§ 90.077 INSPECTION OF FIXTURES; CORRECTION OF UNSAFE CONDITIONS.

   The City Fire Marshal or designee, Building Official, city police officers and such other persons as shall be designated by the City Commission shall have the right to examine and inspect, from time to time, on reasonable notice and other reasonable rules and regulations, all poles, gas pipelines, pipes, conduits, wires and other fixtures and structures in the streets, alleys and public places within the corporate limits of the city for the purpose of seeing that all of such fixtures and structures are in a safe and suitable condition. Whenever any item is found to be unsafe or unsuitable for the purpose for which it is used, the person using, possessing or maintaining such item shall cause the item to be put in a safe and suitable condition within a reasonable time.

(1998 Code, § 106-120)

TREES, SHRUBS, OTHER PLANTS AT INTERSECTIONS

§ 90.090 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   STREET GUTTER FLOW LINE. The street gutter flow line of the curb adjacent to and bordering upon each restricted area as designated in this subchapter. If there is no such curb, the height restrictions set forth in this subchapter shall be based upon the actual level of the paved or used portion of the public street adjacent to and bordering upon each such restricted area.

(1998 Code, § 106-143)

§ 90.091 AUTHORITY OF CITY TO REMOVE PROHIBITED GROWTH.

   (A)   In addition to any penalty which may be imposed for the violation of this subchapter, the city shall be entitled to enter upon and remove from the triangular corner areas described in this subchapter any of the growths prohibited by this subchapter.

   (B)   The entry and removal shall be without liability to the owners thereof.

(1998 Code, § 106-144)

§ 90.092 RESTRICTED AREAS.

   (A)   The areas in the city restricted by the provisions of this subchapter are as follows: all of that portion of land lying within a triangular shaped area on each street corner within the city described by metes and bounds as follows: beginning at the precise corner of the intersection point of the curbs of each of the two streets forming each corner and extending 20 feet along each such curbline from the curb intersection point, the third side being determined by the drawing of a straight line from the ends of the 20-foot extensions, whether the land be privately owned or unpaved or untraveled street right-of-way property.

   (B)   Where no curbs are in existence at the street intersections, the 20-foot lines shall coincide with the central flow line of the ditches paralleling the uncurbed streets as shall be determined by the Building Official.

   (C)   The provisions of this subchapter shall apply only to those areas of the city designated and classified by Ch. 160 of this code of ordinances requiring construction on lots in zoned sections to be set back from the property line of each lot.

(1998 Code, § 106-145)

§ 90.093 MAXIMUM HEIGHT OF SHRUBS AND SIMILAR PLANTS.

   No person shall plant, grow or maintain in any restricted area any plant, hedge, shrub or other growth, except trees, at a height greater than three feet from the street gutter flow line.

(1998 Code, § 106-146) Penalty, see § 10.99

§ 90.094 MINIMUM CLEARANCE OF TREES.

   Any trees planted, grown and maintained in any restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than 15 feet from the street gutter flow line.

(1998 Code, § 106-147) Penalty, see § 10.99

CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY

§ 90.105 FINDINGS AND PURPOSE.

   (A)   The purpose of this subchapter is to:

      (1)   Assist in the management of facilities placed in, on or over the public rights-of-way, in order to minimize the congestion, inconvenience, visual impact and other adverse effects and the costs to the citizens resulting from the placement of facilities within the public rights-of-way;

      (2)   Govern the use and occupancy of the public rights-of-way;

      (3)   Assist the city in its efforts to protect the public health, safety and welfare;

      (4)   Conserve the limited physical capacity of the public rights-of-way held in public trust by the city;

      (5)   Preserve the physical integrity of the streets and highways;

      (6)   Control the orderly flow of vehicles and pedestrians;

      (7)   Keep track of the different entities using the rights-of-way, to prevent interference between them;

      (8)   Assist on scheduling common trenching and street cuts; and

      (9)   Protect the safety, security, appearance and condition of the public rights-of-way.

   (B)   This subchapter may be referred to as the “Construction in the Public Rights-of-Way Ordinance”.

(1998 Code, § 106-171) (Ord. 99-51, passed 8-18-1999)