Cross-reference:
(A) Definitions. For the purpose of this section, the following mean:
(1) City. The City of Hermiston.
(2) Person. Individual, corporation, association, firm, partnership, joint stock company and similar entities.
(3) Public Rights-of-Way. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
(4) Within the City. Territory over which the city now has or acquires jurisdiction for the exercise of its powers.
(B) Jurisdiction. The City of Hermiston has control over all public rights-of-way within the city under the authority of the city charter and state law.
(C) Scope of regulatory control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
(D) City permission requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits.
(E) Obligations of the city. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way and does not obligate the city to maintain or repair any part of the right-of-way.
(Ord. 1923, passed 2-10-97)
(A) It shall be the duty of every owner of any lot or part thereof or parcels of land fronting any of the public streets of the city where sidewalks have been constructed abutting the lots or parcels of land to keep sidewalks in good repair, and in a safe and sound condition for the travel of the public, and to keep sidewalks clear of sand, weeds or other obstructions.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of any negligence of owner in failing to maintain the sidewalk in good condition.
(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(B) If the owner of any lot or part thereof or parcel of land shall suffer any sidewalk along the same to become out of repair, it shall be the duty of the City Engineer to post a notice of repair on the adjacent property headed “Notice to Repair Sidewalk” in letters not less than one inch in length and the notice shall, in legible characters, direct the owner, agent or occupant of the property immediately to repair the same in good and substantial manner, and the City Engineer shall file with the Finance Director/Recorder an affidavit of the posting of the notice stating the date when and the place where the same was posted.
(C) It shall be the duty of the owner, agent or occupant immediately after the posting of the notice and before making repair to obtain from the City Engineer a permit so to do which shall prescribe the kind of repairs to be made, the material to be used and specifications therefor; and the owner, agent or occupant shall make repairs within 20 days from the posting of the notice. If the owner, agent or occupant of any lot or part thereof or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the Council may authorize the City Engineer to make the same, the City Engineer to keep an accurate account of the cost of labor and materials in making the repairs in front of each lot or part thereof or parcel of land fronting on the sidewalk upon which repairs are made.
(D) The Council shall, at the first regular meeting in the month of September of each year, examine the reports upon sidewalk repairs field by the City Engineer in the office of the Finance Director/Recorder during the preceding year, and by ordinance assess upon each of the lots or parts thereof or parcels of land fronting upon sidewalks which have been so repaired, the cost of making repairs and 10% additional to defray the cost of notice, engineering and supervision. In each case all assessments may be combined in one assessment roll and the same shall be entered on the docket of city liens and collected in the same manner as is provided for special assessments for street improvements.
(Ord. 56, passed 5-31-11; Am. Ord. 1100, passed 11-7-77)
(A) Planting trees in public place. No trees or shrubs shall be planted in, or removed from, any public parking strip or other public place in the city without permission from the City Manager or his duly authorized representative.
(B) Street tree plans.
(1) All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location to the street tree plan for the public place, street, or portion thereof.
(2) Street tree plans for streets or public places within the city shall be adopted by resolution of the City Council. These plans shall consist of maps of streets, blocks, or portions of streets and public places where the planting is permitted and shall by appropriate legends and symbols specify the species and location of the trees and shrubs which may be planted along each street or block or portion thereof or public place shown by the map thereof.
(3) In formulating and adopting street tree plans, the public safety in the use of streets, sidewalks, and public places, the protection and preservation of public improvements, and the beautification of public places shall be taken into consideration by the following means:
(a) Species of trees and shrubs shall be chosen with due regard to their size, appearance, rate, and manner of growth and other characteristics and to the size, nature, and construction and traffic volume on the street or other public place involved; and
(b) Regulations regarding location and setback of trees permitted in public parking strips and other public places shall be adopted with due regard to traffic visibility, utility lien clearance, and relative location of public paving and other facilities.
(C) Certain trees prohibited. No person shall plant in any public parking strip the following trees: poplar, Russian olive, Chinese elm, cottonwood, and certain locust. No person shall plant willow, cottonwood, or poplar trees anywhere in the city unless the City Manager or his duly authorized representative approves the site as one where the tree roots will not interfere with a public sewer.
(D) Trimming and pruning of trees. The City Manager or his duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any parking strip or other public place, or may require any property owner to trim, prune, or remove any trees, shrubs, plants, or vegetation in a parking strip abutting upon the owner's property; and failure to comply therewith, after 30 days' notice by the Finance Director/Recorder, shall be deemed a violation of this section.
