(a)

The occupant of any premises, or the owner of any unoccupied premises, is required to keep the sidewalks in front of, or adjacent to such premises, cleared so far as is practicable and reasonable, from snow and ice to facilitate pedestrian use. Where there are no sidewalks, the occupant or owner as aforementioned, is required to clear a path free from snow and ice where a sidewalk would otherwise be to facilitate pedestrian use. Whenever any snow or ice has fallen or accumulated, it shall be cleared within a 24-hour period after it has fallen or accumulated.

(b)

Whenever the owner of any premises has permitted any snow or ice to accumulate in front of such premises for a period of 24 hours after such snow or ice has fallen or accumulated, the city may, upon such owner's or occupant's failure to remove such snow or ice, as set forth in this section, and without eliminating the obligation of the owner to do so, come upon such sidewalk or path and remove said snow or ice and charge the cost thereof against the property as a special assessment in accordance with the provisions of section 11.9 of the Charter of the city.

(Code 1958, § 7-119; Ord. No. 530, § 2, 9-23-74)

Charter reference— Specific authority to compel snow removal, Ch. 2, § 2.2(t); assessment of cost of removal to abutting property for failure to remove snow, Ch. 11, § 11.9.

Cross reference— Special assessments, Ch. 22; emergency snow removal, § 26-7.

No person shall suspend anything above any sidewalk or within any street area unless expressly authorized by this Code, except an awning or marquee no part of which is less than seven feet above the sidewalk grade.

(Code 1958, § 7-120)

No person owning, building or repairing any house or other building shall permit any lumber, brick, plaster, mortar, earth, clay, sand, stone or other material to remain on the sidewalk after sunset of the day upon which it was placed there, without permission in writing, from the chief of police, subject to any safeguards he may prescribe.

(Code 1958, § 7-116)

Cross reference— Buildings and building regulations, Ch. 6.

Physical traffic controls within any public place or right-of-way are hereby permitted when approved by city council upon the recommendation of the traffic safety committee. Public utilities may not be installed within any public place or right-of-way without written approval of the city engineer.

(Code 1958, § 7-125; Ord. No. 428, § 1, 1-31-72)

No person shall go upon or drive, or cause to be driven, any vehicle or animal on any pavement, sidewalk, curbing, gutter or any street in the city except at a driveway constructed for such purpose.

(Code 1958, § 7-121)

Cross reference— Animals and fowl, Ch. 5.

(a)

A parking lot, as used in this section, shall mean any land used for storing or off-street parking of three or more motor vehicles or trailers within the city, excepting, however, land used in connection with single residences.

(b)

Whenever, in the opinion of the chief of police or his designee, the use of a parking lot is causing excessive gravel, mud or debris to be strewn upon any street or highway within the city by reason of the fact that such parking lot is not paved with asphalt or cement materials in accordance with the specifications of the city engineer, such use shall constitute a nuisance and the owner or person having possession or control of such parking lot shall within ten days from the mailing or written notification from the city forthwith thereafter discontinue the use of such parking lot until the same has been paved. Provided, however, that council may, after receipt of a written request, extend the time of such use for an additional period not to exceed six months.

(Code 1958, § 5-187; Ord. No. 408, § 1, 1-31-72)

All areas lying between the back of the curb and the property line in the city which are used as parking areas shall be improved by asphalt or concrete paving in accordance with the requirements of the city.

Such improvements shall be required in all zoning districts excluding residentially zoned property or where a residential nonconforming use of land is presently existing. The improvement will be required when a nonconforming use of land becomes conforming. The cost of any improvements shall be borne by the adjacent property owners. If the necessary improvements are not made by the abutting property owner within the required time, the city council may, at its discretion, commence special assessment proceedings to insure compliance.

(Code 1958, § 5-155; Ord. No. 300, § 1, 3-25-68)

All areas lying between the back of the curb and the property line in the city which are not used for parking shall be improved with a lawn, planting area or decorative stone, or asphalt, or any combination thereof, said improvements to be provided by the adjacent property owners.

(Code 1958, § 5-155; Ord. No. 300, § 1, 3-25-68)

Editor's note— Ord. No. 875, § 1, enacted May 13, 1991, repealed § 23-9, which pertained to storage or display for sale of goods, wares or merchandise on public sidewalks, streets or parking lots, and was derived from Ord. No. 719, §§ 1, 2, adopted Nov. 14, 1983.

