No sidewalks that are hereafter proposed to be built shall be built without first obtaining a building permit therefor. (1959 Code § 9-8-1)

All sidewalks hereafter built shall be built and kept in repair by the owner of the property adjacent thereto and abutting thereon. All presently existing sidewalks shall be kept in repair by the owner of the property adjacent thereto and abutting thereon, upon notice given by the city council. (1959 Code § 9-8-2; amd. 2003 Code)

Whenever the city council shall deem it necessary that any sidewalk be constructed, replaced or repaired, it shall order the same done by resolution, order and motion as a part of the minutes of the meeting of the city council. (1959 Code § 9-8-3; amd. 2003 Code)

The city engineer or any person authorized by the council shall notify the owners of all lots or parcels of land fronting, abutting on or adjacent to the side of the street upon which a sidewalk is ordered to be constructed, replaced or repaired, and which property is liable for the costs of such sidewalk, by serving upon such persons, in writing, in substantially the language of the order of the council, requiring such person to begin the construction, replacement or repair of such sidewalk within thirty (30) days from the date of service of such notice and to complete the same within forty five (45) days therefrom. (1959 Code § 9-8-4; amd. 2003 Code)

If any person having been duly notified, as herein provided, shall fail, neglect or refuse to construct, replace or repair such sidewalk as ordered without reasonable excuse for such failure, neglect or refusal, the city engineer shall report the same to the city council, with the name of such owner, and with the description of the property in front of which said sidewalk has not been built, and the council may proceed to cause the same to be constructed, replaced or repaired by the city street department, or other person thereunto appointed or employed, or may proceed to let the construction thereof by bid or contract under such conditions as the city council shall designate. (1959 Code § 9-8-5; amd. 2003 Code)

Whenever the city council shall have caused the sidewalk to be constructed, replaced or repaired as herein provided, the full expense thereof shall be a lien upon the lot or parcel of land in front of which the same shall be constructed, replaced or repaired and shall take precedence of all other liens and may be foreclosed in accordance with the provisions of the laws of the state of Idaho. A statement of said expenses shall be certified by the clerk of the city to the county auditor of Boundary County, and shall be collected as other municipal taxes. (1959 Code § 9-8-6; amd. 2003 Code)

The duty to maintain, repair and replace sidewalks shall be upon the adjacent and abutting property owners, subject only to their receipt of notice from the city containing instructions as to the manner and method of repairing and replacing the sidewalks. (1959 Code § 9-8-7; amd. 2003 Code)

In the event any adjacent or abutting owner shall fail or refuse to commence compliance with such notice for a period of five (5) days, then such adjacent or abutting owner shall be liable to the city in an amount equal to all damages and costs and fees paid by the city in tort actions arising after said five (5) day period out of the condition of such sidewalks. (1959 Code § 9-8-8; amd. 2003 Code)

"Curb" is defined as a stone, concrete, wooden or asphalt barrier paralleling the side limit of the roadway to protect the adjoining property from incursion by vehicles and controlling access to and from streets and highways. (1959 Code § 10-5-1)

A.   Driving On Prohibited: It shall be unlawful for any person to cause a vehicle to go upon or over any curb on any street or highway within the limits of the city.

B.   Damage Or Destruction Prohibited: It shall be unlawful for any person to damage or destroy any curb on any street or highway within the limits of the city. (1959 Code § 10-5-1)

Violation of this chapter shall be punishable under section 1-4-1 of this code. (1959 Code § 10-5-1)

A.   Adoption Of Standards: The city of Bonners Ferry adopts the current editions of the "Manual On Uniform Traffic Control Devices" (MUTCD) and American Traffic Safety Services Association (ATSSA) standards for traffic and pedestrian notification and control for all construction and maintenance activities in the public rights of way in the city of Bonners Ferry.

B.   Signing And Flagging: All persons and/or companies requiring signing or flagging along public rights of way within the city of Bonners Ferry will follow the MUTCD.

C.   Cessation Of Operations: Persons and/or companies found not to be in compliance with the MUTCD shall cease operations until compliance.

D.   Compliance Required: It shall be unlawful for any contractor working in the city of Bonners Ferry on the public rights of way to fail to be in compliance with MUTCD. (Ord. 528, 11-1-2011)

A.   Permit Required: It is hereby declared to be unlawful for any person to do any excavating, construction, or landscaping in the public streets or alley rights of way of the city without first applying to and obtaining from the city engineer a permit to do so, specifying in the application the time, place and nature of the proposed work, together with a plan and sketch showing the method of excavation and the location of all utilities within the proposed work area.

B.   Issuance Of Permit: The city engineer designee shall issue all permits for excavation, drilling, boring and any other activities physically affecting the airspace above, surface of, and subsurface under city and public streets; but before doing so, he may notify, and receive input from, any department whose works could be affected by the issuance of such permit. The fee for such permit shall be established from time to time by council resolution.

C.   Utility Crossing: Utility crossings of city and public streets shall be underground, except as otherwise provided herein. The method shall be by some procedure, including boring or jacking, that does not disturb the street pavement.

D.   Exception To Underground Utility Construction: In certain instances, the act of placing the utility crossing underground could cause excessive damage to adjoining property, the street and/or utilities in the street regardless of the procedure used. The burden is upon the utility requesting the permit to make such determination. Upon making such a determination, the utility shall apply for a waiver from subsection C of this section, and in the application shall outline in detail why the damage is anticipated, the anticipated amount of damage, the nature of the damage, the unfeasibility of compliance with subsection C of this section, and such other related information as requested by the city engineer. After examining the application, the city engineer shall determine, from the facts submitted in the application and from the facts he finds in his examination of the premises, whether an underground crossing would cause excessive damage to adjoining property, the street and/or utilities in the street, or for some other economic or physical reason be unfeasible, he will then issue a written waiver of compliance with subsection C of this section, and will thereupon outline the crossing procedure to be used.

