16-1A-5: DEBRIS ON PUBLIC RIGHT OF WAY:

   A.   Debris Deposits Prohibited: Deposit of debris upon the public right of way in such a manner as to create a public nuisance shall be unlawful 1 .

   B.   Responsibility For Removal; Failure To Remove: In the event that debris is deposited upon the public right of way, the owner or person in possession or control of the property from which the debris was carried shall promptly, without notice or demand, remove said debris the same day as when deposited. If such debris is not promptly removed, the city may, after reasonable written notice to the owner or person in possession or control of the property, remove the debris and assess the cost of such work against the property from which the debris was removed, for collection in the same manner as a property tax, as provided by state law.

   C.   Summary Removal By City: In addition to the provisions of this section, whenever, in the judgment of the director of public works or the police chief, an emergency exists creating a health or safety hazard which requires immediate removal of debris from the public right of way, the city may remove the debris and assess the removal cost against the property from which the debris was removed, for collection in the same manner as a property tax, as provided by state law. (1978 Code §31-11; amd. 1994 Code; Ord. 97-3800, 7-29-1997)

 

Notes

1	1. See also subsection 6-1-2N of this code.

16-1A-6: MAINTENANCE OF PUBLIC RIGHT OF WAY:

The abutting property owner shall maintain all public right of way located between the edge of the street or curb line and the property line, and shall keep such area in a safe condition free from defects, debris, nuisances, obstructions or any other hazard. The abutting property owner may be liable for damages caused by failure to maintain the public right of way located between the edge of the street or curb line and the property line. The abutting property owner shall maintain the sidewalk in a safe condition, in a state of good repair, and free from defects. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk. Notwithstanding the obligations imposed hereunder, the property owner shall in no event 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. 04-4126, 5-4-2004)

16-1A-7: PERMISSION REQUIRED, PUBLIC RIGHT OF WAY:

   No person shall construct or cause to be constructed any encroachment into or over the public right of way, except as specifically allowed by this code. For any such encroachment into or over the public right of way that is specifically allowed by this code that exceeds fourteen (14) days, including signs, buildings, and other structures, a use of public right of way agreement must be signed by the abutting property owner and approved by the city as a part of the approval process. If the duration of the encroachment is fourteen (14) or fewer days, the Director is authorized to issue a permit to the abutting property owner or other person applying to use the right of way.

(Ord. 05-4186, 12-15-2005; amd. Ord. 24-4937, 9-17-2024)

16-1A-8: SNOW AND ICE REMOVAL 1 :

   A.   Removal Required: No owner, tenant, responsible party or person in possession or control of property shall allow snow or ice accumulations to remain upon abutting sidewalks for more than twenty four (24) hours. (1978 Code §31-120; amd. 1994 Code)

   B.   Removal By City: Snow or ice accumulations which have remained on any sidewalk for more than twenty four (24) hours may be removed by the city. If the property owner fails to pay the costs of removal, after written billing, the city may assess the costs against the property in the same manner as a property tax, as provided by state law.

   C.   Removal By Persons Other Than City:

      1.   It shall be unlawful for any private property owner or person in possession or control of private property to deposit snow and/or ice from private property onto public right of way.

      2.   It shall be unlawful to remove snow or ice from public right of way in a manner which interferes with or unduly restricts vehicular and/or pedestrian traffic.

      3.   This subsection shall not apply to or limit the city's snowplowing operations.

   D.   Removal Policies: The director may establish snow and ice removal policies, as provided by state law, which policies shall be approved by resolution of the city council. (1994 Code)

   E.   Violation: Violation of this section shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of this code. (Ord. 02-4044, 10-8-2002)

 

Notes

1	1. See also subsection 6-1-2K and sections 9-4-9 and 10-5-5 of this code.

16-1A-9: OPENINGS IN PUBLIC RIGHT OF WAY:

It shall be unlawful to leave open or in an insecure condition any grating, vaults, vault doors, manholes and coverings to stairways or window wells or any other opening in or on public right of way. (1994 Code)

16-1A-10: PIANO PERMITS:

The city engineer or designee is authorized to issue an annual piano permit for placement of a piano on the right of way subject to the following conditions:

   A.   Use is limited from March 1 to November 30;

   B.   Insurance coverage as required by the city's risk manager;

   C.   Execution of an agreement to indemnify the city;

   D.   No sale, transfer, or assignment of the piano permit without written consent of the city;

   E.   The location of the piano must be approved by the city and shall not interfere with access to public or city utilities located and/or operated within the city's right of way;

   F.   No sign or advertisement is allowed on the piano except for a sign identifying the sponsor(s) of the piano;

   G.   The piano must be securely covered from ten o'clock (10:00) P.M. to ten o'clock (10:00) A.M. Sunday through Wednesday and from twelve o'clock (12:00) midnight to ten o'clock (10:00) A.M. Thursday through Saturday. When uncovered the piano must be available for use by all members of the public.

   H.   The piano shall be securely anchored to the right of way. The anchoring system must be approved by the city engineer or designee. Applicant shall be responsible for all damage to the right of way caused by the anchoring or placement of the piano. A deposit in an amount determined by the city engineer or designee shall be required prior to placement of the anchoring system and shall be returned when the sidewalk is restored to its prior condition.

   I.   The applicant shall be solely responsible for the piano and any and all damage to the piano.

The city engineer or designee shall grant the permit if the applicant has fully completed the application which includes signing the indemnification agreement, providing a certificate of insurance showing compliance with this section, and paying the deposit. If the permit is denied, the city engineer or designee shall state the reasons therefor within three (3) working days of the application being filed. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. (Ord. 10-4406, 9-21-2010)

16-1A-11: PUBLISHERS' BOX MAINTENANCE CODE:

   A.   Permit Required: No person shall place or maintain any publishers' box on public right of way or on City Plaza without first obtaining a permit.

   B.   Definition: "Publishers' box" means any machine or other enclosed box used for distributing newspapers or other printed material while offering or displaying the material for sale or free distribution and capable of operation by pedestrians without the assistance of an attendant.

   C.   Deadline: All publishers' boxes presently on public right of way and on City Plaza shall be removed within thirty (30) days of the effective date hereof, unless a permit has been issued.

   D.   System: A permit system to enforce the publishers' box maintenance code shall be adopted by resolution. (Ord. 16-4673, 8-16-2016)