The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Local street: A thoroughfare which has been accepted by the city for a public use and which affords the principal means of access to abutting property within a subdivision.

Major street: A public thoroughfare which connects with and provides access to local streets; an arterial, such as the mile and half mile roads and streets, as distinguished from a local or subdivision street.

Through lot: An interior lot having frontage on two parallel or approximately parallel or converging streets.

(Code 1958, § 7-146; Ord. No. 153, § 1, 6-13-60)

(a)

Whenever a through lot is so located that one frontage thereof abuts a major street, the frontage abutting the major street shall be the rear lot line and the access to said lot shall be from the local street only.

(b)

It shall be unlawful to provide a means of ingress from a through lot to a major street or to enter upon any major street from such through lot.

(Code 1958, §§ 7-147, 7-149; Ord. No. 153, § 1, 6-13-60)

All buildings erected on any through lot shall be so constructed that the front of said building shall face the local street. The line of the through lot abutting the major street shall be known as the rear lot line and the area of said through lot extending across the lot between the side lot line and between the rear of the main building and the rear line of said lot shall be known as the rear yard.

(Code 1958, § 7-148; Ord. No. 153, § 1, 6-13-60)

Whenever the owners of property adjoining a street or alley within the city shall file a petition with the city council asking the council to vacate said street or alley and when said petition is signed by 100 percent of the adjoining owners, the city council may refer the petition to the plan commission for study and report to the council. When said plan commission has filed its report with the council concerning the vacation of said street or alley, the council may by resolution confirm or reject the recommendation contained in such report. In the event the council deems it advisable to vacate said street or alley, it shall adopt a resolution and shall appoint a time not less than four weeks thereafter when the council will meet to hear objections thereto. Notice of such meeting shall be given by publication in such newspaper circulating within the city as the council may direct from time to time. If on the date of such hearing no objections are filed, the street or alley or any part thereof may be vacated and the resolution vacating such street, alley or any part thereof adopted.

(Code 1958, § 7-131; Ord. No. 110, § 1, 10-15-58; Ord. No. 233, § 1, 10-14-63)

When the petition to vacate is signed by less than 100 percent of the adjoining owners or when the council shall deem it advisable to vacate, discontinue or abolish any street, alley or any part thereof, the council shall by resolution so declare and by said resolution shall refer the proceedings to the plan commission for study and report. The plan commission shall order a public hearing thereon and upon a favorable report to the council advising said vacation the said council shall by resolution appoint a time not less than four weeks thereafter when it will meet and hear objections thereto. Notice of such meeting shall be given by publication in such newspaper circulating within the city as the council may direct from time to time. In the event objections to such proposed action shall be filed with the clerk in writing the said street, alley or any part thereof shall not be vacated or discontinued, except by a vote of two-thirds of the members of the council elect.

(Code 1958, § 7-132; Ord. No. 110, § 1, 10-15-58)

Whenever the city council shall by resolution vacate any street, alley or any part thereof, it may, in the same resolution, reserve an easement therein for public utility purposes with the right-of-way of any such street or alley so vacated.

(Code 1958, § 7-135; Ord. No. 110, § 1, 10-15-58)

Whenever the owners of a majority of frontage of property adjoining and abutting a public easement within the city shall file a petition with the city council asking that said easement be vacated, or in the event it is deemed advisable by the council to vacate any public easement, the city council shall refer the question of the vacating of such easement to the plan commission for study, and hold a public hearing and send a report to the council. Notice of such public hearing shall be sent to all public utilities servicing the city, and to the engineering and public works departments of the city. In the event no objections to the vacation of easement are made by said public utilities, and the vacation is approved by the engineering and public works departments of the city, the plan commission may recommend its approval to the council. The council may thereafter declare by resolution that it is deemed advisable to vacate said public easement and in said resolution shall appoint a time not less than four weeks thereafter when the council will meet and hear objections thereto. Notice of such meeting shall be given by publication in such newspaper circulating within the city as the council may direct from time to time. Upon such hearing, if no objections are received, the public easement may be vacated and a resolution vacating such easement may be adopted.