(E) Trimming or removal of overhanging trees. If any tree or shrub, or part thereof, overhangs any public street or alley or sidewalk at a height of less than 14 feet above the street or alley surface or less than ten feet above the sidewalk or in any other way endangers or is likely to endanger the security or usefulness of any public street, sewer, or sidewalk, the same is hereby declared to be a public nuisance and may be abated as provided in §92.14.
(F) Right to appeal. Appeals from orders made under sections on trimming, pruning or removal may be made to the City Council.
(G) Damage to trees in public place prohibited. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or in any other public place, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contract with any tree, or allow any gaseous, liquid, or solid substance which is harmful to trees to come in contact with their roots or leaves.
(Ord. 696, passed 4-26-71) Penalty, see §94.99
(A) No person, firm or corporation shall cause, permit or allow any irrigation water or water used for domestic or other purposes to run upon or cross any of the streets of the city unless the same is confined in properly constructed flumes, ditches, pipelines or culverts and no ditches, flumes, pipelines or culverts for water shall be constructed in, upon or across any of the streets of the city until a permit therefor shall first be obtained from the Finance Director/Recorder of the city, and any ditch, flume, pipeline or culvert shall be constructed under the supervision of the City Engineer and of material as the Engineer may prescribe.
(B) It shall be the duty of every person who uses such ditch, flume, pipeline or culvert for the transmission of water, or whose land is served by water which passes through the ditch, flume, pipeline or culvert to keep the same in repair.
(Ord. 92, passed 7-5-17) Penalty, see § 94.99
For the purpose of §§94.05 through 94.10, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1976, passed 10-26-98)
It shall be unlawful for any person to ride or drive any animal or vehicle within any city park or upon, over, or across any sidewalk, except where a proper incline or crossing is provided for that purpose. This section does not apply to vehicles being used to maintain these areas or when specific permission has been granted by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person or persons to gather or to stand upon any sidewalk or street so as to prevent, interrupt or obstruct the travel or free passage over the same by the public, or to place or deposit any article which has the same effect. This section does not apply when specific permission has been granted by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person to use or occupy any portion of a street or sidewalk for the purpose of vending goods, services, wares or merchandise by public outcry or otherwise, except when granted specific permission by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person to keep or leave open any cellar door or grating of any kind in or upon any sidewalk except when the same is necessarily open during the immediate use thereof. During the time the opening shall be properly guarded and protected.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for the owner, lessee, occupant or person having control or custody of any premises or unimproved property to allow snow or ice to stand upon any sidewalks abutting upon the premises or property for a period longer than two hours after the snow or ice has ceased to fall thereon; provided, however, that if the snow is falling or the ice accumulating after the hour of 6:00 p.m., the same shall be removed within two hours after 7:00 a.m. on the next day.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
Cross-reference:
All streets shall be designated and all structures fronting on streets, except accessory structures, shall be numbered in accordance with this subchapter and the maps and plans on file in the office of the City Engineer.
(Ord. 556, passed 11-24-65; Am. Ord. passed - - ; Am. Ord. 1475, passed 7-25-83)
First Street and First Street extended to the south along the section lien shall be the north-south base line; Main Street east from First Street and Hermiston Avenue west, from First street shall constitute the east-west base lien for the establishment of quadrants, with each base line extended to the city limits.
(Ord. 556, passed 11-24-65)
(A) All streets running northerly and southerly shall be denominated by numbers, that is, First Street, and shall be designated as "streets".
(B) A street lying between numbered streets shall be denominated by number and designated “place", for example, First Place.
(C) All streets running in an easterly and westerly direction, with the exception of Main Street, shall be named and designated “avenues.”
(D) Circular and semi-circular streets shall be designated as “drives.”
(Ord. 556, passed 11-24-65)
To indicate the general location of any street, it shall bear the prefix of the quadrant in which it is located, for example, “S.E. Third Street”; and for the same purpose, each avenue shall bear the prefix of the half in which it is located, for example, “East Hurlburt Avenue.”
(Ord. 556, passed 11-24-65)
A lot or structure fronting a street shall be numbered as follows:
(A) Even numbers shall be assigned lots and structures to the right of an observer facing out from the base lines and uneven numbers to the opposite side.
(B) Numbers shall be fixed by grids as established by the maps and plans on file in the office of the City Engineer. Whenever feasible, each grid section shall encompass a square block and each grid's length shall be allowed 100 numbers. Numbers shall run consecutively with a new 100, starting at each grid line.
