Chapter 12.10
SIDEWALK AND STREET OBSTRUCTIONS
Sections:
12.10.010 Removal of obstructions.
12.10.020 Boxes, barrels, etc., on sidewalks.
12.10.030 Building materials or machinery on streets and sidewalks--Permit.
12.10.040 Same--Rules governing placement.
12.10.060 Height of awnings and other projections.
12.10.070 Red lights on sewer trenches.
12.10.010 Removal of obstructions.
The Director of Public Works, or such other officer as may be designated by the City Council, is hereby authorized and empowered to remove, or cause to be removed, to any place selected by him, all materials and things of whatever nature which obstruct the free use of any street, lane, or sidewalk, or portion thereof, in the city or which render the same dangerous to the public and sell the same after three days’ notice. The owner of the materials or things so removed may recover the same before the same are sold by said officer on payment of the actual costs and charges of such removal and other incurred expenses.
(M.C. § 59; Code 1965, § 4200; Code 2002, § 90-31. Ord. No. 235; Ord. No. 809; Ord. No. 818)
12.10.020 Boxes, barrels, etc., on sidewalks.
No person shall place or cause to be placed anywhere upon any public street, way, or sidewalk, and no person owning and occupying or having the control of any premises in the city shall suffer to remain in front thereof upon the sidewalk or portion of the street or way next to such premises, any boxes, bales, barrels, wood, lumber, goods, wares, and merchandise, or any other thing obstructing the free use or passage of such street, way, or sidewalk. Provided, however, that goods, wares, and merchandise in transit may be allowed on the outer three feet of the sidewalk for a period not exceeding six hours.
(M.C. § 54; Code 1965, § 4202; Code 2002, § 90-32. Ord. No. 809)
12.10.030 Building materials or machinery on streets and sidewalks--Permit.
(a) Required. No person shall place or cause to be placed on any street, sidewalk, or public place any material, machinery, or apparatus for building, paving, or other purposes and allow the same to remain there for 24 hours without a permit from the Director of Public Works or such other officer as may be designated by the City Council.
(b) Permit provisions. The permit shall specify the portion of the street or sidewalk to be used and the period of such use, which period shall not be longer than may be reasonably necessary and may be extended only in case of necessity.
(c) Permittee fee. The permit shall be granted to the owner of the lot or to the builder or contractor who wishes to use the space, upon depositing with the Director of Public Works, or other officer, as the case may be, a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services as a guarantee to the city that the permittee will remove or cause to be removed all dirt, debris, and materials of any kind from the street to the satisfaction of said officer, immediately upon the completion of the proposed work or at such time prior thereto when, in the judgment of the officer, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that he will repair all damage done to the street, gutter, curb, or sidewalk.
(d) Default and forfeiture of deposit. Upon the failure or negligence of the permittee to remove or cause to be removed, to the satisfaction of said officer, such dirt, debris, or materials as aforesaid within two days after being notified so to do by the officer, the money so deposited as a guarantee, or so much thereof as may be necessary, shall be used by the officer in removing such dirt, debris, or materials, and the balance, if any returned, to the permittee.
(M.C. § 52; Code 1965, § 4204; Code 2002, § 90-33. Ord. No. 17; Ord. No. 687; Ord. No. 809; Ord. No. 818)
Cross references: Buildings and building regulations, Ch. 14.
12.10.040 Same--Rules governing placement.
Every permittee referred to in section 12.10.030(c) shall obey every lawful direction of the Street Superintendent, or other officer as therein mentioned, as to such building material, whether contained in said permit or made after issuance thereof, and shall comply with the following rules:
(1) Area for occupation. Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which the permit is issued. During the progress of building operations, at least six feet of the sidewalk pavement covered by said permit shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians;
(2) Temporary walkways. Whenever the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width, with substantial railings, shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk;
(3) Protective railing. If there are excavations on either side of the sidewalk, said sidewalk must be protected by substantial railings not less than 2 1/2 feet high from the floor of the walk. The railings are to be maintained so long as such excavations and depressions must be barricaded;
(4) Barricades required. All approaches to excavations and depressions must be barricaded;
(5) Director of Public Works to regulate. In all cases, such temporary sidewalks, railings, and approaches shall be made as regards ease of approach, strength, and safety to the satisfaction of the Director of Public Works or said other officer;
(6) Waterways and gutters to be kept clear. All gutters and waterways must be bridged over and kept clear of obstructions to the free passage of water;
(7) Fire hydrants to be kept clear. Material or other obstructions must not be placed within 12 feet of any hydrant used for fire purposes;
(8) Warning lights. Warning lights of a type approved by the Director of Public Works must be displayed and maintained at each end of every pile of material or other obstructions in the street and at each and every excavation from 6:00 p.m. to 6:00 a.m.;
(9) Removal of excavated earth. Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks, roadways, or streets and must be removed from day to day as rapidly as produced. When dry rubbish apt to produce dust is being handled, it must be wetted down so as to prevent its being blown about by the wind;
(10) Temporary fencing. Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction, the fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter;
(11) Street occupation limited. The occupation of the street for the storage of building materials shall never exceed, in front of any one building, one-third of the roadway of the same.
(M.C. § 52; Code 1965, § 4205; Code 2002, § 90-34. Ord. No. 687; Ord. No. 809; Ord. No. 818)
12.10.050 Wooden awnings.
No person shall erect or repair any wooden awnings which shall project over any sidewalk or portion of a sidewalk or street. Every person owning, occupying, or controlling any building in front of which a wooden awning which is unsafe, in a dangerous condition, or an obstruction to the street, or portion thereof, projects over the sidewalk or portion of the street, shall cause the same to be removed within five days after being notified so to do by the Director of Public Works or other officer as may be designated by the City Council.
(M.C. § 57; Code 1965, § 4207; Code 2002, § 90-35. Ord. No. 235; Ord. No. 818)
12.10.060 Height of awnings and other projections.
No person shall construct an awning or any other projection or suffer the same to remain at an altitude of less than seven feet over any sidewalk in front of premises owned, occupied, or controlled by him.
(M.C. § 57; Code 1965, § 4208; Code 2002, § 90-36. Ord. No. 235; Ord. No. 809)
12.10.070 Red lights on sewer trenches.
All contractors and other persons making any trench on any street for the purpose of laying or repairing a sewer, or otherwise, shall, at night, keep signal lights of a type approved by the Director of Public Works at every 30 feet along the trench, throughout the entire night, and must take all other necessary precautions to guard against all accidents and dangers.
(M.C. § 81; Code 1965, § 4209; Code 2002, § 90-37. Ord. No. 687; Ord. No. 809; Ord. No. 818)