A. Streets:
1. When a railway occupies any portion of a street with its tracks running in a general direction of the street, either on or adjacent thereto, the railway shall improve the space between its tracks and two feet (2') on either side thereof in the same manner that the remainder of the street is or has been improved, or with such satisfactory materials as the city may approve.
2. When the tracks of a railway cross any street that is being or has been paved, the company shall pave as much of the street as is occupied by its track and two feet (2') on each side, using the same material which is or has been used on the street, or such other satisfactory material as the city may approve. When more than one track crosses a street within a distance of one hundred feet (100'), measuring from inside rail to inside rail, the railway company shall grade, gutter, drain and curb the street area between its tracks and surface or pave it with the same material which the city will use or has used on the street.
B. Alleys: In case any railway company shall occupy an alley with its track or tracks, the company shall improve, gutter, drain and grade such alley, and shall surface or pave it with the same material which is or has been used on the alley, or with such other satisfactory material as the city may approve.
C. Sidewalks: Railway companies shall construct sidewalks crossing their rights of way using the same material which is used in adjacent sidewalks insofar as is practicable under the circumstances. The railway company shall construct sidewalks on both sides of the streets when both sides are used by pedestrians.
D. Maintenance Requirements:
1. It is the duty of every owner of railroad tracks to maintain the railroad tracks, roadbed, and right of way in a good condition for use by the public when the railroad tracks and roadbed cross or intersect any public street within the city.
2. Railway companies shall keep all such improvements made by them in a good state of repair at all times. (1997 Code § 16-104)
E. Violations: The failure to perform such duties as are herein required after thirty (30) days' written notice from the mayor shall be a violation, and each day that the tracks and roadbed shall remain in an unsatisfactory condition shall constitute a separate offense. (1997 Code § 16-104; amd. 2014 Code)