TITLE 10
PUBLIC WAYS AND PROPERTY
PUBLIC WAYS AND PROPERTY
CHAPTER 1
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
SECTION:
10-1-1: Curb And Driveway Construction Permit
10-1-2: Sidewalk Installation And Repair
10-1-3: Snow And Ice Removal
10-1-4: Obstructing Public Ways
10-1-5: Expectoration
10-1-6: Hauling Of Dirt, Other Materials Through Streets
10-1-7: Unlawful Deposits
10-1-8: Removal Of Barricades Or Warning Devices
10-1-9: Driving On Sidewalk
10-1-10: Playing In Streets
10-1-11: Unused And Inoperable Vehicles
A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41-31)
B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application showing the name and address of the owner of the property abutting the proposed work area, the name and address of the party doing the work and such other information as the city manager shall find reasonably necessary to the determination of whether a permit should be issued. (2007 Code § 41-32)
C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41-33)
D. Council Approval Required For Issuance In Certain Areas:
1. Northwest Arterial: Access to the northwest arterial may be granted only by the department of transportation with the concurrence of the city manager. The city manager shall not concur in the granting of a permit under this section for any driveway access onto the northwest arterial without prior approval of the city council.
2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be allowed on any intersecting side street under city jurisdiction within one hundred fifty feet (150') of the edge of the northwest arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (2007 Code § 41-34)
E. Issuance: The city manager shall issue a permit required by this section for the work applied for if the city manager finds:
1. That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the city engineer;
2. That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; and
3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41-35)
A. Installation:
1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb shall, at the owner's cost, install to standard city specifications a sidewalk along the full length of the portion of the lot or parcel abutting the public street when said lot or parcel is developed or redeveloped or at the direction of city council. For purposes of this subsection, "development or redevelopment" means any improvement that creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel.
2. Upon application and for good cause shown, the city manager may grant a full or partial exception to the above requirement. (Ord. 44-09, 9-8-2009)
B. Duty Of Abutting Property Owner To Maintain: The abutting property owner must maintain the area from the back of the curb to the right of way line, and must keep such area in a safe condition free from defects, debris, nuisances, obstructions or any other hazard. The abutting property owner must maintain such area in a safe condition, in a state of good repair, and free from defects. Notwithstanding the obligations imposed hereunder, the property owner may not remove diseased trees or dead wood or plant, trim, remove or treat any tree or plant material on public right of way without first obtaining a permit from the city forester. (Ord. 57-14, 9-2-2014; amd. Ord. 43-24, 7-1-2024)
C. Notice To Replace, Repair Or Reconstruct:
1. Whenever the city manager shall determine that the conditions of any sidewalk as described in subsection B of this section exist, the city manager shall serve notice by certified mail on the abutting property owner, as shown by the records of the county auditor, requiring the abutting property owner to replace, repair or reconstruct the sidewalk.
2. If the city manager determines that the replacement, repair or reconstruction of the sidewalk is not practicable because of circumstances beyond the control of the abutting property owner, the city manager may allow or require a temporary repair of the sidewalk until such circumstances no longer exist. (2007 Code § 41-102)
D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By City: If the abutting property owner who has been notified pursuant to subsection C of this section to repair, replace, reconstruct, or temporarily repair the sidewalk shall fail to repair, replace, reconstruct, or temporarily repair such sidewalk within thirty (30) days after the mailing of such notice, the city manager may cause the required action to be performed and assess the costs against the abutting property for collection in the same manner as a property tax. (2007 Code § 41-103)
E. Installments: If any amount assessed against property under subsection D of this section exceeds one hundred dollars ($100.00), the assessment may be paid in ten (10) annual installments, in the same manner and with the same interest rates as provided for assessments against benefited property under the code of Iowa. (2007 Code § 41-104)
F. Procedures For Levy: The procedures for making and levying a special assessment pursuant to subsection D of this section and for an appeal of the assessment are the same procedures as provided under the code of Iowa. (2007 Code § 41-105)
G. Sidewalk Inspection Policy: The city manager shall develop, with the approval of the city council, a written sidewalk inspection policy which shall govern the repair, replacement, reconstruction or temporary repair of sidewalks. (2007 Code § 41-106)
A. Placement In Streets:
1. Deposits From Private Premises: No person, without the express permission of the city manager, shall remove, or cause to be removed, any snow, ice or accumulations thereof from any private premises and deposit the same, or cause the same to be deposited, upon any public street, alley or sidewalk within the city.