(Code 1958, § 7-133; Ord. No. 162, § 1, 8-8-60)

Upon the resolution of vacation of a street, alley, easement or any part thereof becoming effective the city clerk shall within 30 days, forward to the state treasurer and record with the register of deeds a certified copy of said resolution, together with his certificate giving the name or names of any plat, subdivision or addition affected by such resolution and such resolution shall have no force or effect until so recorded.

(Code 1958, § 7-130; Ord. No. 162, § 2, 8-8-60)

State Law reference— Similar provisions as to platted areas, MSA 26.430(256), (257).

Every resolution discontinuing or vacating any street, alley or any part thereof shall be recorded in a book of street records to be maintained by the city clerk and the records therein shall be prima facie evidence of all matters therein set forth.

(Code 1958, § 7-134; Ord. No. 110, § 1, 10-15-58)

The department of engineering may make rules and regulations, in addition to those of this division, subject to the approval of the council, pertaining to the making of openings or excavations in streets, in the building of any vault, stair or areaway in or under the streets, as are necessary to secure the health and safety of the public and for the protection of property, and such rules and regulations shall constitute the standards upon which the permits required shall be issued.

(Code 1958, § 7-115)

Cross reference— Department of engineering, Ch. 2, Art. VI.

No work for which a permit is required under this division shall be done by any person except in accordance with plans and specifications approved by the city engineer and all work shall be done under his supervision.

(Code 1958, § 7-108)

No permit shall be granted for the doing of any work under this division unless a cash bond has been filed with the community development department, as provided in this section. The cash bond shall be in an amount established by resolution of the city council. All cash bonds shall be conditioned to pay all damages to the streets of the city or to hold the city harmless of every damage of every other nature, whether to persons or property for which such city may be held liable by reason of, or which is occasioned by the doing of a thing or the exercise of the privilege for which the permit upon which the cash bond was based, was granted.

(Ord. No. 757, § 1, 5-28-85; Ord. No. 1003, § 1, 2-26-01)

If the department of engineering shall refuse to issue any permit, the applicant may appeal to the council which shall grant a hearing thereon and the decision of the council shall be final. In granting a permit after such hearing, the council may impose such conditions therefor as it may deem desirable to protect the safety of persons and property during the moving of any building and the replacement of any utility wires, poles and other street appurtenances as may be moved or taken down therefor.

(Code 1958, § 7-113)

All work done pursuant to any permit shall be inspected by the city engineer and he may suspend or revoke any permit so granted where either the workmanship or materials used does not conform to the plans and specifications approved or required upon issuance of the permit, or when the terms of any permit or of this chapter are violated. No person shall perform any work authorized by any permit or cause any such work to be performed while that permit is suspended or revoked.

(Code 1958, § 7-114)

This division may be known as the "City of Madison Heights Public Right-of-Way Ordinance" and may be cited as such.

(Ord. No. 979, § 1, 8-10-98)

The purpose of this division is to regulate the use of public right-of-way by gas, electric, telecommunications, cable television and other public utility companies and to establish permit procedures and standards pertaining to the installation of facilities and structures within the public right-of-way and utility easements, encouraging joint planning of utility and telecommunication construction projects in the public right-of-way, coordinating and standardizing the location of particular kinds of facilities and structures in the public right-of-way and minimizing their interference and impairment of sidewalks, streets, sanitary sewers, storm drain or water pipes.

(Ord. No. 979, § 1, 8-10-98)

Unless otherwise indicated the terms used in this division are defined as follows:

Alley. A public or legally established thoroughfare other than a street affording a secondary method of vehicular access to abutting property and not intended for general traffic circulation.

Curb. A part of the street usually of the same elevation as the center of the street which is parallel to the street which separates the portion of the roadway established for vehicular traffic from the adjacent greenbelt area designed to keep vehicular traffic from the greenbelt area.

Facilities and structures. Poles, towers, water pipes, monitoring wells, sewers, drains, pipes, lines, wires, cables, fibers, conduits, pedestals, utility boxes, manholes, handholes, vaults, utility pits, nodes, junction boxes, buildings and enclosures, including fences.

Public right-of-way. The entire area owned or dedicated by the city or other governmental agency or entity for public use as a highway, street, alley or other public place.

Street. That portion of a public thoroughfare improved, designed or ordinarily used for vehicular traffic including curbs on paved roads and shoulders on unimproved thoroughfares.

