Chapter 90 – Streets and Sidewalks

Chapter 90–Streets and Sidewalks

 

90.010.    Obstruction on street, when unlawful, penalty.  It shall be unlawful for any person to deposit or permit to remain on any highway, street, alley, sidewalk, parkway, tree lawn or public place except by street use permit, as herein provided, any building material or equipment, rubbish, coal, debris, dirt, materials of any kind, chattels or property which might obstruct the free use thereof or hinder traffic of persons or vehicles, provided that, if through necessity, an obstruction of the nature described is placed thereon, the person responsible shall be relieved of the penalties of this Section if he removes the same without unnecessary delay and if he places red lanterns or lights on and around said obstruction, lighted and placed in such manner and of such number as to be plainly visible in all directions, between the hours of sunset and sunrise while such obstruction so remains.  Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.

 

90.020.    Unlawful extent of obstruction, a misdemeanor.  It shall be unlawful for any person to obstruct or occupy with building materials or equipment, dirt piles, articles or materials of any kind calculated to prevent free passage or use by the public, more than one-half of any sidewalk or more than one-third of any public roadway, highway or alley, or to in any manner obstruct the free passage of water in any gutter, drain or alley with such materials or articles.  Any person who shall violate any provision of this Section shall be deemed guilty of a misdemeanor.

 

90.030.    Street use permit, when required.  Any person proposing to place any obstruction or obstructions upon a public way, as set out in the preceding sections, shall first secure a permit so to do from the city administrator and such person may be required, at the discretion of the City Council, to make a cash deposit with the city collector to insure that all such obstructions will be safeguarded as required by this Chapter and promptly removed.  Said deposit shall be in an amount not to exceed $500.00, and shall be refunded after full compliance herewith and conditions restored equal to that existing prior to the placing of the obstructions.

 

90.040.    Sidewalks to be kept clean, penalty.  The tenants or occupants of all premises occupied by them and the owners or agents of vacant lots owned by them or under their control shall keep the sidewalks in front of and adjoining the property owned, controlled or occupied by them swept and clear of paper, dirt, mud, filth, animal or vegetable matter or any substance or article.  After any fall of snow or sleet or formation of ice thereon, said owners, agents, occupants or tenants shall cause the same to be immediately removed from the sidewalk fronting or adjoining the property owned, managed or occupied by them.  Where buildings are occupied by more than one tenant, it shall be the duty of the person or persons, occupying the tenement, or tenements nearest the street to comply with the requirements of this Section.

Any person violating any provision of this Section shall be deemed guilty of a misdemeanor.

 

90.060.    Use of closed street a misdemeanor.  It shall be unlawful for any person to use any street or highway, or part thereof, which has been withdrawn from use by the public, or to drive or attempt to drive any vehicle thereon, or to remove or destroy any barricade, warning light or sign placed upon said street or highway or around or upon any obstruction or defect thereon as a protection or warning to the public.  Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.

 

 

90.070.    Damage to public property, misdemeanor.  It shall be unlawful for any person to injure or damage any sidewalk, curb, gutter, tree lawn, parkway, public place, tree, pole, light standard or fixture, sign, property or fire plug on any public street, highway or alley, by driving a vehicle upon, against or over, or by cutting, breaking or otherwise damaging the same.  Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor.

 

90.075.    Unlawful to open street without permit; restoration.  It shall be unlawful for any person to open any city street without proper permit.  All work must be inspected by the street commissioner.  Further, any person shall be required to restore any street or sidewalk to its prior condition after any work is completed.  Any person who violates any provision of this section shall be deemed guilty of a misdemeanor with the fines ranging from $200 to $500.

 

90.080.    (ORD # 2-01) Sale and storage of merchandise or sidewalks.  It shall be unlawful for any person to place merchandise, or allow merchandise to remain, on any sidewalk within the City for the purpose of selling such merchandise, except that merchandise may be placed on sidewalks for sale during regular business hours so long as the sidewalk is not substantially obstructed.  It shall be unlawful for any person to place any item not for sale, or allow such item to remain, on any sidewalk within the City which obstructs the sidewalk or interferes with a person’s line of sight down the sidewalk.  It shall be unlawful for any person to store merchandise or other goods on any sidewalk within the City.

Chapter 91 – Construction of Sidewalks, Curbs and Gutters, and Driveway Entrances

Chapter 91–Construction of Sidewalks, Curbs and Gutters, and Driveway

Entrances

 

91.010.    Property owner to keep in repair.  It shall be the duty of every property owner to keep the sidewalks, curbs and gutters, and driveway entrances adjacent to his property and in the City of Holden, in good repair at all times and free from irregularities and offsets in the surface thereof which may render the same unsafe for use.

