CHAPTER 9.16:
STREETS AND SIDEWALKS
Section
Excavations and Construction
9.16.010 Opening permit required
9.16.020 Application and cash deposit
9.16.030 Restoration of pavement
9.16.040 Barriers around excavations
9.16.060 Sidewalk construction
Obstructions
9.16.200 Unloading on street or sidewalk
9.16.210 Street and sidewalk obstruction
9.16.220 Materials on street or sidewalk
EXCAVATIONS AND CONSTRUCTION
9.16.010 OPENING PERMIT REQUIRED.
It shall be unlawful for any person, other than an authorized city official, to make any opening in any street, alley, sidewalk, or public way of the city unless a permit to make the opening has been obtained prior to commencement of the work.
Penalty, see § 1.04.999
9.16.020 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the authorized city official. Application shall be made on a form prescribed by the Common Council, giving the exact location of the proposed opening, the kind of paving, the area and depth to be excavated, and such other facts as may be provided for. The permit shall be issued only after a cash deposit sufficient to cover the cost of restoration has been posted with the authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
9.16.030 RESTORATION OF PAVEMENT.
(A) The opening and restoration of a pavement or other surface shall be performed under the direction and to the satisfaction of the authorized city official, and in accordance with rules, regulations, and specifications approved by the Common Council.
(B) Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 9.16.020 shall be forfeited. Thereupon the deposit shall be paid into the appropriate city fund, except such part demanded and paid to the permittee as the difference between the deposit and the charges of the city for restoration services performed by it. If the amount of such services performed by the city should exceed the amount of the deposit, the Clerk-Treasurer or other proper administrative officer shall proceed to collect the remainder due from the permittee.
9.16.040 BARRIERS AROUND EXCAVATIONS.
Any person engaged in or employing others in excavating or opening any street, sidewalk, alley, or other public way shall have the excavation or opening fully barricaded at all times to prevent injury to persons or animals.
Penalty, see § 1.04.999
9.16.050 WARNING LIGHTS.
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall install and maintain at least two illuminated red lamps which shall be securely and conspicuously posted on, at, or near each end of the obstruction or excavation, and if the space involved exceeds 50 feet in extent, at least one additional lamp for each added 50 feet or portion thereof excavated or obstructed.
Penalty, see § 1.04.999
9.16.060 SIDEWALK CONSTRUCTION.
It shall be the duty of the authorized city official to supervise construction or repair of sidewalks within the city. He shall cause specifications to be prepared for the construction of the various kinds of pavements and transmit the specifications to the Common Council for approval. When the specifications are approved, the Common Council shall advertise for proposals to do all the work which may be ordered by the city in construction and repair of sidewalks, and shall authorize the Mayor to contract therefor, for a period not exceeding one year, with the lowest responsible bidder, who shall for the faithful performance of the work. The Mayor, if authorized by Common Council, may make separate contracts for the different kinds of work with different parties.
9.16.070 SIDEWALK MAINTENANCE.
(A) The owner of any dwelling, building, subdivided lot or multiple properties shall be responsible for maintaining in good condition and repair the sidewalk in front of, alongside, and/or behind the property of the owner.
The owner of property shall not allow a sidewalk on the property of the owner to become unsafe or to be placed in disrepair as a result of cracking, settling, or other deterioration. An unsafe sidewalk is defined as a section of sidewalk that is settled or pushed up so as to be uneven, or cracked or chipped, which circumstance creates the hazard of tripping or falling.
If the Board of Public Works and Safety or their designee determines that the owner of the property has allowed the sidewalk to become unsafe or to be in disrepair, the Board of Public Works and Safety or their designees shall notify the owner, in writing, that the owner shall have 30 days in which to correct the unsafe condition or place the property in good order and repair. In the event the property owner fails to correct the unsafe condition or fails to place the property in good order and repair within 30 days of the notice from the Board of Public Works and Safety or their designee, or any extended time therefor allowed by the Board of Public Works and Safety or their designee, the owner shall be liable for a fine in the amount of $100 per day for each day following expiration of the 30-day period, or the extended period, that the unsafe condition or disrepair continues.
An unsafe sidewalk or a sidewalk in disrepair shall be deemed a public nuisance, and the City shall have the right to bring an action in a court of competent jurisdiction against the owner for the abatement of the public nuisance and for all other equitable and legal relief.
(B) Sidewalk replacement programs. Sidewalk replacement programs may change from time to time at the discretion of the Common Council or the Mayor of the City of Southport. The replacement programs can be found as Addendum No. 1 to the ordinance codified in this section.
All sidewalks are to be constructed in compliance with City standards. (Ord. 5.04.012, passed 2-19-2007)
OBSTRUCTIONS
9.16.200 UNLOADING ON STREET OR SIDEWALK.
No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk, or other public way, without first placing some sufficient protection over the pavement.
Penalty, see § 1.04.999
9.16.210 STREET AND SIDEWALK OBSTRUCTION.
No person shall obstruct any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.
Penalty, see § 1.04.999
9.16.220 MATERIALS ON STREET OR SIDEWALK.
No person shall encumber any street or sidewalk. No owner, occupant, or person having the care of any building or lot of land, bordering on any street or sidewalk, shall permit it to be encumbered with barrels, boxes, cans, articles, or substances of any kind, so as to interfere with the free and unobstructed use thereof.
Penalty, see § 1.04.999