Utility easement. A right or privilege over a specific portion of land area granted by the owner to the public, a corporation or some particular person or persons for specific uses and purposes and which is designated a public or private easement depending on the nature of the use.

(Ord. No. 979, § 1, 8-10-98)

(a)

It is unlawful to install any facility or structure within any public right-of-way or utility easement without a permit from the city.

(b)

It is unlawful to make any excavation or opening in or to tunnel under any public right-of-way without a permit from the city. The city manager or his designee may, if public safety requires, grant immediate permission to a person to make a necessary excavation or opening within the public right-of-way, provided that a permit is obtained by the next business day.

(c)

An emergency aboveground repair within the public right-of-way made without a permit must be reported to the community development department by the next business day.

(Ord. No. 979, § 1, 8-10-98)

(a)

Owners of any underground facilities and structures within a public right-of-way must participate in the Miss Dig System and respond to and stake or locate its facilities and structures within the rules and regulations as prescribed by the Miss Dig System and hold the city, its agents and contractors harmless for any damage to facilities and structures which may be damaged as a result of the city repairing or maintaining its sanitary sewers, storm drains or water mains located in any public right-of-way if due to untimely or incorrect locations being staked or identified.

(b)

The placement of facilities and structures within public right-of-way and utility easements is subject to approval by the city engineer. The following standards apply to underground installations in the public right-of-way:

(1)

All facilities and structures must be installed at a minimum depth of six feet except for the point of entrance.

(2)

Seven-foot horizontal clearance is required from a water main if it is located on one side of the road.

(3)

Seven-foot horizontal clearance on the property line side and four feet on the interior side is required if a water main is on both sides of the road.

(4)

Three-foot horizontal clearance is required from the edge of any sanitary sewer or storm drain pipes.

(5)

Four-foot horizontal clearance is required from any structure to the edge of any sanitary sewer, storm drain or water pipes.

(6)

A profile diagram of the entire route must be submitted to the city engineer showing the depth, location and size of the lines or vaults down to two feet below the bottom of the lines or vaults.

(7)

The vertical height and horizontal dimension of any column of conduit may not exceed two feet including any encasement.

(8)

No structure exceeding six feet in any horizontal dimension may be installed within a public right-of-way.

(9)

The city engineer may waive these requirements and establish other conditions if an installation will not interfere with reasonable access for the repair or construction of sanitary sewer, storm drain or water pipes.

(c)

The location of aboveground facilities and structures are subject to review and approval by the city's site plan committee for visibility, traffic and pedestrian safety, landscaping, screening and other site conditions.

(d)

All openings, excavations or obstructions in a public right-of-way must be properly barricaded and illuminated as required by the Michigan Manual of Uniform Traffic-Control Devices to prevent injury and damage to persons or vehicles. Safety devices must be installed at all construction sites to provide adequate notice and warning to both pedestrians and motorists.

(e)

All openings, excavations and tunnels in a public right-of-way must be properly shored and braced in accordance with all standards promulgated by the Occupational Safety and Health Administrative (OSHA) and the Michigan Occupational Safety and Health Administration (MIOSHA) to insure the safety of all workers and prevent cave-ins and washouts which would likely cause damage to the surface grade of the street or adjoining portions of the right-of-way. If it appears that there is a danger to the public safety the city has the authority to install any and all barricades, warning signs and other such devices that it may deem necessary and may charge the permit holder for costs incurred in protecting the public and may revoke the permit.

(f)

Facilities and structures constructed of nonmetallic material are required to have a traceable metallic wrap or accompanying wire for the purpose of tracing and locating with conventional locating equipment. When placed in the public right-of-way, facilities and structures constructed of material susceptible breakage (i.e., fiber optic line) may be encased in a protective shell as approved by the city.

(Ord. No. 979, § 1, 8-10-98)

(a)

Application for a permit under the terms and conditions of this division and any other applicable provision of the City Code shall be made on forms provided by the city and shall be accompanied by plans and specifications showing the proposed work to be performed within the public right-of-way.

(b)

Application for a permit may not be accepted unless it contains all of the required information, is accompanied by required plans which conform to the applicable provisions of the City Code ordinances and regulations, and is accompanied by the payment of the permit fee as established by resolution of the city council. The proposed plans and specifications shall be reviewed by appropriate city departments depending on the nature of the work to be performed.