 

91.020.    (ORD # 04-02) Concrete construction required, grade.  All sidewalks, curbs and gutters, and where streets are solid surfaced, driveway entrances, constructed, reconstructed, or repaired in the City of Holden shall be of concrete and conform to the established grade of the street.  All sidewalks in residential areas shall not be less than four feet in width.  All sidewalks in commercial areas shall not be less than five feet in width.

 

91.030     (ORD # 04-02) Supervision of work.  All work of constructing, reconstructing, excavating, or repairing sidewalks, cubs and gutters, and driveway entrances shall be done under the supervision of the city engineer or other person designated by the Mayor.

 

91.040.    To condemn defective sidewalks.  The City Council may, by ordinance or resolution, condemn defective sidewalks, order their removal and provide for the construction of new sidewalks in the place or walks so condemned and removed as provided in this Chapter.

 

91.050.    Reconstruction and repair of sidewalks at expense of property owner, procedure.  No formality shall be required for the repairing or reconstruction of sidewalks and making assessments therefore; but the City Council, without notice to property owner, may order the city engineer to cause such work to be done and the city engineer shall keep an account of the cost thereof and report the same to the City Council for assessment.

91.060.    Board may levy special assessment, when. When the city engineer or other proper officer or committee has made report to the City Council of the cost of the construction, reconstruction or repair of any sidewalk or sidewalks in the City of Holden, under the provisions of this Chapter, the City Council, at its discretion, may levy said cost as a special assessment against each lot and piece of ground abutting said sidewalk and each lot and piece of ground shall be liable for its part of the cost of the work done or made along or in front of such lot or piece of ground as reported to the City Council, and the city clerk shall issue separate tax bills therefore against each such lot or piece of ground as reported to the City Council for its share of the cost.

 

91.070    (ORD # 04-02)  Construction of new sidewalks.  Where a sidewalk (or curb and gutter or driveway entrance) has been condemned by the City and is to be replaced, or where the City chooses to install a new sidewalk, the City shall contract for the construction of the sidewalk, either with curbing or without, including final grading and the demolition and removal of any existing sidewalk or curbing.  Such work shall be advertised for bid or the City may use the contractor who was awarded the bid pursuant to §91.090.  The bids shall be based upon the plans and specifications established by the City Engineer or other person designated by the Mayor.  The work shall be awarded to the best and lowest bidder, except as otherwise provided for herein.  The City may refuse to accept any or all bids.  The City may do the work itself, or have the City Engineer cause the work to be done (as provided for in §91.080), if it can be done for less than the lowest bid submitted by a trustworthy and competent bidder.

91.080     (ORD # 04-02) Procedure when no bid is acceptable or none received.  When after advertisement for bid, no bid is acceptable, no bid is received, or where the City can perform the work cheaper, the City Council may order the city engineer or other employee of the City to cause the work to be done.  In such case, the city engineer or other person designated to do the work shall keep an accurate account of the amount expended for labor and materials, including excavation, grading, and filling, adjacent to each parcel of property and present such account to the City for assessment as provided in this Chapter.

 

91.090     (ORD # 04-02) City payment for the construction of sidewalks.  Under the following circumstances, the City, at its discretion, may pay up to 50% of the costs of installing, replacing, or repairing sidewalks (including the accompanying curb and gutter and driveway entrances).   within the City.

Each year, the City shall advertise for bids from contractors to repair, replace, or install new sidewalks within the City as provided for in this Chapter.  Bids shall be made on the standards for the construction of sidewalks, curbs and gutters, and driveway entrances developed by the city engineer or some other person designated by the Mayor.  Bids shall be submitted in terms of cost for linear foot of sidewalk, curb and gutter, and driveway entrance.  The City shall announce that it is taking applications for assistance in placing or replacing sidewalks (including the accompanying curb and gutter and driveway entrances) and shall announce any applicable rules or deadlines.  Applications for financial assistance for sidewalk placement or replacement shall be filed with the City Clerk and shall contain the where the proposed new sidewalk will be located and the length of the sidewalk (including the length of the accompanying curb and gutter and driveway entrances).  In determining whether to contribute to the cost of the sidewalk, the City shall take into account the following factors:

 

The location of the sidewalk.

The condition of the existing sidewalk, if any.

The number of people benefited by the sidewalk.

Whether the new sidewalk is part of new construction.