2. Deposits Restricting Safety, Access Of Traffic: No person, without the express permission of the city manager, shall move or displace, or cause to be moved or displaced, any snow, ice or accumulations thereof from any section or part of a public street, alley or sidewalk to any other part of a public street, alley or sidewalk when such movement or displacement restricts the safety or free access of motor vehicle and pedestrian traffic.
3. Deposits Upon Areas Cleared For Use Of Traffic: When the traveled portion of a street or alley has been cleared for the use of motor vehicle or pedestrian traffic, no person, without the express permission of the city manager, shall place, or cause to be placed, any snow, ice or accumulations thereof upon the cleared areas of said streets or alleys. (2007 Code § 41-76)
B. Placement On Private Property: No person shall remove, or cause to be removed, any snow, ice or accumulations thereof from any private premises, public street, alley or sidewalk and deposit the same, or cause the same to be deposited, upon other private property without the express consent of the owner of said property. (2007 Code § 41-77)
C. Removal From Sidewalks:
1. Duty Of Abutting Owner: The owner of any lot or parcel thereof abutting upon any sidewalk on the city streets shall promptly remove, or cause to be removed, accumulations of snow, ice or slush from such sidewalks. (2007 Code § 41-86)
2. Removal By City; Assessment And Collection Of Costs:
a. Removal By City: In the event accumulations of snow, ice or slush are permitted to remain on sidewalks for more than a reasonable length of time, the city manager, when the city manager deems it necessary in the interests of public safety, shall cause the same to be removed. (2007 Code § 41-87)
b. Collection Of Costs: When the city manager has caused accumulations of snow, ice or slush to be removed from any sidewalk, the city manager shall promptly ascertain the actual cost thereof, including the cost of supervision, inspection and accounting, and shall certify such actual cost to the city clerk who, in turn, shall promptly certify such cost to the county treasurer and it shall then be collected with and in the same manner as general property taxes in accordance with the provisions of law. (2007 Code § 41-88)
No person shall commit any of the following acts:
A. Causing Obstruction Without Permission: In any way obstruct or cause to be obstructed, any street, alley, sidewalk or other public place by placing therein or thereon any stone, lumber, brick, wood or other thing or by making or causing to be made any excavation therein or thereon without having first secured written permission from the city manager to do so.
B. Fuel Or Merchandise: Place or cause to be placed on any of the streets, alleys, sidewalks or other public places, any cord, wood, lumber, brick, stone or any other species of property or thing, and suffer the same to remain thereon or therein for more than ten (10) hours after having been notified by the city manager to remove the same; provided, that this subsection shall not be construed to apply in cases of removal or importation of goods, wares and merchandise belonging to merchants where the same do not remain as an obstruction for more than ten (10) hours and do not occupy more than one-third (1/3) of the width of the sidewalk from the building to the curb line.
C. Cart Or Vehicle: Obstruct any sidewalk by drawing, leading or driving any cart or vehicle upon the same, or leave any cart, vehicle or animal upon the same.
D. Cellar Door Or Grating Left Open: Keep or leave open any cellar door or grating, or covering of any vault, on any street or sidewalk, or allow any such cellar door, grating or covering belonging to the premises occupied by such person, to be in an insecure condition and thereby dangerous to the public safety. (2007 Code § 41-2)
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