(c)

Liability insurance policies naming the city as additional insured may be required by the city. A properly executed certificate of insurance containing evidence that the pertinent policy of insurance or endorsement applies to the provisions under which the permit is issued and approved as to form by the city attorney shall be filed with the city clerk.

(Ord. No. 979, § 1, 8-10-98)

As a condition of obtaining a permit the applicant may be required to file with the city a cash construction bond in an amount of at least $1,000.00 or five percent, whichever is greater, as established by the city engineer based on the applicant's estimated cost of the project, including labor, materials and overhead, which may be utilized to pay all valid claims for damages resulting from activity within the public right-of-way. The estimated cost of the project shall be consistent with the installed cost of the project as reported for state and local tax purposes. The cash bond shall be conditioned to pay all damages to the public right-of-way of the city and to hold the city harmless of every damage of every other nature whether to persons or property for which such city may be held liable by reason of or which is occasioned by the doing of a thing or the exercise of the privilege for which the permit upon which the case bond was based was granted. The applicant must execute an agreement to defend, indemnify and hold the city harmless in the event a claim arises out of an activity conducted by the applicant within the right-of-way.

(Ord. No. 979, § 1(23-30A), 8-10-98)

Editor's note— Ord. No. 979, adopted Aug. 10. 1998, amended Ch. 23 by adding provisions numbered in part as §§ 23-30A—23-30E. In order to conform to established format, and to facilitate indexing, reference and use, the editor has redesignated these provisions as §§ 23-30.1—23-30.5. The original numbers have been preserved in the history notes following each section and in the Code Comparative Table in order to facilitate tracking.

The owner of any facilities and structures within a public right-of-way may obtain an annual blanket work permit (July 1 to June 30) covering all maintenance and repair activities upon payment of a fee set by resolution of the city council, the posting of a cash maintenance bond in the amount of $1,000.00 and the filing of maps describing the location of all the owner's facilities and structures within the city. The holder of an annual blanket work permit must file with the community development department a monthly report describing the nature and location of all maintenance and repair work. The cash bond shall be conditioned to pay all damages to the public right-of-way of the city and to hold the city harmless of every damage of every other nature whether to persons or property for which such city may be held liable by reason of or which is occasioned by the doing of a thing or the exercise of the privilege for which the permit upon which the cash bone was based was granted. The applicant must execute an agreement to defend, indemnify and hold the city harmless in the event a claim arises out of an activity conducted by the applicant within the right-of-way.

(Ord. No. 979, § 1(23-30B), 8-10-98)

Note— See the editor's note to § 23-30.1.

(a)

All construction work done pursuant to any permit issued pursuant to this division shall be inspected by the city to determine that the work conforms with the applicable City Code provisions. The city may suspend or revoke any permit where the workmanship or materials used do not conform to the approved plans and specifications and the applicable provisions of this Code or other applicable ordinances. Violation of the terms and conditions contained in this division or any other applicable ordinance or Code provision may result in the permit being revoked. It is unlawful to perform any work authorized by any permit or cause any work to be performed after a permit has been suspended or revoked.

(b)

"As-built" maps and plans must be submitted by the applicant to the city engineer as soon as they are completed, but no later than 90 days after completion of the work. If available, a digital geographical information system layer, using a program, format and computer media acceptable to the city and containing such information and data as the city may require, which accurately displays the work.

(Ord. No. 979, § 1(23-30C), 8-10-98)

Note— See the editor's note to § 23-30.1.

All operations for which a permit is granted pursuant to the terms of this division are under the direction and supervision of the city manager or his designee. If a permit is refused, suspended, or revoked the applicant may within ten days of the denial, suspension or revocation appeal that determination to the city council. The city council may, after proper notice to all interested parties, conduct a hearing concerning the refusal, suspension or revocation. After conducting the public hearing the city council may either affirm, modify or reverse the decision of the city manager or his designee. The decision of the city council is final.

(Ord. No. 979, § 1(23-30D), 8-10-98)

Note— See the editor's note to § 23-30.1.

In the event that any parts of this division conflicts with any other applicable City Code provision or ordinance of the city the more restrictive City Code provision or ordinance shall apply.

(Ord. No. 979, § 1(23-30E), 8-10-98)

Note— See the editor's note to § 23-30.1.

