ARTICLE II. STREETS
DIVISION 1. GENERALLY
102-26—102-35 Reserved.
DIVISION 2. GRADES
102-36 Street grades established.
The administrator of the building and safety engineering division is authorized to require the establishment of street and sidewalk grades in any location in the city where, in his opinion, such established grade is needed before the issuance of any building permit.
(Code 1985, § 23-67)
102-37 Approval; record.
All grades for streets and sidewalks shall be established by the city engineer. The grade so established shall be filed in a permanent record in the engineering department.
(Code 1985, § 23-68)
102-38 Establishment of grades; restrictions.
(a) Whenever the administrator of the building and safety engineering division deems it necessary and advisable to establish street and sidewalk grades in any location, he shall make his request in writing to the city engineer. The engineering division shall promptly proceed to establish such grades and make them available to the administrator by written report in accordance with the provisions of article III of this chapter.
(b) Whenever a determination of grade has been requested, no building permit shall be issued until such grade is established.
(c) No person shall construct any dwelling or building on any property in the city abutting on any public street before the street grade is determined.
(Code 1985, § 23-69)
102-39—102-50 Reserved.
DIVISION 3. OBSTRUCTIONS
102-51 Obstructing street, sidewalk or public place prohibited; exceptions.
(a) No person shall obstruct or encumber any public street, alley, sidewalk, public right-of-way, or other public place in the city with any article or thing.
(b) No person shall deposit any litter, debris, refuse, garbage, or other material on any public street, alley, sidewalk, public right-of-way, or other public place in the city.
(c) This section shall not apply to any encumbrance or obstruction authorized by the postal laws of the United States, or to any temporary obstruction during construction that may be permitted pursuant to the terms of this division, or to any garbage, rubbish or refuse placed in the right-of-way for collection by the city in accordance with the provisions of chapter 94 and the schedules and regulations thereunder, or to any garbage, rubbish or refuse placed in the right-of-way for collection by a private commercial collector of refuse, if it is placed in the right-of-way for collection in accordance with the Code provisions and regulations referred to in this section.
(Code 1985, § 23-26)
102-52 Displaying goods on street or sidewalk.
(a) No person not having a permit to do so shall display, exhibit or keep for sale on the public sidewalk or in the street in front of any store or building in the city any goods, wares or merchandise of any kind whatever. In any case, no person shall completely block a public sidewalk with items offered for sale, but shall keep an area open for the passage of pedestrians.
(b) This section shall not be construed to prevent the moving of goods, wares and merchandise through any street or across any sidewalk in the way of trade.
(Code 1985, § 23-27)
102-53 Unlawful assemblies; obstructing free passage.
(a) No person shall collect, assemble or group together with any other person and after being so collected, assembled or grouped together stand or remain on any sidewalk, parking or any street corner, or at any other place in the city, to the hindrance or obstruction to free passage of any person passing on or along any sidewalk, street or other public place in the city.
(b) No person shall by any means whatever cause a crowd to assemble in front of any store or on any sidewalk, street, alley or other public place so as to obstruct or encumber travel thereon or create any noise, disturbance or riot in which the peace and good order of the neighborhood are disturbed.
(Code 1985, § 23-28)
102-54 Permit for temporary obstructions; barricades and lighting.
(a) In any case where the temporary obstruction of any street, sidewalk or other right-of-way is necessary due to construction on the adjacent property, the property owner or representative of the owner shall apply to the department of public works of the city for a permit for temporary obstruction of the right-of-way. The application for such a permit shall describe the nature, location and dimensions of the obstruction and the length of time that the obstruction will need to be in place.
(b) A permit for the temporary obstruction of any street, sidewalk or other right-of-way shall be considered and approved or denied by the director of the department of public works and services or his designee. The permit will be granted for a specific period of time, but may be extended for good cause by the director or his designee upon application for an extension and for good cause shown. In considering the approval or denial of any such permit, the director or his designee shall consider:
(1) Whether or not the obstruction is necessary to conduct a construction project;
(2) The degree of danger or inconvenience to the public that may be caused by the obstruction;
(3) The extent to which the danger and inconvenience will be minimized by barricades, lights or other safety measures; and
(4) Any other standard generally applicable to the approval or denial of licenses or permits pursuant to this Code.
