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(A) Streets.
(1) Application and map. Pursuant to the provisions of KRS 85.140, authority to establish street regulations, whenever it becomes necessary to open any of the streets of the city through excavating or digging, the person desiring to do the work shall make application to the City Clerk for permission to do so, and shall accompany the application with a map or diagram showing the place where the street is to be opened, the width and depth of the excavation, the estimated length of time the street is to remain open, and the name of the person whose property is to benefit by reason of the opening excavation.
(2) Restoration of street. Every person making application for permission to open or excavate any street in the city shall agree to restore the street to the same condition that it was prior to the opening or excavation, to keep this portion of the street in repair for a period of one year after the opening or excavation, and to assume liability for any injuries sustained by any person, or damages to any property, caused by reason of the opening or excavation.
(3) Bond required.
(a) Every application shall be accompanied by a bond to the city in the amount of $10,000 signed by the applicant and a surety company registered under the laws of the Commonwealth of Kentucky.
(b) This bond shall specify that in the event the city is sued because of injuries sustained, or property damaged by reason of such excavation, the principal and surety in the bond will, to the extent of $10,000, pay any judgment obtained by the claimant, and will pay the court cost and attorneys’ fees incurred by the city.
(B) Driveways; storm drainage pipes under driveways.
(1) The minimum requirements for storm drainage entrance pipes under driveways connecting with the various streets shall meet the Kenton County Subdivision Regulations. No entrance pipe shall have an inside diameter of less than 12 inches.
(2) Before storm drainage entrance pipes are placed under any driveway, a permit shall be obtained from the city. Such work shall proceed under the direction of the City Engineer. At the discretion of the City Council, any entrance pipe installed contrary to the provisions of this section may be ordered removed at the cost of the owner of the abutting property.
(C) Street use; use of heavy equipment. Pursuant to KRS 189.190 and KRS 189.221 and 189.222:
(1) It shall be unlawful for any person, firm or corporation to operate any bulldozer or other vehicle equipped with metal tracks or treads or any vehicle equipped with metal wheels fitted with lugs on the streets of the city so that the tracks, treads, or wheels with lugs are in contact with pavement of the streets.
(2) Any person who violates this division shall be fined not less than $100 or more than $500 for each conviction. Each incident of violation shall constitute a separate offense.
(D) Littering. Pursuant to KRS 224.905 through KRS 244.970:
(1) No person, firm or corporation shall litter or cause to be placed on any city street or public way of the city any litter, yard waste, dirt, trash, rubbish, refuse, mud, soil, or similar debris or allow or permit the above to remain on any city street or public way of the city for more than 12 hours without removing it and cleaning and clearing the street or public way so that it is restored to its original condition prior to the littering.
(2) Any person, firm or corporation convicted of violating this section shall be fined not less than $100 nor more than $500. Each day that the violation continues shall be a separate offense.
(Ord. 2003-8; passed 6-26-2003)
Each permit for making an opening shall be confined to a single project and shall be issued by the authorized city official. Application shall be made on a form prescribed by the legislative body, 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 authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
(`96 Code, § 91.21)
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations and specifications approved by the legislative body.
(B) 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 city may proceed without notice to make the fill and restoration and the deposit referred to in § 90.20 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it. If the amount of the services performed by the city should exceed the amount of the deposit, the Clerk-Treasurer or other proper administrative officer shall proceed to collect the remainder due from the permittee.
(`96 Code, § 91.22)
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.
(`96 Code, § 91.23) Penalty, see § 90.99
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 season, shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at or near each end of the obstruction or excavation and, if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.
(`96 Code, § 91.24) Penalty, see § 90.99
It shall be the duty of the authorized city official to supervise construction or repair of sidewalks within the city. He or she shall cause specifications to be prepared for the construction of the various kinds of pavements and transmit the specifications to the legislative body for approval. When the specifications are approved, the legislative body shall advertise for proposals to do all the work which may be ordered by the city in construction and repair of sidewalks, and shall authorize the Mayor to contract therefor, for a period not exceeding one year, with the lowest responsible bidder, who shall for the faithful performance of the work. The Mayor, if authorized by City Council, may make separate contracts for the different kinds of work with different parties.
(`96 Code, § 91.25)
Statutory reference:
Sidewalks; construction along public roads; specifications, see KRS 178.290
Sidewalks; ramps for wheelchairs, see KRS 66.660
(A) Whenever any public sidewalk, crosswalk or driveway across the sidewalk within the city shall become out of repair or require placement, the Building/Zoning Administrator shall report this need of repair or replacement to the City Council. Thereupon, the city, acting by and through its City Clerk-Treasurer, with Council so ordering the Clerk-Treasurer, shall give to the owner or occupant, or other party in interest thereto, of the premises in front of, adjacent to or abutting the public sidewalk, crosswalk or driveway is located, written notice to repair or replace the same within 30 days.
(B) In default thereof, the owner, occupant or party in interest shall be deemed to be permitting or suffering a public nuisance, and the permitting or sufferance of that public nuisance is declared to be unlawful. Whereupon, it shall be the duty of the Chief of Police to cite that owner, occupant or party in interest for violation of this section.
(C) Service of notice shall be made by registered or certified mail to the last known address appearing on the assessment rolls of the county or service may be made personally upon the owner, occupant or party in interest or posted in a conspicuous place upon the premises abutting the sidewalk in need of repair. This notice shall require that all work be done in accordance with specifications supplied by the Building/Zoning Administrator.
(`96 Code, § 91.26) (Ord. 1964-6-1, passed 6-17-1964)
(D) The city will match any property owner’s money, dollar for dollar, up to 20% of the total cost, not to exceed $200, for the repair and/or replacement of sidewalks under the following terms and conditions:
(1) The property must located in the city of Ludlow limits.
(2) The property owner, or his or her designee, must make the application to the city.
(3) The building inspector must inspect the sidewalk to be repaired and to deem whether the repairs are necessary.
(4) Only sidewalks adjacent to the street will be considered for the matching funds program.
(5) The property owner is responsible for contracting the repairs and seeing that the contractor has all the proper permits.
(6) The property owner may elect to do the work themselves, however, payment will relate to materials only in such work. (Receipts required)
(7) A final inspection must be done by the building inspector to assure that proper building code restrictions and city regulations have been met.
(8) The city of Ludlow is exempt from any liability regarding such repairs.
(Res. 2002-19, passed 4-25-2002)
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