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The owner, occupant or agent in charge of any and all buildings in the city shall, within thirty (30) days after receipt of a notice from any city department, remove from the gutters and sidewalks in front of such building any offensive substance, liquid or solid, or any dirt, rubbish, water or stones, or any other things harmful to the public health, safety and welfare. It shall be the duty of all owners, occupants or agents in charge of any and all buildings in the city to keep the gutter and sidewalk in front of such building free from any offensive substance, liquid or solid, or any dirt, rubbish, water or stones, or any other things harmful to the public health, safety and welfare.
(1953 Code, ch. 24, § 7; Ord. No. 8671, § 3, 4-8-96)
Sec. 25-57(1). License authorized. A license to permit the placing of flower pots, tree pots or planters and other objects of beautification upon the public sidewalks may be issued upon the terms and conditions hereinafter prescribed and upon such specific terms and conditions as are required in writing by the director of public works.
Sec. 25-57(2). Application for license, approval, disapproval. The applicant will submit a written application upon a form to be supplied by the office of the director of public works. The director of public works will then approve or deny such application. If denied, the applicant may request a review of such denial by the city manager. The mayor and council may, if it so desires, exercise the power of review as to all matters herein described, and its decision shall be final.
Sec. 25-57(3). Issuance of license. Upon approval of the proposed plan, a license for such use will be issued by the director of public works.
Sec. 25-57(4). Revocation of license. If, at any time hereafter, any portion of the sidewalk occupied and used by the licensee may be needed or required by the city, or if the licensee fails to maintain such use as hereinafter prescribed and as prescribed by such specific terms and conditions set forth by the director of public works, any license granted pursuant to this section may be revoked by the city, and all right thereunder terminated. The licensee shall and will promptly remove all property belonging to the licensee from the sidewalk area upon receipt of written notice of revocation. If removal is not accomplished by the licensee within a reasonable time, the city will cause such flowers or trees or other items to be removed and stored, and the cost thereof shall be charged to the licensee.
Sec. 25-57(5). Terms and conditions. No license shall issue except under the following general terms and conditions:
(a) The applicant has filed the proper form with the office of the director of public works.
(b) The applicant must maintain at all times public liability insurance in amounts not less than:
Public liability and bodily injury--Each person $20,000.00, each accident $50,000.00; and
Property damage, each accident $1,000.00, aggregate $10,000.00;
to indemnify the city against all claims for damages which may result from the installation, maintenance and use of such flower pots and tree pots or planters, or other objects of beautification. Satisfactory evidence of the policy shall be filed with the director of public works of the city.
(c) The applicant shall furnish all such flowers, trees and containers and bear the cost of installation, maintenance and repair thereof, according to the directives of the director of public works.
(d) The director of public works shall exercise supervision of all requirements as to size, type, maximum and minimum heights, watering and upkeep, of such flowers and trees; color, type of construction, location upon the sidewalk area and spacing of the pots or planters and other related particulars of such flowers, trees and containers.
(e) All applications, whether approved, denied or revoked, shall be filed with the office of the director of public works.
(1953 Code, ch. 24, § 12a; Ord. No. 2042, § 1, 3-20-61)
It is intended that the provisions that follow operate so as to regulate the permanent attachment of newspaper vending machines on the public right-of-way to the end that the health, safety and welfare of this community may be maintained.
Sec. 25-57.1(1). License authorized. A license to permit the attachment of newspaper vending machines to the public right-of-way be issued upon compliance with terms and conditions set forth in this article and upon such specific terms and conditions as are required in writing by the city engineer.
Sec. 25-57.1(2). Application for license; approval denial. For each machine the applicant shall submit a written application upon a form to be supplied by the director of finance. Insurance verification forms, bonds, plans, procedures and fees as required in minor sections 25-57.1(3) and 25-57.1(5) shall be submitted with the application. The director of finance will approve or deny an application. The director of finance will approve or deny an application within thirty (30) days of submission. If denied, the applicant may request a review of such denial by the city manager. Upon approval of the application, the director of finance shall issue a license which will be valid until either the machine is moved from the location by the licensee or until the city revokes the license.
Sec. 25-57.1(3). License fees. A nonrefundable application fee per machine shall be paid at the time of application.