Whether the proposed sidewalk is in a commercial or residential area.

The cost of the project.

The amount budgeted for sidewalk repair.

The amount of financial resources available to the City.

The number of requests made for financial contribution to sidewalk construction.

 

The City may require the placement or replacement of curb and gutter and driveway entrances along any sidewalk partially paid for the City.  Nothing contained herein shall prevent the City from providing up to 50% of the cost to construct any sidewalk constructed pursuant to the provisions of §91.070.  The City shall not contribute to the cost of repairing/replacing any portion of any sidewalk damaged due to construction or underground maintenance.

 

91.090     (ORD # 04-02) Damage to sidewalks or curbs.  Any person or company who damages any sidewalk, curb, gutter, or driveway entrance in the City must replace the same to the standards specified by the City Engineer or other person designated by the Mayor.

Chapter 92 – Special Assessments

Chapter 92–Special Assessments

 

92.010.    City clerk to issue and record.  Whenever the City Council shall assess special taxes against any lot or piece of ground for making or repairing sidewalks and sidewalk curbing, for paving, macadamizing, curbing or guttering any street, alley, avenue or highway, or repairing same, or for any cost or expense incurred by the City for a public purpose and chargeable by tax bill, the city clerk shall make out a separate special tax bill against each lot or piece of ground assessed, showing the name of the owner, the description of the lot or piece of ground assessed, the date and amount of the tax bill, the purpose for which it was issued, the contractor or city in whose favor same was issued, the number of the ordinance authorizing the issuance of the bill and the rate of interest the tax bill bears.  The city clerk shall record each tax bill in a special book provided for that purpose and kept by him in his office.  Said tax bills shall be signed and certified as correct by the mayor, countersigned by the city clerk and the seal of the City impressed thereon.

92.020.    Tax bills-to whom delivered.  If the work of improvement was done by contract, the tax bills when issued therefore and recorded, shall be delivered to the contractor who did the work, and if the work was done by the City, the special tax bills shall be delivered to the city collector and the city clerk shall charge him therewith.

 

92.030.    Tax bills to be a lien and bear interest. Special tax bills shall be a lien against the lot or piece of ground described therein until paid and shall bear interest after thirty days from date of issue at the rate of eight (8) per cent per annum until paid.

92.040.    Suits on special tax bills.  The City Council may direct suit to be brought on all unpaid tax bills due to the City.  All special tax bills shall be assignable and collectible in any action brought in the name of the City to the use of the holder thereof; but the City shall not in any event be liable for any cost that may accrue in such action. Such special tax bills shall in any action thereon, be prima facie evidence of the regularity of the proceedings for such special assessment, of the validity of the bill, of the doing of the work and the furnishing of the materials charged for, and the liability of the property to the charge stated in the bill.

92.050.    Payment of special tax bills.  Anyone desiring to pay any special tax bill may pay the same to the city clerk, who shall deliver a copy of the tax bill to the person paying the tax bill.  If the tax bill so paid is due to the City, the amount so collected shall be turned over to the city treasurer to the credit of the general revenue fund.  If the tax bill is not due to the City, the city clerk shall pay the amount to the owner or holder of the tax bill on presentation of the same to him.

 

92.060.    Satisfaction of the record.  When any tax bill has been paid and presented to the city clerk, the city clerk shall note on the record the satisfaction of such tax bill, with the date of such satisfaction, and thereafter such tax bill shall be considered canceled.

Chapter 93 – Excavations

(ORD # 20-09)

Chapter 93–Excavations

 

93.010.    Permit required.  No person, partnership or corporation shall dig into or across, bore or tunnel under, any street or alley in the City unless such person, partnership or corporation shall have a written permit signed by the Street Commissioner or City Clerk of the City authorizing such work.

93.020.    Application.  Any person, partnership or corporation desiring to obtain a permit to dig into or across, bore or tunnel under, any street or alley in connection with any water or sewer system or for other purposes shall file with the city clerk or street commissioner an application, which shall state where the street or alley is to be dug into or across and how long it will take to do the work.

 

93.030.    Inspection and Deposit.  After work has been completed and the street has been replaced in its original condition, the Street Commissioner shall be notified by the applicant that the work has been completed and upon approval of the work by the Street Commissioner, said applicant will be released from further liability to the City.  All applications shall be accompanied by a deposit of Two Hundred Fifty Dollars ($250.00) which will be returned when the street or alley repairs have been approved by the Street

Commissioner.  If the work is not completed within a reasonable time, the Street Commissioner may make the necessary repairs and deduct the same from the deposit and order the balance, if any, paid to the applicant.

