Barricaded Streets or Alleys |
7-1-2 Vacation and Disposal of Streets | 7-1-11 Use of Parking |
7-1-3 Street Grades | 7-1-12 Use for Business Purposes |
7-1-4 Naming of Streets | 7-1-13 Washing Vehicles |
7-1-5 Railroad Regulations | 7-1-14 Burning Prohibited |
7-1-6 Removal of Warning Devices | 7-1-15 Maintenance of Parking or Terrace |
7-1-7 Obstructing or Defacing | 7-1-16 Dumping of Snow |
7-1-8 Debris Deposits Prohibited | 7-1-17 Underground Irrigation Systems in Parking |
7-1-9 Playing In Streets | 7-1-18 Penalty |
Except to install a mailbox, no person shall dig, excavate or in any manner disturb any street, parking, or alley except in accordance with the following:
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1. Permit Required. No excavation shall be commenced without first obtaining a permit therefore. A written application for such permit shall be filed with the City and shall contain the following:
A. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;
B. A statement of the purpose, for whom and by whom the excavation is to be made;
C. The person responsible for the refilling of said excavation and restoration of the street or alley surface; and
D. Date of commencement of the work and estimated completion date.
2. Public Convenience. Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
3. Barricades, Fencing, and Lighting. Adequate barricades, fencing, and warning lights meeting standards in the Manual of Uniform Traffic Control Devices and as otherwise specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing, or warning lights shall be paid to the City by the permit holder/property owner.
4. Insurance Required. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following minimum amounts:
A. Bodily Injury - $50,000.00 per person; $100,000.00 per accident.
B. Property Damage - $50,000.00 per accident.
5. Restoration of Public Property. Streets, sidewalks, alleys, and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.
6. Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least 24 hours prior to the time when inspection of backfill is desired.
7. Completion by City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of 24 hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.
8. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.
9. Notification. At least 48 hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.
10. Permit Issued. Upon approval of the application, a permit shall be issued. A separate permit shall be required for each excavation.
Notes
7 | † EDITOR’S NOTE: See also Title 10, Chapter 11 of this code. |
1. Power to Vacate. When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof, or any public grounds, the Council may do so by ordinance in accordance with the provisions of this section.
(Code of Iowa, Sec. 364.12[2a])
2. Planning and Zoning Commission. Any proposal to vacate a street, alley, portion thereof, or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within 30 days after the date the proposed vacation is referred to the commission.
(Code of Iowa, Sec. 392.1)
3. Notice of Vacation Hearing. The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.
4. Findings Required. No street, alley, portion thereof, or any public grounds shall be vacated unless the Council finds that:
A. Public Use. The street, alley, portion thereof, or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.
B. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.
5. Disposal of Vacated Streets or Alleys. When, in the judgment of the Council, it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7 of the Code of Iowa.
(Code of Iowa, Sec. 364.7)
6. Disposal by Gift Limited. The City may not dispose of real property by gift except to a governmental body for a public purpose.
(Code of Iowa, Sec. 364.7[3])
EDITOR’S NOTE
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EDITOR’S NOTE
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The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys and/or public grounds and remain in full force and effect. | |||
ORDINANCE NO. | ADOPTED | ORDINANCE NO. | ADOPTED |
49 | December 7, 1967 | ||
51 | March 21, 1968 | ||
72 | November 20, 1969 | ||
82 | July 2, 1970 | ||
126 | November 2, 1972 | ||
131 | March 29, 1973 | ||
142 | August 16, 1973 | ||
146 | September 6, 1973 | ||
210 | May 27, 1977 | ||
344 | May 20, 1986 | ||
370 | April 2, 1987 | ||
411 | August 18, 1988 | ||
438 | April 27, 1989 | ||
439 | April 27, 1989 | ||
449 | October 5, 1989 | ||
456 | March 15, 1990 | ||
463 | August 2, 1990 | ||
469 | October 4, 1990 | ||
483 | March 28, 1991 | ||
489 | May 16, 1991 | ||
536 | March 4, 1993 | ||
585 | November 17, 1994 | ||
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