E.   Safety Precautions; Work Requirements:

   1.   Safety Precautions: It is the duty of each permit holder to take proper and adequate precautions to protect the public and public facilities including, but not limited to, such inclusion, adequate barricades, fences, signs, lights and certified flaggers.

   2.   Repair Of Settling: Proper filling, grading and paving of the street shall be done upon completion of the work, and responsibility for repairing settling shall remain with permittee for eighteen (18) months following completion of the work. Upon observing settling, or when repairs are not promptly made, the city, at its option, may repair same and bill permittee the cost thereof.

F.   Purpose; Indemnification:

   1.   Purpose: By this section, it is not the intent of the city to oversee the work of permittee or to assume the obligation of requiring the permittee to comply herewith. The sole purpose of this section is to advise the minimum standards required for obtaining permission to excavate or construct in, on, under or over a city or public street.

   2.   Indemnification: No permit shall be issued unless the permittee first provides the city engineer a written indemnification or, at engineer's discretion, a bond whereby the permittee assumes the defense of and payment of all claims and actions brought against the city arising from the malfeasance or nonfeasance of permittee, its agents or employees, in its work under the permit.

G.   Liability For Damages: Any permittee or other person, who shall break or damage any city water, sewer or electric system or other city property shall forthwith repay the city an amount equal to the damage caused. (Ord. 528, 11-1-2011)

A.   Application For Permit; Fee: Before any person and/or organization shall develop any access from private property onto the rights of way and/or city streets of the city, they shall file an application for a permit for such with the city clerk on a form to be provided by the city and pay a fee in an amount to be set in accordance with a resolution of the council.

B.   Review By City Engineer: The city clerk shall promptly provide a copy of such application to the city engineer who shall cause the proposed access to be examined to determine:

   1.   Traffic safety hazards;

   2.   Load impact on streets and rights of way;

   3.   Increased street and right of way maintenance; and

   4.   Impact on utility service.

C.   Issuance Of Permit:

   1.   No Appreciable Impact: If in the judgment of the city engineer such access will have no appreciable impact on any of the foregoing criteria, a permit shall issue.

   2.   Material Impact:

      a.   Notice To Applicant: If in the judgment of the city engineer the access will materially impact one or more of the foregoing criteria, then he shall, in writing, state in what respect said items are impacted and state the manner which if possible such impact may be cured or reduced to an acceptable level.

      b.   Negotiation Of Cure: In such case no permit shall thereafter issue for such access without the property owner negotiating a cure at his own expense with the mayor and city council and with the advice and consent of the planning and zoning commission.

D.   Violation; Penalty: It shall be unlawful for a person to create or construct an access onto the city streets or rights of way without compliance with this section and a violation of this section shall constitute a misdemeanor. The city may take such action as they deem appropriate to obstruct such access until compliance with this section be complied with. (Ord. 528, 11-1-2011)

Any owner, agent, tenant or occupant of any real property shall trim to eight feet (8') from the ground all trees on property owned or occupied by him, overhanging the sidewalks, streets or alleys, so that the branches thereon will not interfere with pedestrian or public travel. (1959 Code § 9-2-1; amd. 2003 Code; Ord. 527, 11-1-2011)

Any owner, agent, tenant or occupant of any real property shall trim all hedges and shrubbery adjacent to public sidewalks so that no part of said hedges and/or shrubbery shall extend over any part of a public sidewalk. Hedges and shrubbery on corner lots will be trimmed so as to not interfere with visibility of traffic. (1959 Code § 9-2-2; amd. 2003 Code; Ord. 527, 11-1-2011)

It is hereby declared unlawful for any person, not the owner thereof, or without lawful authority so to do, to wilfully injure, deface, disfigure or destroy any fruit, shade or ornamental tree or shrub, or to injure, destroy, cut or pick any flower or plant, growing, standing or being either on private ground or any street, parking, public park or place. (1959 Code § 9-2-3; amd. Ord. 527, 11-1-2011)

The mayor and council are hereby given full and complete control over all trees growing within the confines of the city limits which are outside the property lines of the respective lots, plats and tracts. (1959 Code § 9-2-4; amd. 2003 Code; Ord. 527, 11-1-2011)

"Weeds", within the meaning of this chapter, include all vegetable growth that is unsightly, troublesome, useless or noxious. (1959 Code § 9-6-1; amd. Ord. 527, 11-1-2011)

All weeds and vegetable growth that have been declared noxious, destructive and detrimental to the agricultural interests shall be completely and effectually destroyed. It shall be a sufficient compliance with this chapter if all other kinds not so declared noxious are kept closely cut to the ground. (1959 Code § 9-6-1; amd. Ord. 527, 11-1-2011)

All owners, occupants, tenants or agents of any lot, block, parcel or subdivision of land are hereby required to cut and remove all weeds from said premises and to the center of the street or alley along, in front of or abutting on said premises and to keep the same free from weeds. (1959 Code § 9-6-1; amd. Ord. 527, 11-1-2011)

Whenever the growth of weeds exceeds twelve inches (12") in height or becomes a condition prohibited by this chapter, the city or any of its officers shall notify such owner or occupant to remove such growth and in default of this being done, the city shall remove the same and cut such weeds, or do any other work necessary to place said premises in condition. The clerk shall certify the cost of the same and the cost therein occurred shall be a lien upon the property. (1959 Code § 9-6-1; amd. 2003 Code; Ord. 527, 11-1-2011)