(A) Permit. It shall be unlawful for any person to deposit or store on the roadway, parkway or sidewalk space of any street or in alleys building materials or any fuels or other supplies for any building or structure in course of erection, repair or alteration, unless a street occupancy permit from the Building Director is obtained prior to the act.
(B) Application and issuance of permit. An application for a street occupancy permit shall be made to the Building Director and shall describe the location to be occupied, the use to be made and the length of time of such intended occupation. Should the Building Director approve of such application, they shall issue a street occupancy permit to the applicant, provided the applicant has complied with all the provisions of this chapter as to bonds, fees and all other prerequisites in connection with such permit.
(C) Bond. Before the Building Director shall issue a street occupancy permit, the applicant for such permit shall file with the Director of Finance on a form to be furnished by the Village a bond in the penal sum of $15,000, with surety to be approved by the Village Manager and conditioned to indemnify, save and keep harmless the Village from any and all loss, costs, expense or liability which the Village may suffer or be put to, or, which may be recovered from it by reason of the issuance of such permit, or by reason of any act or thing done, or neglected to be done under or by virtue of the authority given in such permit. An annual bond may be given to cover street occupancy permits.
(D) Permit fee and deposit. The fee and deposit for a street occupancy permit shall be as set forth in § 150.004. Upon the removal of such obstruction, so much of the deposit as shall be necessary to so restore the street shall be retained by the Village and the remainder shall be returned to the depositor. The Village may maintain an action against the person to recover the damage done to any street or sidewalk.
(E) Limitations on occupancy of streets. The permission to occupy space of any street or in alleys for the purposes of building is intended only for imperative use in connection with the actual erection, repair, alteration, wrecking or removal of buildings and shall terminate with the completion of such operation. It shall also be unlawful to occupy any such named space under authority of the street occupancy permit for the storage of articles not intended for immediate use in connection with the operation for which such permit has been issued. Failure to immediately remove building or other material from such occupied space on notice so to do from the Building Director or Chief of Police shall subject the owner or contractor so notified to the penalty provided for violation of this chapter.
(F) Space limitations.
(1) The occupation of a street or alley for the storage of building material including temporary sidewalks shall not extend out beyond the curb line more than one-third of the way across the street pavement.
(2) It shall not be lawful to occupy with building material any space of any street or alleys other than immediately in front of the lot or land upon which the building is being erected; provided, that if the written consent of the owners, tenants or occupants of properties adjoining the site of any proposed building is first obtained and filed with the Building Director, the occupation of the roadway and sidewalk may be extended in front of the property so consenting, upon the same terms and conditions as those herein fixed for the occupation of the streets in front of the building site.
(3) During the progress of building operations, a sidewalk not less than 4 feet in width, or an equal width of a clean, hard, paved roadway, available and made safe for footway, shall at all times be kept open, clean and unobstructed for the purpose and use of a passageway in front of such lot of lots.
(4) It is not intended to prohibit the maintenance of a driveway for the delivery of material across such sidewalk from the curb line to the building site, but such driveway shall be under the supervision of the Building Director.
(G) Lights on excavations and obstructions.
(1) Sufficient lighting shall be displayed and maintained during the whole of every night at each excavation, pile of material, fence or any other obstruction on any public highway to so cast their rays that each excavation, pile of material, fence or other obstruction shall be in full view of the public.
(2) No person shall without cause remove, extinguish or disturb a light so placed.
(1997 Code, § 23.19) (Ord. CO-08-95, passed 10-12-1995; Am. Ord. CO-09-27, passed 10-6- 2009; Am. Ord. CO-2021-21, passed 8-17-2021) Penalty, see § 150.999