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§ 96.088 CONDITION OF ISSUANCE OF PERMIT.
   If any permit required by this subchapter is for excavating in or under any street, parking or sidewalk, the permit shall contain a statement and shall be issued only upon the express condition that the permittee shall refill the excavation in accordance with the instructions of the city engineer and restore the pavement or surfacing, as the case may be, to its former condition and maintain it in that condition for a period of three years from the time of the completion of the work authorized by the permit.
(1992 Code, § 38-64) (Ord. 104-99, passed 10-14-1999)
§ 96.089 RAILROAD COMPANY’S REPAIR AND MAINTENANCE OF STREET CROSSINGS, DITCHES AND DRAINS, LIGHTING AND CROSSING ALARMS.
   (a)   Any railroad company maintaining or operating any railroad onto or across any street, avenue or alley within the city shall construct thereat a crossing and shall keep open, maintain and repair all crossings as required by the city. All railroads shall make, keep open and repair ditches, drains, sewers and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
   (b)   In all cases where, in the opinion of the city, it is necessary for the safety and protection of the public that street or avenue crossings over railway tracks be lighted or street crossing alarms, signs or automatic signals installed to notify the public of approaching trains, the city may cause the railroad company over whose line the street or avenue crosses to install lights, crossing alarms or automatic signals for the purpose of notifying the public of approaching trains in a manner and by the method, as, in the opinion of the city, will be most suitable for the protection of the public.
   (c)   Whenever the city shall deem it necessary to order the construction, reconstruction or repair of any street or avenue crossing or of ditches, drains and sewers or the installation of lights, crossing alarms or automatic signals at any crossing it shall declare in a proposed resolution the necessity of the construction, repair or improvement, describing therein the crossing ditch, drain or sewer to be improved and the nature of the improvement and the time and place at which the city council will meet to consider the adoption of the resolution. The resolution shall be published once a week for three consecutive weeks prior to the time specified in the resolution for the consideration of the adoption of the resolution. A copy of the resolution shall also be served upon the railroad company involved at least 15 days prior to the meeting in the manner provided by law for the service of a summons upon a railroad corporation. At the time of the meeting or hearing or at any adjournment thereof, the council shall investigate and consider the matter and shall hear the evidence and testimony of all parties appearing or interested therein. At the conclusion of the hearing, the council may reject or adopt the resolution with or without amendment as it shall deem proper.
   (d)   The resolution shall be published, take effect and be subject to referendum as other resolutions, and upon taking effect a copy of the resolution duly certified by the city finance director shall be served upon the railroad company involved in the manner provided by law for the service of a summons upon a railroad corporation. Thereafter, and within 20 days or a longer time as may be granted by the council as set forth in the resolution, the railroad company shall do and perform all acts required by the resolution. Any railroad company neglecting to comply with the requirements of any resolution duly enacted in accordance with this section shall be liable to a penalty of $25 for each day the neglect shall continue, to be recovered in a civil action in the name of the city and paid into the general fund of the city.
(1992 Code, § 38-65) (Ord. 104-99, passed 10-14-1999)
SNOW AND ICE REMOVAL
§ 96.100 DUTY TO REMOVE SNOW.
   (a)   The owner or person in possession of any property abutting on any sidewalk shall keep the sidewalk free from snow and ice and shall remove any snow or ice from the sidewalk within 48 hours after the termination of any snow fall, snow or ice accumulation.
   (b)   The owner or person in possession of any property abutting upon any sidewalk which ends at an intersection or crosswalk shall maintain the sidewalk free from snow and ice to the edge of the street. Snow and ice deposited on the sidewalk in the street removal process shall be removed within 48 hours of being deposited.
(1957 Rev. Ords., § 11.801; 1992 Code, § 38-76) (Ord. 2395, passed 12-20-1965; Ord. 101-92, passed 11-16-1992; Ord. 76-93, passed 10-18-1993)
§ 96.101 NOTICE.
   The city shall notify all owners or persons in possession of property abutting on sidewalks to keep the sidewalks free from snow and ice and to remove the same within 48 hours after every fall or accumulation of snow or ice. The notice need not be given personally but may be given generally through the official newspaper annually. The notice shall provide that each owner or person in possession is required to keep the sidewalk in front of the premises free and clear from snow and ice. It shall further provide that if the owner or person in possession fails to remove the snow or ice within 72 hours of the falling or accumulation hereof, that the city may cause the snow or ice to be removed and charge the cost to the abutting property.
(1992 Code, § 38-77) (Ord. 101-92, passed 11-16-1992)
§ 96.102 DISPOSAL OF SNOW AND ICE.
   The property owner, person in possession or person removing snow or ice from any sidewalk, public or private driveway, parking lot or parking area shall dispose of accumulated snow and ice upon the property as follows.
   (a)   Snow and ice shall not be deposited on any sidewalk or in any park.
   (b)   Snow and ice shall not be deposited so as to obstruct or interfere with the passage or vision of vehicular or pedestrian traffic.
   (c)   In the area designated zone 1 for snow alerts, snow and ice shall not be deposited upon any public street or alley that has been cleared of snow by the grading of snow away from the curb or the picking up and carrying away of snow by the city. Snow and ice may be deposited on the street until it has been cleared.
   (d)   In all areas outside zone 1, no snow may be blown, pushed, or otherwise placed on any street at any time (both before and after the street has been plowed).
(1957 Rev. Ords., § 11.802; 1992 Code, § 38-78) (Ord. 2395, passed 12-20-1965; Ord. 2662, passed 1-12-1970; Ord. 1-84, passed 1-3-1984; Ord. 101-92, passed 11-16-1992; Ord. 28-93, passed 4-12-1993; Ord. 35-94, passed 4-25-1994) Penalty, see § 10.999
§ 96.103 CITY MAY REMOVE.
   If the owner or person in possession of property fails to remove the snow or ice from the sidewalks within the time specified, the city may have the snow or ice removed and charge the cost thereof against the abutting property each time the snow or ice is removed.
(1992 Code, § 38-78.1) (Ord. 101-92, passed 11-16-1992)
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