CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 2. Pavement, Curbs and Street Regulations

It shall be unlawful for any person to cut pavements, curbs or sidewalks or remove the same or make excavation in the streets, alleys or public ways of the city for any purpose without first applying for and receiving a permit from the city inspector.

(Code 1975 17-201; Code 2010)

Any person desiring to obtain a permit for the purposes of section 13-201 of this article shall make an application to the city inspector describing the work to be done and the location thereof. Upon approval by the city inspector, the city clerk shall issue a permit to the applicant and shall supply the applicant with a copy of the specifications established, if any, for the doing of such work.

(Code 1975, 17-202; Code 2010)

All curbs, pavements, sidewalks or excavations in streets, alleys or public ways are to be cut or removed, or cut and replaced at the expense of the person holding the permit for such work, the same to be done in accordance with the specifications, if any, furnished by the city engineer.

(Code 1975, 17-203; Code 2010)

When the condition of the sidewalk or pavement, in the opinion of the city engineer, requires it, the pavement or sidewalk shall be cut by the use of a concrete saw; provided, that the city may supply such cutting equipment with an operator at a fee sufficient to pay the reasonable cost of labor and replacement of the equipment.

(Code 1975, 17-204)

The sums hereinbefore required to be paid to the city shall be used for the replacement of the surface of paved or improved streets, alleys or sidewalks in accordance with the plans and specifications of the city therefor. All such work shall be done by employees of the city under the direction of the street superintendent; provided, that the street superintendent may require that contractors shall backfill, with well tamped material, all excavations in dirt, gravel, sealed earth and sidewalk locations and if the same is not done to the reasonable satisfaction of the street superintendent, the completion may be done by the city and the cost of the same shall be paid by the contractors.

(Code 1975, 17-205)

It shall be unlawful for any person to make any excavation in any street, alley, sidewalk or public way of the city without a permit thereof or to leave any excavation, building material, vehicle, stones, bricks, other materials or obstructions in or on any street, alley, sidewalk or public way in the city during the course of any work, unless the same be protected by barricades at all times or in the nighttime unless the excavation, building materials or obstruction is guarded with red lanterns or flares, sufficient in number and so located as to guard and warn vehicles and passers-by of the extent and danger of such excavation or obstruction. Such lights shall be illuminated before dark and left burning during the nighttime; provided, that it shall be the duty of any officer or any employee of the city having charge of any of the foregoing work, to place suitable warning signs and barricades to guard the public against injury and in the nighttime to keep and maintain a sufficient number of warning lights as in the case of other persons provided further, that the street superintendent is authorized to direct the placing any barricade, warning sign or lights herein required, and he or she may, if the public safety requires it, during the progress of any such work, close off the public street or sidewalk or any portion thereof to prevent public use of the same; provided further, that any person holding a permit to cut streets or sidewalks shall not be released from any obligation to barricade, light and otherwise guard or warn vehicles or passers-by of the extent and danger of the excavation until 24 hours after notification has been given to the street superintendent, Sundays and holiday excepted, that the excavation is ready for backfill and/or surface replacement.

(Code 1975, 17-206)

It shall be the duty of the city engineer to prepare suitable plans and specifications for the cutting and removal of curbs when it is desired to construct any driveway entrance to any private premises or lots used in the city for parking purposes. It shall be the duty of any person having a permit for the removal of curbs to construct or reconstruct any entrance or sidewalk constituting part of such entrance in accordance with the plans and specifications therefor. No such entrance shall block or impede the free flow of water along the gutter or drainage ditch and no such entrance shall be constructed above the grade level or drainage course.

(Code 1975, 17-207)

Whenever the owner of real property shall abandon the use of a driveway entrance for which there is an opening or cut in the curb, it shall be the duty of the owner of such real estate, at his or her own expense, to cause the opening or cut in the curb to be closed; provided, that he or she must first apply for and secure a permit for such work in the same manner as a permit is secured under section 13-202 of this article; the work shall be done in accordance with the specifications, if any, furnished by the city engineer.

(Code 1975, 17-208; Code 2010)

When it shall be impracticable to open, construct or maintain an entrance across any drainage ditch or drain under the foregoing section, such places may be bridged by culverts at driveway entrances. Such culverts or bridges shall comply with the plans and specifications of the city engineer. All such culverts shall be of sufficient capacity as not to interfere with the drainage, and the same shall be subject to approval by the city engineer or street superintendent. The abutting lot owners shall pay the cost of all such culverts in the manner provided by law.

(Code 1975, 17-209)

It shall be unlawful for any person to place in or fill with concrete, dirt, planks, stones, snow, ice or other materials any drainage ditch, or to bridge any gutter except as provided in the foregoing section, or in any manner change the course of any drainage ditch or obstruct any open drain in the city.

(Code 1975, 17-210)

Nothing in this article shall be co construed as to prohibit the backfill of excavations, repair and replacement of surfaces by contractors in the performance of street sewer and waterline and other improvement projects under the direction of the city engineer.

(Code 1975, 17-211)