(C) Owner of groups of dwelling units may place an assigned number upon the principal building or office of the group and use numbers or letters to designate each of the units as may be required.
(Ord. 556, passed 11-24-65)
In conformity with the provisions of this subchapter, the City Engineer shall assign numbers to all lots and structures now or hereafter to be constructed. A person who obtains a building permit for construction of a new building shall, at the time of receipt of the permit, obtain from the City Engineer the number for the building.
(Ord. 556, passed 11-24-65)
Numbers assigned shall be at least 3½ inches high including background and shall be of a nature and location as to be easily legible from the center line of the street, and shall be installed within 60 days from the date of issue of the number.
(Ord. 556, passed 11-24-65) Penalty, see § 94.99
Cross-reference:
This subchapter shall be known and may be cited as the Street Excavation Ordinance of the city.
(Ord. 1942, passed 11-10-97)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1942, passed 11-10-97)
(A) No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Manager. The written application shall state that the applicant agrees to comply with prescribed procedures for making and restoring cuts and to make the necessary payments for work performed by the city. The application, when approved and signed by the City Manager, shall constitute a permit. The permit fees shall be in amounts as established by resolution of the City Council. Fees shall be doubled if the start of construction occurs prior to application of the permit.
(B) One permit may cover more than one cut providing the following conditions are met:
(1) Cuts shall be within a 400-foot section of street.
(2) All work to all cuts is performed by the same contractor.
(3) Each cut is listed on the cut permit with a map showing the location and size.
(C) No permit shall be given to an applicant without information regarding the contractor performing the restoration of the city right-of-way. If more than one contractor is used to perform the cut restoration, or the contractor changes, a new cut permit shall be required.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the City Manager may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary.
(B) The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If an excavation is made across a public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one half of the sidewalk width shall be maintained along the sidewalk line.
(C) It shall be the duty of every person making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for safety according Oregon Department of Transportation specifications. Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, all in accordance with Oregon Department of Transportation specifications. The permittee shall notify the city when the public street is again usable to traffic. He shall see that all barriers are removed at this time so that normal traffic routing can proceed. Barriers shall meet Oregon Department of Transportation specifications.
(D) Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Electrical markers or flashers shall emit a light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting materials may be used to supplement, but not replace, light sources.
(E) The permit for a street excavation may require that the permittee give notification to various public agencies and to the general public. In such case, the permit shall not be valid until the notice is given.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
The permittee shall not interfere with any existing city-owned utility without the written consent of the City Manager. If it becomes necessary to relocate an existing city-owned utility, this shall be done by the city. No utility owned by the city shall be moved to accommodate the permittee unless the cost of the work be borne by the permittee.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersection street, an adequate waterway shall be provided and at all times maintained.
(B) The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for damage resulting from his failure to so provide.
(Ord. 1942, passed 11-10-97)
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Manager to so do. Permission to remove or disturb the monuments, reference points or bench marks shall only be granted upon condition that the person applying for the permission shall pay all expenses incident to the proper replacement of this monument by the city.
(Ord. 1942, passed 11-10-97)
The excavation work shall not interfere with access to vital structures.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
(A) The City Manager shall require cutting of pavement surfaces ahead of excavations in a manner as to confine pavement damage to the limits of the trench. Pavement wearing surface cuts shall be made with a sharp edged tool which will result in a smooth edge along the sides of the excavation.
(B) Sections of sidewalks shall be removed to the nearest score line or saw cut edge.
(C) Unstable pavement shall be removed over cave-outs and over-breakers, and the subgrade shall be treated as the main trench.
(D) Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(E) Cutouts outside of the trench lines must be normal or parallel to the trench line.
(F) Boring or other methods to prevent cutting of new pavement may be required by the City Manager.
(G) The permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that my be unstable, in which case the permittee shall remove and refill the area.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) No person shall, without written permission of the City Manager, install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a distance less than:
(1) Streets. Thirty inches below the established street or alley grade.
(2) Parkways.
(a) The minimum depth of any substructure shall be 24 inches below established street or alley grade when the substructure parallels the parkway.
(b) The minimum depth of any substructure shall be 24 inches below the top of the established sidewalk or curb when a substructure is at right angles to the parkway.
(3) Other public places. The minimum depth of any substructure in any other public place shall be 24 inches below the surface; provided, however, that the City Manager may permit a lesser depth in special cases.
