CHAPTER 91:  STREETS AND SIDEWALKS; TREES AND SHRUBS
Section
Curb Cut Regulations
   91.001   Authorized when
   91.002   Definition
   91.003   Permit required
   91.004   Permit restrictions
   91.005   Variance; hearing
   91.006   Violation
Sidewalk Repairs
   91.020   Maintenance of sidewalk mandatory; owner responsibility
Public Thoroughfares; Performance of Work
   91.035   Permit and insurance required; exceptions
   91.036   Bond to be filed
   91.037   Certificate of insurance to be filed
House Numbering
   91.050   County plan adopted by reference
Trees and Shrubs
   91.065   Title for citation
   91.066   Chapter enforcement
   91.067   Removal or planting; permission required
   91.068   Planting in public place; conformance to street plan
   91.069   Certain trees prohibited
   91.070   Trimming, pruning, removal; property owner responsible
   91.071   Public nuisance; removal or trimming required
   91.072   Appeals; hearing
   91.073   Liability
   91.074   Interference in public places; permission required
   91.075   Abuse or mutilation
CURB CUT REGULATIONS
§ 91.001  AUTHORIZED WHEN.
   It is generally recognized that provision must be made for the access of vehicles to private property from streets and alleys, but in regard to the same due consideration must be given to pedestrian and vehicle safety, the need for on-street parking spaces and the resulting interference with the movement of automotive traffic and interference with public improvements. In establishing permissible curb cuts and sidewalk driveway crossings for access to private property, it is the policy of the city to authorize the same only where they are necessary and only where they would not unreasonably interfere with the rights of the public in the adjacent street or alley, or unreasonably interfere with automotive traffic, or unreasonably eliminate on-street parking spaces.
(1994 Code, § 12.04.010)
§ 91.002  DEFINITION.
   For the purpose of this subchapter, the following definition apply unless the context clearly indicates or requires a different meaning.
   CURB CUT.  Includes the making of an opening in or through any existing curb and the leaving of voids in curbs when the same are constructed in any street or alley.
(1994 Code, § 12.04.020)
§ 91.003  PERMIT REQUIRED.
   It is unlawful for any person, firm or corporation to cut, break or remove any curbing or sidewalk, or cause to have cut, broken or removed any curbing or sidewalk, or to install, or cause to be installed, any driveway, on any public street in the city, without first obtaining a permit to do so from the City Engineer or his or her authorized agent.
(1994 Code, § 12.04.030)  Penalty, see § 10.99
§ 91.004  PERMIT RESTRICTIONS.
   No permit issued under § 91.003 of this subchapter shall be in conflict with the following regulations.
   (A)   The maximum width of any driveway shall be not more than 30 feet, as measured at the top of the curbing.
   (B)   The minimum distance between driveways serving the same lot or parcel of land shall be not less than 18 feet, as measured at the top of the curbing.
   (C)   Not more than 40% of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways.
   (D)   No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lamp posts, fire hydrants or other public improvements, either actual and in existence or officially approved and contemplated.
   (E)   No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.
   (F)   The necessary adjustments to utility facilities, light standards, fire hydrants, catch basins, street or railway signs, signals or other public improvements or installations shall be accomplished without cost to the city.
   (G)   All the work shall be done under the supervision of the City Engineer or his or her authorized agents and in accordance with city specifications in effect at the time of the work. Forms shall be inspected by the City Engineer or his or her authorized agents before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of the work.
   (H)   The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his or her own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his or her operations.
   (I)   No fee shall be charged by the city for the issuance of the permit.
   (J)   The City Council shall have the authority to rescind any permit heretofore or hereafter granted for a curb cut or sidewalk installation when it finds the action to be in the public interest.
(1994 Code, § 12.04.040)
§ 91.005  VARIANCE; HEARING.
   In order that the provisions of this subchapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter hereof, or in cases where the applicant deems himself or herself aggrieved, appeal may be made to the City Council, and the Council shall have the power to vary, by resolution, the mandatory provisions hereof, or to modify or reverse the decision of the City Engineer or his or her authorized agents in any specific case in the manner that substantial justice is done and the spirit and purpose of this subchapter is upheld. The appeal shall be made in writing to the Council by filing with the City Clerk a written notice of the appeal, setting forth specific grounds or basis thereof. The notice must be filed within 30 days after the action appealed from. The City Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given to the applicant not less than five days prior to the hearing. At the hearing, the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The City Council may continue the hearing from time to time and its finding on appeal shall be final and conclusive in the matter.
(1994 Code, § 12.04.050)
§ 91.006  VIOLATION.
   It is unlawful for any person to violate any of the provisions of this subchapter, or any permit issued pursuant thereto. or to cause, permit or suffer the same to be done. Any curb cut, sidewalk installation or driveway made, done or installed or in any manner acted on contrary to the provisions of this subchapter or any permit issued thereunder shall constitute a public nuisance.
(1994 Code, § 12.04.060)  Penalty, see § 10.99
SIDEWALK REPAIRS
§ 91.020  MAINTENANCE OF SIDEWALK MANDATORY; OWNER RESPONSIBILITY.
   It is unlawful for any person, firm or corporation owning or having in charge or control, any building, lot or premises in the city, fronting on any portion of an improved street or way, where a sidewalk is laid, either as owner, lessee, tenant or otherwise, to allow any portion of the sidewalk in front of the building, lot or premises, to be out of repair, and the person, firm or corporation must at all times keep the sidewalk in the condition that it will not endanger persons or property passing thereon, and will not interfere with public convenience in the use thereof.
(1994 Code, § 12.04.070)  Penalty, see § 10.99
PUBLIC THOROUGHFARES; PERFORMANCE OF WORK
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