Sec. 25-57.1(4). Revocation of license. If, at any time, any portion of the right-of- way occupied and used by the licensee may be needed or required by the city, or if the licensee fails to abide by the terms and conditions set forth herein, any license granted by the city may be revoked by the city. The licensee shall promptly remove all property belonging to licensee from right-of-way area upon receipt of written notice of revocation. If removal is not accomplished within a reasonable time, the city will move and store such property and the expense shall be charged to the licensee.
Sec. 25-57.1(5). Terms and conditions. No license shall be issued except under the following terms and conditions:
(a) The applicant has filed the required forms with the director of finance.
(b) No vending machine may be located within fifteen (15) feet of a fire hydrant, fire alarm box, fire department connections to fire protection systems, nor shall any vending machine block fire department accessibility into a building or an emergency exit of a building.
(c) The city engineer shall prescribe minimum standards for size, type, maximum and minimum heights, method of installation and other related particulars of such newspaper vending machines. Installation procedures, plans, dimensions and locations shall be submitted in such detail as the city engineer may require in writing.
(d) The applicant must maintain at all times public liability insurance in amounts not less than:
Public liability and bodily injury--Each person one hundred thousand dollars ($100,000.00); each accident three hundred thousand dollars ($300,000.00); and
Property damage; aggregate--Fifty thousand dollars ($50,000.00);
to indemnify the city against all claims for damages which may result from the installation of newspaper vending machines. Satisfactory evidence of insurance shall be filed with the director of finance.
(e) The city must be notified of the removal of any licensed machine. The licensee is liable for any damage to the right-of-way or surface caused by the removal of licensed vending machine. At the time of application, a bond) per machine shall be filed with the director of finance to cover potential damage expenses.
(Ord. No. 4684, § 1, 7-5-77; Ord. No. 12108, § 2, 6-18-24)
Under-sidewalk elevators may be constructed and used by abutting property owners only in any block in the area bounded as follows: Commencing at the intersection of Stone Avenue and Toole Avenue, running thence east on Toole Avenue to South 4th Avenue, thence south along South 4th Avenue to East 13th Street, thence west along East 13th Street to South Main Avenue, thence north along South Main Avenue and North Main Avenue to Franklin Street, thence east along Franklin Street and West Seventh Street to the place of beginning, which has not alley or open space at the rear of the lots therein from which garbage and trash can be collected, but only on the terms and under the conditions hereinafter required and specified; and permission is hereby granted to the abutting property owners for such purposes when and if compliance with all the provisions of this section and sections 25-59 and 25-60 of this Code is furnished and maintained by the owners.
(1953 Code, ch. 24, § 12b; Ord. No. 2042, § 2, 3-20-61)
Cross References: Mechanical code, § 6-160 et seq.
Before any under-sidewalk elevator may be constructed, installed or used, the abutting property owners shall make application for a permit therefor to the inspection division of the department of public works. Such application shall state and warrant that the applicant is the owner of the land abutting the sidewalk where the elevator is to be installed; such application shall be in such form and have such content as shall be necessary and shall be required by the inspection division to carry out the provisions of this section and sections 25-58 and 25-60 of this Code. The application shall contain an agreement to hold harmless the city from all claims, demands, loss or damages, accruing to it or any claimant against it, directly or indirectly by reason of the installation, design, operation or maintenance of the undersidewalk elevator and that the applicant will procure and furnish full public liability insurance in a licensed insurance company in an amount not less than twenty-five thousand dollars ($25,000.00) for personal injury single claimant, one hundred thousand dollars ($100,000.00) aggregate for one accident, and five thousand dollars ($5,000.00) for property damage, which shall name the city as coinsured. The application shall contain an agreement that the applicant will comply at all times with the terms and conditions of operation, installation and use of the under-sidewalk elevator as specified by this section and sections 25-58 and 25-60 of this Code.
(1953 Code, ch. 24, § 12c; Ord. No. 2042, § 2, 3-20-61)
Upon compliance with all the terms, conditions and qualifications provided by this section and sections 25-58 and 25-59 of this Code, the inspection division of the department of public works shall issue a proper permit for the installation, use and operation of an under-sidewalk elevator. No permit shall issue and no such elevator shall be constructed, installed or used except under the following terms and conditions:
Sec. 25-60(1). The applicant has furnished and filed with the inspection division the insurance required in section 25-59 of this Code.
