A. Public Ways Generally:
1. Permit Requirements: It shall be unlawful to break, construct or lay any pavement on any public street, alley or other public way or to repair the same without first having secured a permit therefor. Applications for such permits shall be made to the city clerk and shall state the location of the intended pavement or repair, the extent thereof and the person who is to do the actual construction work. No such permits shall be issued except by permission of the superintendent of streets and sewers. (1979 Code Ch. 10, Art. I, § 2)
2. Bond Or Insurance: (Rep. by Ord. 3131, 7-21-2003)
3. Specifications: All streets and sidewalk pavements shall be made in conformity with specifications laid down or approved, from time to time, by the council. (1979 Code Ch. 10, Art. I, § 4)
B. Sidewalks:
1. Required: From and after January 18, 2000, sidewalks shall be required, subject to the terms set forth herein, on each property with a zoning district classification of C-1 district (commercial C-1) or C-2 district (commercial C-2) or R-2 district (residential R-2). The property owner(s) of such property shall construct such sidewalks and shall pay all costs for engineering services, concrete and other materials, and labor for the construction of such sidewalks; and such sidewalks shall be constructed according to such plans and specifications as may be determined by the city council from time to time; and such sidewalks shall be constructed at the same time as any new building, structure or improvement is constructed on such property on and after January 18, 2000. Notwithstanding the foregoing, the city may furnish the engineering services and/or concrete and/or other materials and/or labor to construct such sidewalks or have others to do so, in whole or in part, and in such event, the city shall charge the cost thereof to such property owner(s) who shall be liable to pay same within thirty (30) days of mailing of a bill therefor to such property owner(s) or their representative at the address of such property. The foregoing requirements shall also be deemed as additional requirements under title 11 of this code. (Ord. 2935, 1-18-2000)
2. "City Of Taylorville Special Service Area One": The city has previously established by ordinance 2133, which ordinance is incorporated herein by reference thereto, a special service area known and designated as "city of Taylorville special service area number one" consisting of the following described territory:
Lots 1, 7, 8, 9, 10, 11 and 12 in Block 13; Lots 1, 6, 7, 8, 9, 10, 11 and 12 in Block 14; Lots 6, 7, 8, 9, 10, 11 and 12 in Block 15; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Block 18; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Block 20; Lots 1, 2, 3, 4, 5, 6 and 12 in Block 21; Lots 1, 2, 3, 4, 5, 6, 7 and 12 in Block 22; Lots 1, 2, 3, 4, 5, 6 and 7 in Block 23, all situated in the Original Town, now City of Taylorville, Christian County, Illinois.
The city has heretofore repaired and restored sidewalks within the "city of Taylorville special service area number one" and, in particular, has had brick sidewalks installed therein; and any future removal, repair, and installation of said brick sidewalks requires special skills to avoid damage to the brick and sidewalks and to preserve the uniformity of appearance and safety of the surface of said brick sidewalks.
a. It shall be unlawful for any person (other than the city) to remove, repair, or reinstall or to cause the removal, repair, or reinstallation of any portion of the brick sidewalks within the "city of Taylorville special service area number one". If the owner(s) of property adjacent to any brick sidewalk within the "city of Taylorville special service area number one" desires that any portion of such brick sidewalk adjoining their property be removed, repaired, or reinstalled, then such owner(s) shall request a written permit from the superintendent of streets and sewers for such work, which permit can be denied by the superintendent of streets and sewers, in his sole discretion. Application for such permit shall be on a form furnished by the superintendent of streets and sewers. The fee for such permit to remove, repair, or reinstall any such brick sidewalk shall be paid in advance and shall amount to ten dollars ($10.00) plus forty dollars ($40.00) for each square yard, or fraction thereof, of brick sidewalk to be removed, repaired, or reinstalled. All brick sidewalk removal, repair, or reinstallation within the "city of Taylorville special service area number one" shall be done by the city's street and sewer department at such time or times as is deemed convenient by the superintendent of streets and sewers, or his designee, in his sole discretion.
b. It shall be unlawful for any person to use or cause to be used any equipment or to work, or cause work to be performed, around, on, or over any portion of the brick sidewalks within the "city of Taylorville special service area number one" without having first obtained a written permit from the superintendent of streets and sewers. Application for such permit shall be on a form furnished by the superintendent of streets and sewers. The fee for such permit shall be ten dollars ($10.00). Such permit shall expire sixty (60) days from the date of issuance of such permit. The owner(s) of property adjacent to the subject brick sidewalk and the holder of such permit and anyone else using any equipment or working around, on, or over any portion of the brick sidewalks within the "city of Taylorville special service area number one" shall be responsible for and shall protect such bricks and sidewalks from damage at all times and shall be jointly and severally liable to the city and shall jointly and severally pay the city for any and all damage(s) to such bricks and/or sidewalks and for the cost to remove and/or to repair and/or to replace and/or to reinstall any such bricks and/or sidewalks immediately upon demand of the city.
3. Construction, Repair Or Reconstruction: Subject to and except as required and provided in subsection B1 of this section, the owner(s) of property adjacent to the city sidewalks outside the "city of Taylorville special service area number one" may construct, repair or reconstruct existing sidewalks upon approval of the superintendent of streets and sewers. Upon application and such approval, the city will furnish engineering services, remove existing sidewalks and dispose of the broken concrete or other debris and labor to lay sidewalks. All costs of concrete and other materials shall be borne by the property owner(s). Also, the city will furnish the concrete for such sidewalks should the property owner(s) wish to furnish his own labor to lay the sidewalks, with the approval and supervision of the superintendent of streets and sewers. (Ord. 3189, 8-2-2004)
C. Curbs And Gutters:
1. Upon application and written agreement by one or more property owners who want curbs and gutters constructed along a street adjacent to their property, and such property owners are willing to be assessed the costs of construction and allow the city to determine place and design of the curb, then the city, upon approval of the mayor and city engineer 1 , shall construct such curbs and gutters and assess the property owner or owners on a front footage basis for the cost of construction. The engineering expenses, excavation, removal of debris and street restoration shall be borne by the city.
2. The owners of property adjacent to the city streets may repair or reconstruct existing curbs and gutters when such curbs and gutters are in bad repair upon approval of the superintendent of streets and sewers. Upon application and such approval, the city will furnish engineering services, remove existing curbing and dispose of the broken concrete or other debris, and labor to install curbs and gutters.
3. All costs of concrete and other materials shall be borne by the property owner. Also, the city will furnish the concrete for such curbs and gutters should the property owner wish to furnish his own labor to install the curbs and gutters with the approval and supervision of the superintendent of streets and sewers. (Ord. 2560, 8-1-1994)
Notes
| 1 | 1. See also title 1, chapter 9, article G of this code. |