(c) Any permit for an obstruction of a public right-of-way under this section shall be issued only after submission to the city by the applicant of an agreement indemnifying the city from any and all liability or claim for damages against the city or any affiliated agency, official, employee or agent of the city arising from the existence of the obstruction in the right-of-way, in a form acceptable to the city attorney, and the provision of insurance in the name of the applicant and the city, its affiliated agencies, officials, employees or agents, covering any liability or claim for damages arising or alleged to arise from the existence of the obstruction, such insurance policies to be issued by insurance companies, and in form and amount, approved by the city attorney and the risk management division of the city. The indemnification agreement may be part of the permit application.
(d) Permits for temporary obstructions issued under this section shall describe the nature, location and duration of the obstruction permitted, and it shall be a violation of the Code, for which the applicant shall be liable, if the obstruction exceeds the size permitted, or deviates from the location permitted, or exceeds the time permitted or any extension thereof. Such violation may be the basis for the revocation of the permit by the director of public works and services or his designee.
(e) Any applicant who is aggrieved by a decision of the director of public works and services or his designee on an application for a permit for the temporary obstruction of a street, sidewalk or other right-of-way may appeal the decision to the city council. The city council shall hold a hearing on the appeal; consider any evidence presented by the applicant, the city administration, or the public; apply the same standards to the approval or denial of the permit as are provided in this division for the director of public works and services or his designee; and may affirm, reverse or modify the decision of the director or his designee. The decision of the city council on the approval or denial of the permit shall be the final decision on the part of the city.
(f) Any obstruction of a public street or other right-of-way shall be protected with a good and sufficient fence, railing or barrier around such obstruction to prevent accident. Whenever necessary for the protection of public safety, the barrier shall be lighted with amber lights during periods of darkness. The fence or other barrier and lights shall be the responsibility of the applicant for the permit for the temporary obstruction.
(g) A fee shall be charged for the permit for temporary obstruction of a street or other right-of-way, which shall be in the amount set by the city council by resolution. In addition to the fee, the applicant shall be required to submit a cash deposit to the city in an amount set by the director of the department of public works and services of the city or his designee. The deposit shall be for the purpose of assuring that the applicant complies with the limitations of the permit and that the obstruction is properly fenced or barricaded and lighted in order to protect the public. If the applicant fails to properly fence, barricade or light the obstruction to preserve public safety, the city shall be authorized to do so. After the temporary obstruction is removed, the applicant shall be entitled to the return of the deposit, except for:
(1) Any costs incurred by the city for removal of any debris or obstruction not authorized by the permit;
(2) Any damages or costs incurred by the city as a result of the obstruction not being properly fenced, barricaded or lighted; or
(3) The cost to the city of providing fencing, barricading or lighting to an obstruction when the applicant fails to do so.
(Code 1985, § 23-29)
102-55 Removal of unauthorized obstructions or debris; closing of streets or rights-of-way.
(a) In any case where a street, alley, sidewalk or other public right-of-way is obstructed to any extent by any object or encumbrance not permitted pursuant to the terms of this Code or not permitted by a permit issued under this division, the director of the department of public works and services or his designee shall issue a written notice to the person responsible therefor, which notice shall require the removal of the obstruction or debris within the time set forth therein, in accordance with subsection (b) of this section. The notice shall state that if the obstruction or debris is not removed within the time required in the notice by the responsible party, then it will be removed by the city at the expense of the responsible party.
(b) The notice referred to in this section shall be delivered to the responsible party by personal delivery or by regular mail, mailed to the address of the responsible party. If the address of the responsible party is not otherwise known, the address for the responsible party as shown on the records of the city assessor shall be used for the notice. If the notice is delivered by personal delivery, it shall require the removal of the obstruction or debris within 48 hours after delivery of the notice. If the notice is sent by mail, it shall require the removal of the obstruction or debris within five days after the day the notice is mailed.
