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(A) Maintenance of sidewalks.
(1) Every owner of any lot or piece of land within the city shall at all times keep and maintain the sidewalk along and contiguous to the lot or piece of land in good and proper repair and in a reasonably safe condition for travel for all travelers thereon in accordance with American’s with Disablities Act regulations.
(2) In case the owner of any lot or pieces of lands abutting on any sidewalk in front of or along that owner’s lot or piece of land within the time and in the manner as directed and required by this chapter after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition thereon and the Mayor and City Council shall cause the sidewalk to be constructed or repaired as authorized by law and assess the cost thereof against the property as a special tax.
(B) Curbing. The city shall at all times keep and maintain the curbing along and contiguous to any publicly dedicated streets located within the corporate limits of the city in good repair. The city shall repair the first four feet of any sidewalk or American’s with Disabilities Act handicapped ramp located directly adjacent to a curb which has been damaged as a result of curb repair performed by the city with the exception of curbside sidewalks.
(C) Clearance over streets and walkways.
(1) (a) Clearance over walkways shall be the responsibility of the abutting property owner. A clearance of eight feet will be maintained over walkways and a clearance of 14 feet shall be maintained over streets and alleys.
(b) Property owners are responsible for trees on their own property. Property owners will report any infractions of street trees that abut their property to the Public Works Department who will evaluate the situation and take appropriate action at city expense.
(2) It shall be the duty of the city to trim any trees to the 14 feet above the streets height so that they will not inhibit the passage of vehicles.
(3) It shall be the duty of the utility company to trim any trees within or in close approximation to utility lines.
(4) (a) If any trees are permitted by the owner of the adjacent premises to grow untrimmed in violation of the provisions of this section, it shall be the duty of the Public Works Department to notify the owner in writing to trim the trees within the time and manner to be specified in the notice.
(b) If any person so notified shall neglect or refuse to comply with the notice, the Public Works Department shall forthwith cause the trees to be trimmed at the expense of the city and the costs thereof assessed against the property.
(Prior Code, § 94.030) (Ord. 94-71, passed 11-21-1994; Ord. 03-15, passed 5-19-2003) Penalty, see § 94.999
The construction and repair of all trails and sidewalks hereafter built, reconstructed or repaired within the city shall, unless otherwise specifically directed by the City Council, be done under the direction and supervision of the City Engineer and under such specifications, rules and regulations as are now in force or which may hereafter be adopted by the City Council.
(Prior Code, § 94.031) (Ord. 3165, passed 6-1-1987; Ord. 03-15, passed 5-19-2003)
(A) As a condition of obtaining a building permit for the construction of any structure on any property, excluding alteration or remodeling of existing structures and the construction of accessory buildings including, but not limited to garages and storage buildings, the applicant for the building permit shall agree to construct a trail, sidewalk or sidewalks on the property to be improved by the structure except when the sidewalk or sidewalks will be adjacent or parallel to a public road or roads for which the grade has not been established.
(B) Trails shall be constructed at locations shown on the City Master Trail Map. The trail, sidewalk or sidewalks shall be located and constructed according to plans, specifications and grades established by the City Council and the City Engineer.
(Prior Code, § 94.032) (Ord. 2430, passed 4-21-1976; Ord. 03-15, passed 5-19-2003)
EXCAVATIONS
It shall be unlawful for any person to make an excavation in any street or streets for any purpose whatsoever unless a written permit is issued by the Director of Public Works or the City Engineer authorizing the excavations.
Penalty, see § 94.999
Any person to whom a permit is granted shall maintain good and sufficient barricades, guards, lights and signals, in accordance with the current version of the Manual of Uniform Traffic Control Devices, so as to fully protect the public from injury or damage by reason of any excavation or opening made and shall, before commencing any such excavation, file with the Clerk a signed indemnification agreement which shall hold the city free and harmless from any and all liability, claims, damages, judgments, costs and expenses of every nature and description caused by or growing out of: The making of any excavation, opening, hole or trench in an street, alley or sidewalk; the placing of an obstruction, barricade, material, equipment or apparatus in any street, alley or sidewalk; the failure to properly protect any excavation, opening, hole or trench in any street, alley or sidewalk; or any and all negligence on the part of the applicant in the use and occupancy of any street, alley or sidewalk in any manner or nature whatsoever. In addition to the indemnification agreement, the permitee shall furnish satisfactory evidence of insurance in an amount as set by resolution.
(Prior Code, § 94.046) (Ord. 854, passed 11-20-1957) Penalty, see § 94.999
(A) (1) If any excavation or opening is made in any street, paving, gravel or crushed stone or any sidewalk is removed from any street, alley or sidewalk space under any permit hereunder, the applicant shall submit an electronic application for a permit through the city’s website application submittal platform and pay a fee as set by resolution. The applicant shall have on file a certificate of liability insurance naming the city as an additional insured. All cuts in paving and sidewalks shall be a minimum of 36 inches wide and be made rectangular with a saw or other tool approved by the Public Works Director so as to leave edges straight, smooth and perpendicular, or in lieu thereof, the applicant shall remove an entire slab or section of concrete.
(2) It is hereby made the duty of the Public Works Director or designee to cause the refilling of the excavation or opening to be made in the pavement or sidewalk of gravel or stone surfacing in the street or alley to be replaced and to pay the cost and expense incident thereto from the deposit. After the inspection and approval, as set forth above, of the replacement, the city shall be responsible for the cost of continued maintenance and repairs thereof.
(B) It shall be unlawful for any officer or employee of the city to either give away or to receive any excavated material removed from any street, alley or other public place within the city, and it shall be unlawful for any officer or employee of the city or for any other person to sell or purchase any excavated material from any street, alley or other public place within the city, except by the direction of the Public Works Director.
(C) (1) Persons making excavations for underground water, telephone, electrical, cable television, sewer, chemical or any other liquid lines across paved or asphalt streets, alleys or sidewalks are responsible for replacing the concrete or asphalt to the original thickness and quality.
(2) All replacing of concrete and asphalt shall be done by the city, its employees or designated representatives, and the applicant shall pay the costs thereof.
(D) In preparation for pouring new concrete, the contractor shall drill holes at a mid-way point of the thickness of the paving being cut, thence space five-eighths (5/8) inch diameter by 18 inches long cold rolled steel rods every 30 inches the entire perimeter of the excavation. Holes shall be drilled eight inches deep into existing concrete. Drilling into loose or broken concrete will not be permitted. Applicants shall pay for all costs incurred.
(E) Persons making the excavations and replacement of the materials shall compact filled excavated material by mechanical means to 95% of the maximum density in accordance with the standard proctor.
(Prior Code, § 94.047) (Ord. 88-17, passed 4-18-1988) Penalty, see § 94.999
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