(A) Construction Standards. It shall be unlawful for any person, firm or abutting property owner to lay or construct any sidewalk on the public streets or ways without laying or constructing same on the alignment, grade, width and thickness authorized by the city in each particular case, which authorization shall be made upon application filed with the city and meeting all state and federal standards. With the abutting property owners consent if applicable, and a permit issued by the designated city inspector for the improvement upon the alignment and grade, etc., authorized by it therein.
(B) Planting and Dumping Prohibited. It shall be unlawful for any person, firm or abutting property owner to plant trees, shrubs or rank growing woody vegetation upon any unimproved sidewalk area or ditches or shoulders of the public streets or ways of the city in undesignated areas; or to dump or place rock, brush, ashes, cinders, earth, waste paper, litter or other material or obstruction on the aforesaid improved or unimproved sidewalk area, ditches or shoulders of the public streets or ways of the city; or to empty or release polluted water, fluid or liquid garbage on the above said area or in the ditches of the public streets or rights-of-way owned and maintained by the city.
(C) Compliance with Removal Notice. No person or firm shall suffer or permit any of the materials described in (B) above and placed thereon by him or them, to remain on the area described in (B) after thirty (30) days notice to remove same from the city or its authorized representative.
(D) Property Owner Responsible for Snow and Ice on Sidewalks. The owner(s) and/or occupant(s) of land adjacent to any street in the city will be responsible for snow and ice removal if desired, from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations at their discretion.
(E) Sewer Construction. Upon application to and under the direction of the city, sewer tile or pipes may be laid in the ditch lines of the streets, provided that grating or water vents shall be installed connected to the sewer tile, etc. to catch surface water; alignment, depth and size of the drain tile to be authorized by the Morgantown Utilities Commission Board.
(F) (1) Driveway Construction. Upon appropriate application and payment or fees, for a driveway the City Zoning Administrator may issue a permit to construct a driveway in the street area subject to the following conditions:
(2) All driveways shall be constructed according to plans, specifications, regulations and any special conditions fixed by the city and the Kentucky Department of Transportation.
(G) After Construction Driveways Deemed Part of Sidewalk. After a driveway has been constructed, it shall be deemed a part of the sidewalk whether or not there is a sidewalk improvement extending along the balance of the frontage property, for all purposes of repair or reconstruction. Requirements relating to construction or reconstruction of a sidewalk as provided in this chapter shall be applicable to reconstruction of a driveway, except that the property owner shall have no option to petition for a local improvement solely for such purpose.
(Ord. 54-10 §§ 1-4, 1954; Amended during 1993 codification; Am. Ord. 2016-04, passed 11-10-16)
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Cross reference:
Penalty for violation, see § 41.999(A)