(B) Nothing in this section shall impose a duty upon the permittee to maintain the specifications as required herein upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) Selected backfill material shall be placed in trenches containing pipe simultaneously on both sides of the pipe for the full width of the trench in layers about six inches in depth and tamped thoroughly with a pneumatic tamper. The entire depth of the trench shall be thoroughly compacted with selected material and by means of hand or mechanically operated tampers, in layers of approximately six inches and shall be brought to the required surface grade without damage to the pipe.
(B) In lieu of the backfilling procedure specified above, river run gravel or crushed rock or gravel may be used for backfilling that portion of the trench more than six inches above the top of the pipe, provided the maximum size of material shall not exceed four inches in diameter and shall be of uniform graduation with 20% or more passing a ¼-inch square screen, ¾”- 0 crushed rock shall be placed in the final 12 inches of the trench and compacted in six-inch lifts, to a smooth finished grade equal to the existing surface.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Each permittee shall conduct excavation work in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
The City Manager shall have inspections made as are reasonably necessary in the enforcement of this subchapter. The permittee shall notify the city prior to backfilling an excavation so that proper inspection may be made.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Every person owning, using, controlling or having an interest in substructures under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city shall file with the City Manager within 120 days after adoption of this chapter a map or set of maps each drawn to a scale of not less than one inch to 200 feet showing in detail the location, size, description and date of installation, if known, of all substructures, except service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of the person having any interest and shall file with the City Manager within 15 days after the first day of January of each and every year a corrected map or set of maps each drawn to the scale including all installations made during the previous year to and including the last day of the year provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 hours after having been notified to do so by the City Manager, the work may be done by the city and the cost thereof charged to the permittee.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Nothing in this subchapter shall be construed to prevent the making of the excavations as may be necessary for the preservation of life or property or for the location of trouble in a conduit or pipe or for making repairs provided that the person making the excavation shall apply to the City Manager for a permit on the first working day after the work is commenced.
(Ord. 1942, passed 11-10-97)
This subchapter shall not be construed as imposing upon the city or any official or employee any liability responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or by the approval of any excavation work.
(Ord. 1942, passed 11-10-97)
In order to conserve new paving and resurfacing of streets, pavement cuts are prohibited therein except for emergency repairs or upon payment of a penalty charge. The maximum period of time for which a penalty shall apply to a street shall be five years. The penalty shall be five times the cost of restoring the pavement surface during the first year, four times the restoration costs during the second year, three times the restoration costs during the third year, two times the restoration costs during the fourth year and equal to the restoration costs during the fifth year. This penalty fee shall be computed in addition to the normal resurfacing charge and shall be computed from the date at which the city accepted the newly paved surface. In order to avoid the necessity of these penalties, the city shall inform utilities and affected property owners before new paving or resurfacing is performed. Provided, however, this section shall not apply to any necessary reservicing of utility lines serving existing structures.
(Ord. 1942, passed 11-10-97)
Cross-reference:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 490, passed 8-23-63)
(A) It shall be unlawful for any person to cut, break out, or remove any curb along a street or alley without first obtaining a permit for a driveway approach, as hereinafter provided.
(B) It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extended, any driveway approach which can be used only as a parking space or area between the curb and private property.
(C) All permits granted for the use of public property under the terms of this sub-chapter shall be revocable at the will of the City Council.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Any person desiring to construct a driveway approach across any curbing, parking, sidewalk, or sidewalk space shall first make application to the City Engineer for a permit therefor. The application shall be in writing upon a form provided by the city, and made available at the office of the City Engineer. The application shall contain information showing type of construction, the width of the proposed driveway approach, the location of the driveway approach by lot and block number, as well as by street and house number, and other information as may be required by the City Engineer. The application shall be filed by the property owner desiring to construct the driveway approach or by his or her duly authorized agent.
(B) The permit shall be issued, at no charge, by the City Engineer if he has determined that the applicant has complied with the terms of this sub-chapter.
(Ord. 490, passed 8-23-63)
All work done under a permit issued in compliance with this subchapter shall be under the direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations, and specifications with respect to materials for and method of construction of driveway approaches. A permit issued under the provisions of this subchapter may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provision hereof.
(Ord. 490, passed 8-23-63)
In addition to the rules, regulations, and specifications promulgated by the City Engineer with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this subchapter.
(A) The outside of the driveway approach shall be a straight grade from the top of the curb to the grade of the outside sidewalk line.