The following definitions shall apply in the interpretation and enforcement of this division:

(1)

The term "sidewalk," as used herein, shall include any sidewalk adjoining any public street. The term shall not include any portion of any driveway between the street and the proposed or existing walk, or any crosswalk.

(2)

The term "person," as used herein, shall be interpreted and construed to mean and to include any firm, corporation, partnership, voluntary association and organization of every nature, as well as individuals.

(Code 1958, § 7-102; Ord. No. 798, § 1, 2-9-87)

A permit shall be obtained from the community development department prior to commencement of construction, repair, reconstruction or removal of any sidewalk within the city. Permit fees for sidewalks shall be set by council resolution. No permit shall be required for repair of sidewalks less than 50 square feet in area.

(Code 1958, § 7-103; Ord. No. 798, § 1, 2-9-87)

The following standards shall be adhered to for all sidewalk construction, repair or reconstruction:

(1)

The city engineer shall establish the line, grade, slope and design standards for all sidewalk construction, repair or reconstruction.

(2)

All sidewalks shall be made of cement limestone mix in accordance with specifications provided by the city engineer.

(3)

All sidewalks shall be located within the street right-of-way and adjacent to the property line, except that all reasonable efforts shall be made to avoid cutting trees. In no case, however, shall [a] sidewalk constructed under the provisions of this division be located on private property.

(4)

All sidewalks shall be constructed five feet wide on local streets, major streets and state trunk-lines, with local and major streets and state trunk-lines being defined in accordance with the street system map of the city as prepared by the Michigan Department of Transportation.

(Code 1958, § 7-103; Ord. No. 798, § 1, 2-9-87)

No persons shall permit any sidewalk which adjoins property owned by him to fall into a state of disrepair or to be unsafe.

(Code 1958, § 7-101; Ord. No. 798, § 1, 2-9-87)

All new development occurring within the city which is adjacent to a public street where sidewalks do not presently exist shall provide for the construction of sidewalks in accordance with the requirements of sections 23-323 and 23-33 of this division. Provision for such sidewalk construction shall be included as part of site plan review, subdivision approval and/or as part of plans submitted for obtaining a building permit. Such newly constructed sidewalk shall be paid for entirely by the property owner unless otherwise determined by resolution of the city council.

(Code 1958, § 7-103; Ord. No. 83, § 1, 2-5-58; Ord. No. 798, § 1, 2-9-87)

(a)

Whenever the chief building inspector or city manager determines that a sidewalk is defective or unsafe for use, or where it is determined that new sidewalk construction is required to provide reasonable public access for pedestrian traffic, or whenever any property owner abutting a public street submits a written petition requesting sidewalk construction, repair or reconstruction, the chief building inspector or city manager shall make a report of such determination to the city council. The report shall be in conformance with the Code of Ordinances of the City of Madison Heights regarding special assessments, and a special assessment district shall then be established accordingly.

(b)

Property owners may complete the sidewalk construction, repair or reconstruction themselves or through their contractor, provided they notify the city and secure a sidewalk permit by the date specified in the "Notice of Sidewalk Repair or Construction" sent to the property owner by the city; and, further provided, that all such work is completed within 30 days of said date. After the 30-day period, the permit shall be invalid and the city shall construct, repair or reconstruct the sidewalk and charge the property owner in accordance with the provisions of this division.

(c)

The costs for new sidewalk construction, where no sidewalk has existed before, or for sidewalk repair or reconstruction shall be borne 100 percent by the abutting property owner.

(d)

All sidewalk assessments determined under this section shall be due, payable, and collectible and shall become a lien on the property in the same manner as a special assessment under this Code.

(Ord. No. 798, § 1, 2-9-87; Ord. No. 850, § 1, 11-28-89)

Whenever the city council shall consider the necessity for construction, reconstruction or resurfacing of a public street, the city council shall also consider the necessity for construction, repair or reconstruction of sidewalk. Whenever feasible, such sidewalk work shall be completed in conjunction with the street project as finally approved by the city council.

(Ord. No. 798, § 1, 2-9-87)

(a)

Under no circumstance shall the city pay for any portion of the cost of sidewalk construction, repair or reconstruction where a sidewalk has been damaged by willful misuse or carelessness as could perceivably occur with heavy construction equipment, moving vans or similar items. For such costs, the abutting property owner shall be 100 percent liable and responsible.

