§ 13-148 SAME - APPLICATION FOR PERMIT; SPECIFICATIONS; ISSUANCE OF PERMIT.

   Any person shall prior to the installation of drainage pipe within the right-of-way of any public street, make application to the city for a permit to install such pipe. The application shall be made in the form specified by the City Manager. The application shall be submitted to the Engineering Department of the city which shall determine the size of the pipe which shall be used and which shall determine the requirements and specifications for the proper installation of such pipe in accordance with good engineering practices so that such installation shall not impede but shall facilitate the proper flow of water into the drainage systems of the city. The permit shall be issued in such form as may be prescribed by the City Manager, and shall be signed on behalf of the city by the City Manager, the City Engineer or such other employee of the city as the City Manager may designate.

(1989 Code, § 13-148) (Ord. passed 10-16-84) Penalty, see § 1-16 et seq.

§ 13-149 RESTORATION OF STREET.

   It shall be the duty of every person who shall open or dig a ditch, trench or hole in any street, public alley or sidewalk of the city to put such street, public alley or sidewalk in as good condition in all respects as it was before such excavation.

(1989 Code, § 13-149) Penalty, see §§ 1-16 et seq.

§ 13-150 PROTECTION AND WARNING DEVICES REQUIRED.

   It shall be unlawful for any person making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover such excavations with planks or place ropes around the same three feet from the ground or to fail to place a sufficient number of red lights around such excavation before dark and to keep such lights burning all night every night such excavation shall be open.

(1989 Code, § 13-150) Penalty, see §§ 1-16 et seq.

ARTICLE V: VEGETATION ON PUBLIC PROPERTY

Section

   13-166   Trimming or removal of obstructing shrubbery required

   13-167   Notice to remedy obstruction; removal without notice in dangerous conditions

   13-168   Service of notice

   13-169   Action by city upon failure of owner or occupant to comply with notice

   13-170   Charges for trimming or removal to become lien

   13-171   Defect in giving notice not to affect validity of lien

   13-172   Trimming or removal by city not to prevent city from taking criminal action

§ 13-166 TRIMMING OR REMOVAL OF OBSTRUCTING SHRUBBERY REQUIRED.

   Every person owning or occupying any premises in the city which adjoins any sidewalk, street or other public way maintained by the city shall keep all shrubbery, bushes or any other vegetation growing on the premises trimmed so that the vegetation does not hang over the public way in such a manner as to constitute an obstruction to the public way. If the overhanging vegetation cannot be trimmed so that it does not constitute an obstruction to the public way, then the person owning or occupying the premises shall remove the overhanging vegetation in its entirety from the edge of the public way.

(1989 Code, § 13-166) Penalty, see §§ 1-16 et seq.

§ 13-167 NOTICE TO REMEDY OBSTRUCTION; REMOVAL WITHOUT NOTICE IN DANGEROUS CONDITIONS.

   If any person shall violate the provisions of § 13-166, it shall be the duty of the Sanitation Department of the city to give notice to the owner or to any person in possession of the premises in connection with which a violation of such section exists directing that within seven days from the date of such notice the overhanging vegetation constituting the obstruction shall be trimmed so that it does not constitute an obstruction on any public way or else removed in its entirety from the edge of the public way. If the overhanging vegetation is obstructing a public way in such manner as to create a dangerous condition which requires its being trimmed or removed without delay, the Sanitation Department may, without notice, proceed to trim the vegetation so as to remove the obstruction and dangerous condition, or if such obstruction and dangerous condition cannot be removed by trimming the vegetation, the Sanitation Department may proceed to remove the vegetation in its entirety from the edge of the public way, and the costs thereof shall be charged against the premises.

(1989 Code, § 13-167)

§ 13-168 SERVICE OF NOTICE.

   The notice required by § 13-167 shall be personally served on the owner of the premises upon which the violation exists if such owner can be ascertained with reasonable diligence and if he can with reasonable diligence be found within the city. If the name of such owner cannot be ascertained or if he cannot with reasonable diligence be found in the city, then such notice shall be personally served on any person in possession of the premises or, if there is no person in possession of the premises, by posting such notice on the premises. If the premises are owned by more than one person, such notice may be served upon any person having any estate or interest in the premises and such service shall be deemed a sufficient compliance with this section. If the premises are owned by a corporation, such notice may be served upon any local officer or agent of the corporation. Any such notice may be served by the Sanitation Department or by any police officer of the city when so authorized by the Sanitation Department.

(1989 Code, § 13-168)