(B) No curb cuts shall be made beyond any property line as projected except when consented to in writing by the adjoining property owner involved.
(C) The top of the paving of the driveway slab at the back of the curb line shall be 1e inches above the flow line of the gutter and shall slope in a straight line to the flow line of the gutter, and shall be constructed in a manner that will not interfere with or obstruct the drainage in the street.
(D) The owner and contractor shall protect the public from injury or damage during the construction of driveway approaches, and it is herein stipulated, as an essential condition of the issuance of a permit, that the city shall not be liable for damage which may arise from the prosecution of work.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Classification of driveway approaches.
(1) Driveway approaches shall be of two classes, namely, resident driveway approaches and business driveway approaches. Resident driveway approaches shall not exceed 20 feet in width at the outside sidewalk line, and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet.
(2) Business driveway approaches shall not exceed 35 feet in width at the outside sidewalk line, shall have at least one curb parking space between driveway approaches and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet. All business driveway approaches shall be paved.
(B) Width and location of driveway approaches. In addition to the width restrictions relative to driveway approaches set out in division (A) above, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with, to wit:
(1) Where the frontage of the parcel of land does not exceed 38 feet in width, there may be constructed only one driveway approach.
(2) Where the frontage of the parcel of land exceeds 38 feet in width, the curb cuts for driveway approaches shall not exceed 60% of the frontage of the parcel of land, provided however, that at least one curb parking space shall separate each driveway approach.
(3) No portion of a driveway approach except the curb return shall be constructed within 18 feet of a corner.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
Any plans submitted to the Building Inspector for approval which include or involve unusual driveway approaches or problems shall be referred by the Building Inspector to the City Engineer for his approval before a building permit shall be issued.
(Ord. 490, passed 8-23-63)
(A) Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property, and any driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by a street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this ordinance and the City Engineer or be removed. Upon the removal of any driveway approach, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(B) Whenever any driveway approach constructed under the provisions of this chapter no longer provides access for vehicles to something definite on private property, such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the entrance of vehicles, the driveway approach shall be removed forthwith, and that portion of the street occupied by the driveway approach shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
The City Engineer is hereby authorized to grant in writing variances from the strict application of the provisions of this chapter, provided he first determines that the following conditions are present:
(A) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation on the abutting property.
(B) The exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare.
(C) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.
(D) That the strict application of the terms of this subchapter will work unnecessary hardship on the property owner or tenant.
(Ord. 490, passed 8-23-63)
(A) The owner, agent or occupant of any lot or part or parcel of land abutting or fronting upon any sidewalk which is now or may hereafter be constructed upon any street of the city, who shall suffer or permit the accumulation of sand drifts or banks of dirt or the growth of weeds or the accumulation of filth and trash or other obstruction upon the sidewalk abutting upon his or her property commits a Class A violation.
(Ord. 56, passed 5-31-11; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B) Any person, firm, or corporation violating any provision of §94.03, or failing to comply therewith, commits a Class A violation.
(Ord. 696, passed 4-26-71; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(C) Any person who shall fail to make any repair required by §94.04 within five days after notified so to do by the Finance Director/Recorder commits a Class D violation.
(Ord. 92, passed 7-5-17; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(D) Offenses set forth in §§94.05 through 94.10 are Class A violations. Any person who shall attempt to commit any of the offenses mentioned in this division, but who for any reason is prevented from consummating the act, shall be guilty of an offense of attempt to commit as to that offense.
(Ord. 1976, passed 10-26-98; Am. Ord. 1976, passed 10-26-98)
(E) Any person, firm or corporation violating any of the provisions of §§94.20 through 94.26 commits a Class A violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punished.
(Ord. 556, passed 11-24-65; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(F) Anyone who violates a provision of §§94.35 through 94.51 commits a Class A violation. Every full business day during which a business activity continues to be conducted in violation of §§94.35 through 94.51 shall be considered a separate offense. Offenses under §§94.35 through 94.51 shall be heard by the Board of Appeals as a violation and not as a crime. As a violation, there is no right to jury trial or court-appointed counsel.
(Ord. 1942, passed 11-10-97; Am. Ord. 1976, passed 10-26-98)
(G) Any person violating any of the provisions of §§94.65 through 94.73, or causing, permitting, or suffering the same to be done, commits a Class A violation. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of §§94.65 through 94.73 is committed, continued or permitted. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or approval of, any violation of §§94.65 through 94.73.
(Ord. 490, passed 8-23-63; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)