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(A) The deposit so made shall remain with the city for a period of not less than three or more than six months and any settling of the backfill must be brought up to grade level by the person to whom the permit was issued when notified by the Street Commissioner of the city to put in more backfill at the place of excavation, and at the end of the period, the excavation and backfill shall be inspected by the Street Commissioner of said city and when approved by him or her, the deposit so made shall be refunded if said excavation has been properly filled and packed.
(B) Should any person making the excavation or digging upon any street or alley pursuant to this subchapter fail, neglect or refuse to properly refill any ditch or excavation made by him or her pursuant to this subchapter when requested, then, and in the event, it shall be the duty of the Street Commissioner of the city to cause said excavation to be properly filled and tamped or properly backfilled and the cost thereof shall be reported to the Street Commissioner to the City Finance Officer and the amount of the cost thereof shall be deducted from the amount so deposited herein and that any sum then remaining in the hands of the city by virtue of said deposit shall then be refunded to the person that obtained said permit.
(Prior Code, § 5.03.10) (Ord. 478, passed - -; Ord. 731, passed - -)
ENCROACHMENTS
All encroachments on or above the right-of-way on city streets and highways by owners or lessees, of abutting property, or by other any individual, for storage of vehicles, placement of portable or temporary signs, or other private use thereof shall be prohibited.
(Prior Code, § 8.01.01) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999
Where Second Street passes through established business districts and the buildings are at the property line and are continuous or very closely spaced, encroachments overhanging the right-of-way line will be permitted under the following conditions:
(A) Awnings, canopies, marquees, signs and similar installations supported wholly from the face of the building shall be permitted to remain in place until such time that they become functionally or structurally obsolete, providing that the edge of such encroachment be not less than three feet back from the back of curb;
(B) Advertising or other similar signs which are less than three feet back from the face of the curb and are supported wholly from the front of the building shall be permitted to remain in place until such time that they become functionally or structurally obsolete, providing that the bottom of such encroachment be not less than 14.5 feet above the top of the curb;
(C) The replacement of obsolete signs, or the installation of new awnings, canopies, advertising signs or similar installations supported wholly from the building shall be permitted provided that no part of the encroachment is less than three feet back from the back of the curb and eight feet above the top of the curb elevation;
(D) In the event the encroachments referred to in divisions (A), (B) and (C) above, by reason of color, shape or placement, obscure in any way, or detract from the effectiveness of highway and street signs or traffic signals, the city shall cause the removal of such encroachments or take effective measures to improve the effectiveness of the highway or street signs or traffic signals;
(E) (1) Temporary off-site advertising signs or encroachments for special events may be allowed in street right-of-way, (not to include Second Street, Highway 18-44), with prior approval of the City Council. Requests shall be in writing and clearly reflect the size, location and visual appearance of such signs or encroachments; and
(2) All such signs or encroachments are subject to review after placement, and if it is determined that they interfere with traffic flow or public safety, shall be removed or made safe immediately.
(F) Permits for temporary signs or encroachments are limited to seven days or less.
(Prior Code, § 8.01.02) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999
(A) In cases where there are encroachments of long standing, and in the opinion of the City Council will in no way impair or interfere with the free and safe flow of traffic, the immediate removal would impose unreasonable hardship, the City Council may, at its discretion, permit the encroachment to remain for a specific period.
(B) This permission is subject to revocation or extension if it occurs on state highways by the State Department of Transportation.
(Prior Code, § 8.01.05) (Ord. 517, passed - -; Ord. 731, passed - -; Ord. 750, passed - -) Penalty, see § 94.999
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