§ 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)

§ 90.106 AUTHORITY; SCOPE.

   This subchapter applies to all persons that place facilities in, on or over public rights-of-way.

(1998 Code, § 106-172) (Ord. 99-51, passed 8-18-1999)