(c) The responsible party for any obstruction, encumbrance or debris for which a notice is issued pursuant to this division shall be any person who placed the obstruction, encumbrance or debris in the public right-of-way, or under whose direction other persons placed the obstruction, encumbrance or debris in the public right-of-way. In the absence of direct evidence that some other person is the responsible party, the owner or person in possession and control of the property nearest the obstruction, encumbrance or debris shall be presumed to be the responsible party, which presumption shall be rebuttable.
(d) If after issuance of the notice provided for in this section, the obstruction, encumbrance or debris is not removed within the period provided for in the notice, the department of public works and services shall remove the obstruction, encumbrance or debris and shall keep a record of the full cost of removal, which cost shall be billed to the responsible party.
(e) In any case in which the obstruction of a street, alley, sidewalk, or other public right-of-way creates a serious and immediate hazard to the public which might result in accident or injury if not immediately corrected, the department of public works and services shall be authorized to abate the danger by removal of the obstruction without the issuance of the written notice provided for in this section. In such case, the responsible party shall be liable for the cost of removal as provided for in this section.
(f) The responsible party as provided by this section shall be liable to the city for the full cost of the removal of the obstruction or encumbrance. If the responsible party fails to pay the cost when billed, and the responsible party owns real property adjacent to the street or right-of-way in question, the amount may be assessed as a special assessment against such real property in accordance with the procedure for special assessment in this Code.
(g) The director of public works and services may close any street, lane, alley or other public place or any portion thereof whenever such public way is obstructed or encumbered with stone, brick, timber, lumber, rubbish or other material or whenever there may be any excavation or embankment in the same or whenever the same is under process of construction, improvement or repair, or upon which is located any bridge which is being constructed or repaired.
(h) No street, lane, alley or other public place shall be deemed to be closed under the provisions of this section until suitable barriers have been erected at suitable places as provided in this Code. No person shall willfully enter upon the closed portion of any street, lane, alley or public place.
(Code 1985, § 23-30; Ord. No. 2254, § 1, 4-17-12)
102-56 Damaging or removing barricades prohibited.
(a) No person shall willfully remove, displace or destroy any fence, railing or barrier placed around any obstruction or embankment within the limit of any street, lane, alley, right-of-way or public place in the city.
(b) No person shall remove, obliterate or deface any sign or mark, or extinguish or remove any light, placed or maintained as provided in this division, except by permission of the proper officials.
(Code 1985, § 23-31)
102-57—102-65 Reserved.
DIVISION 4. VACATION
102-66 Initiation of vacation procedure.
Proceedings to vacate any street, alley or other public right-of-way or easement in the city may be commenced by the mayor on behalf of the city, or by any property owner whose property is contiguous to any portion of the right-of-way or easement proposed for vacation, by filing a petition therefor with the planning division of the department of community development. In the case of a petition by a property owner, a nonrefundable fee shall be paid at the time of the filing of the petition, which fee shall be in an amount which shall be set from time to time by resolution of the city council.
(Code 1985, § 23-121)
102-67 Contents of petition.
The petition to vacate shall contain at least the following:
(1) The name, address and telephone number of the petitioner, and in the case of a property owner, the description of the contiguous property owned and the nature of the petitioner’s ownership. A copy of the property owner’s deed or other evidence of ownership shall be attached to the petition, if requested by the planning division.
(2) A specific legal description of the right-of-way proposed to be vacated.
(3) A concise statement of the reason or reasons offered by the petitioner in support of the action requested.
(4) Any other relevant information which the petitioner wishes to include.
(Code 1985, § 23-122)
102-68 Hearing and action by the planning commission.
