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Every person, firm or corporation applying for a permit under this chapter shall submit with his or her application a cash bond or other bond with a lawful corporate surety to be approved by the City Council, in such amount as the City Council may determine, conditioned on his or her compliance with all the provisions of this chapter and agreeing to pay and to hold the city harmless from any claim which may be made against it by reason of the occupation of any street, alley, sidewalk or other public place by the building or structure moved.
(1977 Code, § 9-4-3) Penalty, see § 10.99
Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the Police Department so as to warn vehicles and persons from entering that portion of the street so blocked. The person, firm or corporation moving any building through the streets shall keep warning signs and lanterns or lights at night on the building so as to guard against any person or vehicle from colliding with it.
(1977 Code, § 9-4-4) Penalty, see § 10.99
Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply and the bond therein specified shall be given. If no such terms apply, then the Mayor shall estimate the expense of fixing the wires and bond to be given to cover this.
(1977 Code, § 9-4-5) Penalty, see § 10.99
When any such moving building shall approach any fire alarm wire or pole which shall be endangered by the removal of the building, it shall be the duty of the mover to notify the Chief of the Fire Department at least six hours before reaching the wire or pole so that they may be removed or cared for by the authorities of the city.
(1977 Code, § 9-4-6) Penalty, see § 10.99
ENCROACHMENTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSTRUCTION EASEMENT AREA. The area lying between the project right-of-way limits and the platted street limits within which the city, by concurrence in the establishment of the project right-of-way lines, will permit the state to enter to perform all necessary construction operations.
ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established.
PERMISSIBLE ENCROACHMENT. Any existing awning, marquee or sign advertising activity on the property or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway. The permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.
PROJECT RIGHT-OF-WAY. Those areas within the project right-of-way lines established jointly by the city and state which will be free of encroachments except as hereinafter defined.
ROADWAY RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes, also, the areas acquired by temporary easement during the time the easement is in effect.
(Ord. 78-6, passed 5-8-1978; Am. Ord. 90-14, passed 6-20-1990; Am. Ord. 92-5, passed 3-23-1992)
(A) It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment, within the limits of the project right-of-way or roadway right-of-way where no project right-of-way lines have been established.
(B) Project right-of-way lines have been established at the following location: along the right and left side of FA 889 (US Route 45), 10.5 meters from and parallel to the centerline of the proposed improvement from Station 11+693 to Station 13+050.
(C) Any person, firm or corporation violating this section shall be fined not less than $25 nor more than $50 for each offense and a separate offense shall be deemed committed for each and every day during which a violation continues or exists.
(Ord. 78-6, passed 5-8-1978; Am. Ord. 90-14, passed 6-20-1990; Am. Ord. 92-5, passed 3-23-1992; Am. Ord. 97-14, passed 3-31-1997)