(b)

Where construction of otherwise satisfactory sidewalk is desired by an abutting property owner of his own convenience, for example, the lowering of grade to provide a more suitable driveway, the cost shall be paid 100 percent by such property owner.

(Ord. No. 798, § 1, 2-9-87)

Whenever any driveway, crosswalk or other paved area between the sidewalk and curb is or becomes so defective that it is not reasonably safe or fit for travel, and in the opinion of the city engineer, the same should be immediately repaired, he shall give the owner or occupant of the premises adjacent to such driveway, crosswalk or other paved area, notice to repair the same within 30 days, and in default thereof the city engineer shall have the power to cause the same to be repaired, and the engineer shall make a detailed report to the council of the cost and expense of performing this work, which cost and expense shall be charged to such owner or occupant in the manner provided by the Charter relative to special assessments.

(Code 1958, § 7-107)

No person shall construct, alter or change any crosswalk, driveway apron or any opening in or through any curb in any street or public way without first procuring a permit from the department of engineering.

(Code 1958, § 7-104)

No permit to cut any curb shall be issued by the department of engineering unless the applicant shall agree in such application, as a condition of the issuance of the permit, to install a driveway apron of concrete or other material of comparable quality within 90 days after completion of the cut.

(Code 1958, § 7-105)

(a)

The permit fee for constructing, altering, etc., a driveway apron shall be established by resolution of the city council.

(b)

The permit fee for a curb cut in conjunction with a driveway shall be established by resolution of the city council. No curb cut shall be made except by employees of the city, or contractors and other persons approved by the city engineer.

(Code 1958, § 7-103; Ord. No. 124, § 2, 5-11-59; Ord. No. 1003, § 1, 2-26-01)

No curb cut shall be made except by employees of the city or contractors and other persons approved by the city engineer.

(Code 1958, § 7-103; Ord. No. 124, § 2, 5-11-59)

Any driveway apron adjoining a paved street which is not paved with concrete or other comparable material shall be so paved. If said driveway apron is not paved, the city engineer shall give the owner or occupant 30 days notice to pave the same and if such person shall neglect or refuse to do so then the city engineer shall cause said driveway apron to be paved and he shall make a detailed report to the council of the cost and expense of performing this work, which cost and expense shall be charged to such owner or occupant in the manner provided by the Charter, relative to special assessments.

(a)

Whenever any building is constructed on or other use made of any land adjoining a street paved with concrete or other comparable material, and a driveway is provided as a means of access to said property from such street, a driveway apron shall be constructed and paved with concrete, or other comparable material, on or before the occupancy of said building; or the commencement of use of said land. Provided, that when the occupancy occurs or use begins during the months when such paving cannot be done because of weather conditions, the paving may be postponed until weather conditions are favorable, but not longer than 30 days thereafter.

(b)

Whenever any street is hereafter paved with concrete or other comparable material every existing driveway providing access to said street shall have a driveway apron constructed and paved with concrete or other comparable material, on or before six months after the installation of said street paving.

(Code 1958, § 7-106; Ord. No. 124, § 1, 5-11-59)

Berm area when used in this division is that portion of the public right-of-way lying between the sidewalk and the edge of the street excluding driveway aprons.

(Code 1958, § 7-160; Ord. No. 430, § 1, 11-2-70)

All persons desiring to pave the berm area must first make application for a permit which shall be approved and issued by the city engineer.

(Code 1958, § 7-161; Ord. No. 430, § 1, 11-2-70)

Permit fees for paving the berm area shall be set by council resolution.

(Code 1958, § 7-162; Ord. No. 430, § 1, 11-2-70)

The minimum requirements for paving in the berm area shall be two inches of hot mix asphalt and six inches of aggregate base, or equivalent deep strength asphalt. Provided, however, upon request of the applicant the city engineer may modify the minimum requirements when adequate base materials are already in the berm area, or the use of the berm area is for less than vehicular parking.

(Code 1958, § 7-163; Ord. No. 430, § 1, 11-2-70)

No person shall make any excavation or opening in or under any street, or public place without first procuring a permit from the department of engineering.

(Code 1958, § 7-109; Ord. No. 81, § 1, 3-19-58)

(a)

Before the issuance of a permit required by section 28-65, the applicant shall post a cash bond in an amount determined by resolution of the city council as a guarantee to repair and place such street in the same condition as existed prior to the issuance of such permit.

