(a) Conditions Precedent to Improving Streets. No department of this Municipality shall accept, lay out, open, improve, grade, pave, curb or light any street or other way, unless the street or way has been accepted or opened or otherwise has received the legal status of a public street or way prior to the effective date of this chapter; or unless the street or way corresponds in location and extent with a street or way shown on a recorded plat which has been legally accepted by Council.
(b) Opening Permit Required. It shall be unlawful for any person, other than an authorized Municipal official or the authorized employees or agents of such municipal official, to make any opening in any street, alley, sidewalk, or public way of the municipality unless a permit to make the opening has been obtained prior to commencement of the work.
(c) Application and Cash Deposit. Each permit for making an opening shall be confined to a single project and shall be issued by the Mayor or other proper municipal officer. Application shall be made on a form prescribed by Council, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the Mayor or other proper municipal officer, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
(d) Restoration of Pavement.
(1) The opening and restoration of pavement or other surface shall be performed under the direction and to the satisfaction of an authorized Municipal official, and in accordance with rules, regulations, and specifications approved by Council.
(2) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the Municipality may proceed without notice to make such fill and restoration, and the deposit referred to in subsection (c) hereof shall be deemed forfeited. Thereupon, the deposit shall be paid into the street repair fund of the Municipality, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the Municipality for restoration services performed by it. If the amount of such services performed by the Municipality should exceed the amount of the deposit, the Clerk or other proper municipal officer shall proceed to collect the remainder due from such permittee.
(e) Barriers Around Excavations. Any person engaged in or employing others in excavating, or opening any street, sidewalk, alley, or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
(f) Warning Lights. Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night shall install and maintain at least two illuminated warning lamps which shall be securely and conspicuously posted on, at, or near each end of such obstruction or excavation, and if the space involved shall exceed fifty feet in extent, then at least one additional lamp for each added fifty feet or portion thereof excavated or obstructed.
(1998 Code Secs. 94.01 to 94.06)
(g) Sidewalk Construction.
(1) It is hereby determined that the financial responsibility for construction, replacement or repair of sidewalks in the Village of Haskins is that of the abutting property owner.
(2) Council shall establish standards and specifications for sidewalk construction in the Village. Council shall also determine where new sidewalks shall be constructed and where existing sidewalks shall be repaired or replaced.
(3) The property owners will be notified as to the need for construction, replacement or repair of a sidewalk.
(4) When Council has determined that construction, replacement or repair of sidewalks is necessary, Council shall determine whether to proceed by way of assessment under Ohio R.C. Chapter 727 or under Chapter 729.
(Ord. 267. Passed 7-1-85.)
(h) Unloading on Street or Sidewalk. No person shall unload any heavy material in the streets of the Municipality, by throwing or letting the same fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement.
(i) Street or Sidewalk Obstruction.
(1) No person shall obstruct any street, alley, sidewalk, public ground, or other public way within the Municipality by erecting thereon any fence, structure or building, or permitting any fence, structure or building to remain thereon unless authorized by Council or other proper Municipal official. Each day that any such fence or building is permitted to remain upon such public way shall be deemed a separate offense.
(2) Whoever violates this subsection is guilty of a misdemeanor of the third degree.
(j) Materials on Street or Sidewalk. No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land bordering on any street or sidewalk shall permit the same to be encumbered with barrels, boxes, cans, articles, or substances of any kind so as to interfere with the free and unobstructed use thereof.
(k) Duty to Keep Sidewalks in Repair and Clean of Ice and Snow. No owner or occupant of lots or lands abutting any sidewalk, curb or gutter shall fail to keep the sidewalks, curbs and gutters in repair and free from snow, ice or any nuisance, and to remove from such sidewalks, curbs or gutters all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed twelve hours after any storm during which the snow and ice has accumulated.
(l) Ramped Curbing for Persons With Disabilities. All new curbs that are authorized by the Municipality, and all existing curbs which are part of any reconstruction, shall have a ramp with nonslip surface built into the curb at each pedestrian crosswalk so that the sidewalk and street blend to a common level. These ramps shall be not less than forty inches wide and shall, insofar as feasible, be constructed in accordance with the standard drawings and specifications for curb ramps of the State Department of Transportation.
(m) Flagpole Along Right-of-Way.
(1) A property owner in the Municipality may install a flagpole between the sidewalk and curb along the right-of-way of any public street or highway adjacent to his or her property. A property owner may also install underground lighting for the display of the flag. Installation of the flagpole and holder shall meet the following specifications:
A. The flagpole holder shall be embedded in concrete, flush with the sidewalk or sodded area, and possess a cap or cover which shall be used when the holder is not used for the purpose of displaying the American flag;
B. The holder shall not exceed two inches in diameter and shall be installed not less than one foot from the curb;
C. Underground lighting for the flagpole shall be situated within a reasonable distance to the holder and meet all underwriters’ requirements governing installation. The highest part of the lighting fixture shall at all times be flush with the sidewalk or sodded area in which it is embedded;
D. At no time shall the flag, flagpole, or holder limit or restrict the view of pedestrian or vehicular traffic, nor shall a flag, flagpole, or holder be installed that comes in physical contact, or is likely to come in physical contact, with overhead wiring.
(2) The Municipality may require the issuance of a permit for installation of flagpoles but shall not charge the property owner a permit fee or an inspection fee in excess of one dollar ($1.00) per installation.
(m) Altering or Injuring Marker or Monument.
(1) No person shall alter, deface, injure or destroy any marker or monument placed along, upon, or near a public highway by the proper authorities to mark the boundary thereof, or for any other purpose.
(2) Whoever violates this subsection is guilty of a minor misdemeanor.
(1998 Code Secs. 94.08 to 94.14)