(a) After receipt of a complete petition for vacation, a hearing shall be scheduled thereon before the planning commission as soon as practicable. Notice of such hearing shall be given by publication at least once in a newspaper circulating in the city, at least 15 days prior to the hearing, and by mailing a notice of such hearing by regular mail at least 15 days prior to the hearing to all property owners whose property adjoins the right-of-way proposed for vacation, and to each public utility having facilities in the area of the right-of-way. The notice in each case shall describe the right-of-way or easement in question, and the portion thereof proposed for vacation, and state the time, date and place of the planning commission hearing. All notices mailed to property owners pursuant to this section shall be sufficient if mailed to the entity whose name appears on the then current records of the city assessor as the owner of the parcel in question, and to the address appearing on such current assessor’s records, and no entity shall be entitled to notice by mail whose name and address does not appear on such assessor’s roll.
(b) The planning division of the department of community development may present a report and recommendation on the proposed vacation to the planning commission at the time of the public hearing thereon.
(c) At the hearing on the proposed vacation before the planning commission, any interested party shall be entitled to speak and present a position on the proposed vacation, and/or present witnesses to present any and all relevant evidence thereon, and the commission shall further receive all written communications as to the proposal. The planning commission shall be authorized to adopt rules as to the conduct of its hearings and the presentation of evidence, which shall be applicable to such hearings.
(d) After the hearing under this section, the planning commission shall adopt by resolution its recommendation on the petition to the city council. The planning commission’s recommendation may be that:
(1) The petition be denied;
(2) The petition be granted;
(3) The petition be granted but that easements be reserved in the vacated right-of-way for public utility purposes; or
(4) Some other appropriate action be taken.
The commission shall set forth its reasons for its recommendation in its resolution, which reasons shall be based upon the standards set forth in this division, to the extent the standards are applicable to the case in question.
(Code 1985, § 23-123)
102-69 City council action.
(a) As soon as practicable after the planning commission’s action, the mayor shall place the petition for vacation on the agenda for city council action. The director of the department of community development or his designee, or in the absence thereof the designee of the mayor, shall report to the city council on the hearing before the planning commission and the recommendation of the planning commission.
(b) The city council is not required to hold a public hearing on the petition, but may direct that a public hearing be scheduled, and, in such case, shall provide for the notice to be given of such hearing.
(c) The city council may by resolution grant or deny the petition, or may take any other appropriate action on the petition. If the petition for vacation is granted, the city council may in its resolution provide that easements be reserved in the vacated right-of-way for public utility purposes. The resolution shall set forth the reasons for the council’s decision, by reference to those standards set forth in this division that may be applicable to the case.
(d) If the city council’s action is to vacate the right-of-way, the city clerk or his representative shall record a certified copy of the resolution with the county register of deeds, and send a copy of the resolution to the state treasurer.
(Code 1985, § 23-124)
102-70 Standards and criteria.
In making its recommendation on any petition for vacation of a right-of-way or easement, the planning commission shall consider, and in making its decision on a petition for vacation, the city council shall consider, any or all of the following standards and criteria, if and to the extent that such standards apply to the particular case:
(1) Whether the street, alley or other public right-of-way or easement is actually necessary for access to any parcel of property, or to provide any necessary service to any parcel of property.
(2) Whether the vacation of the right-of-way or easement would make access to properties, or travel from one location or another, substantially more difficult, time consuming or inconvenient, or whether the vacation would have no substantial effect on access, convenience of travel, or traffic patterns.
(3) Whether the vacation of the street, alley or other public right-of-way will be substantially detrimental to, or will substantially increase, the value and/or utility of adjacent or nearby properties.
(4) Whether the use of the street, alley or other right-of-way, as a result of the generation of noise, dust, or for any other reason, is detrimental or disturbing to the use or occupancy of nearby properties.
(5) Whether other existing streets, alleys or rights-of-way provide sufficient access to all parcels of property that may be served by the right-of-way proposed for vacation.
(6) Whether or not the street, alley or other right-of-way has ever been improved by the city or by any other entity.
(7) Whether the subject right-of-way is necessary to provide access to police, fire or other public safety services.
(8) Whether it is anticipated that the subject right-of-way will be needed for future public uses.
(9) Any other relevant standard or standards that may be adopted by the planning commission or city council. Such standards may be adopted in written form to be applied to future cases where applicable, or may be adopted for application to a particular case then before the body.
(Code 1985, § 23-125)