(b)

There shall be charged to each applicant a permit fee in an amount determined by resolution of the city council.

(Code 1958, § 7-109; Ord. No. 81, § 1, 3-19-58; Ord. No. 757, § 2, 5-28-85; Ord. No. 1003, § 1, 2-26-01)

Each permittee to open a street shall pay in addition to the permit fee required by section 23-66 the estimated cost of restoring the surface of the street to its proper condition, which cost shall be determined by the council.

(Code 1958, § 7-111)

All cuts or excavations shall be repaired as soon as practicable, but in any event, the permittee under this division shall repair, in an approved manner, the cut or excavation within 24 hours of receipt of notification from the building department. Notification to such permit holder shall be deemed sufficient if sent to him by certified mail to his last known address.

(Code 1958, § 7-109; Ord. No. 81, § 1, 3-19-58)

No person making an opening in a street, alley or public place shall fail to guard the same fully during the period of construction and no person causing any such opening to be used, nor the user thereof, shall fail to guard or barricade the same while in use, so as to protect the safety of the public. No person using any street opening, or causing the same to be used, shall fail to close the opening in accordance with the directions of the city engineer immediately after use.

(Code 1958, § 7-110)

It shall be unlawful to retard or obstruct the flow of surface or storm water through any culvert, pipe drain, gutter or drainage ditch or to construct a driveway or entranceway over, through or in any gutter or drainage ditch within the city without first having obtained a permit from the department of public works.

(Code 1958, § 7-136; Ord. No. 117, § 1, 1-21-59)

Application for a permit required by section 23-76 shall contain complete information showing the extent and limits of the installation. Permits will be granted upon payment of a fee as provided in section 23-78, and upon the conditions that the applicant obligates himself, his heirs, successors, administrators and assigns to maintain the culvert or pipe drain in such a manner that the flow of water shall not be impeded, or obstructed.

(Code 1958, § 7-137; Ord. No. 117, § 1, 1-21-59)

Before issuing any permit required by section 23-76, the city clerk shall require the payment of a fee of $5.00, which is hereby determined to be the reasonable cost of inspection.

(Code 1958, § 7-143; Ord. No. 117, § 1, 1-21-59)

No building permit shall be issued by the building department for any new construction, alteration or reconstruction, in or on any property in front of which is located an obstructed gutter or drainage ditch, or a gutter or drainage ditch which, because of location, elevation, or other condition, must be contained in a culvert or pipe drain to permit proper flow of surface or storm water, unless the applicant applies for and receives a permit in full compliance with this division.

(Code 1958, § 7-139; Ord. No. 117, § 1, 1-21-59)

The city engineer shall fix the line, grade and location and determine the type of and extent of materials, construction or installation of the gutter, drainage ditch, culvert or pipe drain.

(Code 1958, § 7-140; Ord. No. 117, § 1, 1-21-59)

The owner, user or occupant of lands in front of which is located an obstructed or faulty gutter, drainage ditch, culvert or pipe drain, in the sole opinion of the department of public works, shall within 20 days after personal notice in writing from the department of public works, remove or correct such obstruction or interference or provide such other means as may be approved by the department of public works so that the flow of storm or surface water is not impeded or obstructed. In the event the owner, user or occupant is a nonresident of the city and personal service of such notice cannot be made, notice to comply posted in a conspicuous place upon the property shall constitute sufficient notice.

(Code 1958, § 7-138; Ord. No. 117, § 1, 1-21-59)

In the event the owner, user or occupant does not remove the obstruction or make the necessary corrections and repairs required by the provisions of section 23-81 within 20 days after receipt of written notice, the city reserves the right to enter upon and make such necessary corrections and repairs and the actual costs thereof shall be charged to and assessed against the abutting property in the same manner as provided for a special assessment.

(Code 1958, § 7-142; Ord. No. 117, § 1, 1-21-59)

Any owner, user or occupant who refuses, neglects or fails to comply with the provisions of this division, in addition to the penalties provided shall be liable to the city for all damages to persons or property recoverable against the city by reason of any injuries or property damage resulting therefrom, and such sum may be recovered by the city in proceedings brought for such purpose in any court of competent jurisdiction.

(Code 1958, § 7-141; Ord. No. 117, § 1, 1-21-59)