(A) Any person who violates a provision of this chapter for which no other penalty is provided shall be subject to penalties as provided in § 10.99 of this code.
(B) Any person, firm, or corporation violating any provision of § 95.01 shall be deemed guilty of a misdemeanor and upon conviction thereof in the Corporation Court of the city shall be fined in any sum as set by City Council ordinance.
(C) Any person, firm, partnership, corporation, or organization that violates any provision of § 95.03 shall upon conviction be subject to a fine of up to $200. Each day of violation shall constitute a separate offense.
(Ord. 49, passed 1-17-1955; Am. Ord. O-12-730, passed 5-21-2012)
CHAPTER 95: STREETS AND SIDEWALKS
Section
95.01 Cutting of streets; permits; safety measures; restoration
95.02 Installation of bridges, culverts, and crossways; cost
95.03 Public property regulations
95.99 Penalty
§ 95.01 CUTTING OF STREETS; PERMITS; SAFETY MEASURES; RESTORATION.
(A) It shall be unlawful for any person, corporation, or firm (herein referred to as “contractor”) to open or excavate any street in the city without first obtaining a permit from the city.
(B) It shall be the responsibility of the person, corporation, or firm excavating the street to notify the Fire Department and Police Department and to install barricades, flags, and any other safety measures necessary during the time of construction and until all hazards have been corrected after the completion of the work and surface, the same as original.
(C) All excavation in the roadway shall be replaced by tamping, jetting, backfilling, shall be replaced to a level of minimum of 0 inches above the original roadway elevation, and a good riding surface must result in the roadway. All repairs shall be subject to acceptance by the city.
(D) Fees for permits as set forth in division (A) shall be as set by City Council ordinance. The fee set out herein shall not be collected by the city if the proposed excavation is to be made in a street which is neither in use by the public nor cut to grade for such use; likewise, these charges shall not be collected if the proposed excavation is to be made in a street located in a subdivision then in process of development if all street improvements are by the developer at his or her expense and the excavation is made before the streets are accepted by the city.
(Ord. 49, passed 1-17-1955) Penalty, see § 95.99
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§ 95.02 INSTALLATION OF BRIDGES, CULVERTS, AND CROSSWAYS; COST.
In order to establish, erect, construct, regulate, and keep in good repair bridges, culverts, and crossways used by each property owner as a means of ingress and egress, by and between his or her property and the public thoroughfare, of any nature, and to regulate the construction and use of the same, it is hereby directed that the cost of that construction, repair, and upkeep shall be defrayed by the owners of the lot, or part of lot or block fronting on the public thoroughfare. The actual cost plus labor for bridges, culverts, and crossways constructed by the city shall be collected, if necessary, by the sale of the lot, or part of lot or block on which it fronts, together with the cost of collection, in the same manner as is provided for construction and maintenance of sidewalks in the city. The construction shall conform to specifications set out by the City Superintendent, the purpose of which shall be to allow the free and unhindered movement of surface water in the drainage areas of the city.
(Ord. 48, passed 7-18-1960) Penalty, see § 95.99
§ 95.03 PUBLIC PROPERTY REGULATIONS.
(A) It shall be unlawful for any person to obstruct, close up, or fill any street gutter or public drainage way of any kind within the city limits for any purpose.
(B) It shall be unlawful for any person to construct or build a culvert of wood or other temporary materials across any street gutter or public drainage way within the city limits.
(C) It shall be unlawful for any person, without first obtaining a permit from the city, to erect, construct, reconstruct, alter, or repair, or to permit the erection, construction, reconstruction, alteration, or repair, within the city limits, of any fence, wall, hedge, structure, or any other character of obstruction over, on, or across any public property, way, alley, street, sidewalk, or park, or between the property line of any lot and a public street or alley line. A permit fee as indicated on the fee schedule must be paid before a permit will be issued. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor. The owner(s) of any property, building, or premises, or part thereof, where anything in violation of this section shall be placed or exist, and any person assisting in the commission of any such violation shall also be guilty of a misdemeanor.
(D) It shall be unlawful for any person acting for himself or herself or acting as agent, employee, or contractor to set out for display any merchandise, equipment, racks, empty bottles, or cases, or any other articles that create an obstruction or other hazard or would detract from the appearance of the city sidewalks or streets. Any merchandise displayed in front of a business on public property must be set out for display only during the business operating hours and returned inside the business or returned to business property at the end of each business day. Any merchandise set out for display must allow for ADA accessible routes in front of the business at all times.
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(E) All work done or performed under a permit issued under the provisions of this section shall be done or performed in a good and workmanlike manner. Such work shall not be accepted or approved by the city until the premises thereof have been cleaned and cleared of all debris, trash, and rubbish that may have accumulated during such work.
(Ord. O-12-730, passed 5-21-2012) Penalty, see § 95.99
§ 95.99 PENALTY.
(A) Any person who violates a provision of this chapter for which no other penalty is provided shall be subject to penalties as provided in § 10.99 of this code.
(B) Any person, firm, or corporation violating any provision of § 95.01 shall be deemed guilty of a misdemeanor and upon conviction thereof in the Corporation Court of the city shall be fined in any sum as set by City Council ordinance.
(C) Any person, firm, partnership, corporation, or organization that violates any provision of § 95.03 shall upon conviction be subject to a fine of up to $200. Each day of violation shall constitute a separate offense.
(Ord. 49, passed 1-17-1955; Am. Ord. O-12-730, passed 5-21-2012)