Sec. 25-60(2). The applicant has filed in the inspection division plans and specifications for the installation and construction of the undersidewalk elevator.
Sec. 25-60(3). No such under-sidewalk elevator shall be used and operated except during the hours between 9:30 p.m. and 7:00 a.m.
Sec. 25-60(4). The opening for the undersidewalk elevator shall be adjacent to the curb and as close thereto as is physically possible in order to minimize interference with the pedestrian traffic.
Sec. 25-60(5). The opening for the undersidewalk elevator shall be not less than twenty (20) feet from the corner property line at any street intersection.
Sec. 25-60(6). The under-sidewalk elevator shall be so designed that it can be opened only from street level, and that when open, guard rails, barricades, or other similar devices not less than four (4) feet in height from sidewalk level shall be provided so as to protect pedestrians.
Sec. 25-60(7). The under-sidewalk elevator shall be so located that there shall be in no case less than four (4) feet of clear, unobstructed walkway area remaining on the sidewalk.
Sec. 25-60(8). No two (2) under-sidewalk elevator openings shall be placed within twenty (20) feet of each other, except when the director of public works shall certify that closer proximity will create no public safety hazard.
Sec. 25-60(9). That each such elevator opening shall have a cover designed to carry not less than two hundred fifty (250) pounds per square foot; such covers must be flush with the surrounding sidewalk surface; such elevator cover shall be of such design as to be nonskid and prevent the same from becoming slippery when wet.
Sec. 25-60(10). The construction, design and installation as shown and proposed on the plans and specifications shall be such that there shall be no danger of damage to lateral support of surrounding earth or sidewalk area and of such materials and design that it will safely bear all strains, stresses and weight loads reasonably foreseeable.
Sec. 25-60(11). Whenever the under-sidewalk elevator shall not be necessary in connection with the business conducted on the abutting property, or shall remain unused in conjunction therewith, for a period of six (6) months or more, the city may cause the permit to be thereupon revoked and the elevator removed, and the opening and under- sidewalk space thereof restored to its former state at the expense of the applicant or his successor owner, after thirty (30) days' written notice therefor.
Sec. 25-60(12). Whenever the under-sidewalk space occupied by any such elevator is needed by the city for public purposes, the under-sidewalk elevator shall be removed by the owner at his sole expense upon sixty (60) days' written notice therefor; and in the event any such owner shall fail, neglect or refuse to comply with such notice, the city may remove the under-sidewalk elevator at the sole expense of the owner and the city shall have a cause of action for the necessary expense against the owner therefor.
Sec. 25-60(14). The under-sidewalk elevator and structure shall comply in construction and design with all provisions of the city building code [see section 6-34].
(1953 Code, ch. 24, § 12d; Ord. No. 2042, § 2, 3-20-61)
Sec. 25-61(1). All purchasers of abandoned alleys, streets and other roads are hereby required to pay to the city, as part of the purchase price of the property, all costs estimated to be incurred by the city in removing curb returns, pavement and all other improvements of a similar nature that do not conform to the contiguous property on each side of the alley, street or road and, in addition to pay all estimated costs of installing regular curbs, sidewalks, drains, conduits and other construction necessary to be placed across the abandoned alley, street or road, as estimated in minor section 25-61(3), in order that the abandoned property improvements will conform to those improvements existing on contiguous property on either side thereof.
Sec. 25-61(2). The provisions of this section shall not automatically apply to a purchaser who files an affidavit with the director of public works stating that all or a portion of the existing improvement will be used by the purchaser and what the use will be. This exception shall then apply to such portion of existing improvements as the director of public works decides the purchaser will reasonably use, but the other portion of the improvement, if there be any, shall be removed and made to conform as near as possible.
Sec. 25-61(3). The department of public works of the city is hereby directed to estimate the cost of the removal of nonconforming improvements and the installation of conforming improvements, as hereinbefore provided, and is further directed to convey such information to the mayor and council in order that the costs may be added to and included in the final sale price of the property.
Sec. 25-61(4). Immediately after the sale of such abandoned property, the department of public works of the city is hereby authorized and directed to remove the nonconforming improvements and to construct conforming improvements as hereinbefore provided in minor section 25-61(1) of this section.
(1953 Code, ch. 24, § 25)
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