93.040.    Permit to be posted.  All permits shall be posted at or near location of work.

 

93.060.    Breaks in Water or Sewer Lines and Excavations in City Streets and Alleys.  Breaks in water or sewer lines owned by the City shall be reported to the Board of Public Works.  The Board of Public Works or designee shall excavate where necessary and shall make the needed repairs and then back fill the hole, in thin layers, with properly compacted crusher-run rock.  Upon completion of work the Board of Public Works shall notify the Street Commissioner who shall cause the street to be repaired. Any other person wishing to excavate any portion of any street or alley belonging to the City of Holden must first obtain a permit from the Street Commissioner.  After excavation, the person causing the excavation shall fill the hole, in thin layers, with properly compacted crusher-run rock and shall resurface same with concrete or asphalt as appropriate and designated by the Street Commissioner.  If the excavating party has the capability to repair the street or alley, such party may do so with the permission of the Street Commissioner, but such repair must be inspected and approved by the Commissioner.  All excavations through any hard surface street shall only be made by sawing through the street’s surface using squared cuts.  Excavations shall only be as large as necessary and shall not interfere with or damage hard street surfaces beyond the actual excavation site.  All excavation shall be repaired with the use of concrete or asphalt as designated by the Street Commissioner.  All debris must be removed from excavation sites within twenty four (24) hours after work is completed at the site.  Any person or entity excavating any portion of a street or alley in the City of Holden must barricade and mark such sites and must provide for all needed traffic control and warning devices.

 

93.060.    Violation.  Every person violating any of the provisions of this Chapter, or refusing or neglecting to comply with any of the requirements thereof, shall be deemed guilty of a misdemeanor.

Chapter 94 – Driveways, Culverts, and Ditches

(ORD. # 17-01)

Chapter 94–Driveways, Culverts and Ditches

 

94.010.    Culverts and Driveways.  All driveways or entryways from public streets or alleys in the City into private property shall contain a culvert unless the street commissioner determines that a culvert is not needed.  All culverts shall be of sufficient diameter so as not to  restrict drainage under the driveway or entryway.  No culvert shall be placed along any public street or alley within the City without prior approval of the Street Commissioner.  The Street Commissioner shall approve the request for culvert placement so long as the culvert proposed to be placed meets the necessary diameter requirements and other specifications to ensure sufficient drainage, and the location and manner of placement will not result in damage to the City’s property or other property.  The Street Commissioner shall determine the minimum diameter of each culvert, the type of culvert used, and the depth and method of placement for each culvert placed along any public street or alley within the City.  All culverts placed after the passage of this ordinance shall be a minimum of 10″ in diameter.  Any dispute between any property owner and Street Commissioner as to any of the requirements or specifications above, shall be decided by the City Council upon request.

 

94.020.   City to Install Culverts Upon Request of Property Owner.  Any property owner wishing to install or replace a culvert under any driveway or entryway may request the City to place the culvert and to perform the necessary excavation for the installation.  The City will perform such placement and excavation, and dispose of the original culvert, without charge in most circumstances, but the property owner must furnish the culvert.  The City reserves the right to refuse a request for the free placement of, and the excavation for a new culvert, as well as a request for the free disposal of any culvert, under the following circumstances:

  1. When the new culvert to be placed does not comply with the requirements set forth by the Street Commissioner;

 

  1. When the location of the requested placement presents a safety hazard;
  2. When the location or manner of requested placement will likely result in the damage to City property, or another person’s property;
  3. When the requested placement will obstruct or interfere with proper drainage;

 

  1. When the requested placement of a new culvert, or the excavation for a new culvert, or the disposal of the old culvert is out of the ordinary, causing the City to spend inordinate amounts of time or expense in providing the service;
  2. When the requested placement of a new culvert, or the excavation for a new culvert, or the disposal of the old culvert would endanger City employees or equipment, or would expose the City to liability;

 

  1. When there are numerous requested placements on a given tract of property; or

 

  1. When the City employees (due to the number or requests for placement, or seasonal work demands) do not have sufficient manpower or equipment to provide the above service. Nothing contained herein shall prohibit a property owner, contractor, or other person from placing any culvert along public street or alley, but the culvert, location, function, and method of installation of any culvert does not meet the approval of the Street Commissioner, the culvert must be removed and the problem corrected. Any dispute between the Street Commissioner and the property owner as to any of the above items will be decided by the City Council upon request.

 

94.030.    Removal of defective culverts and cutting of existing driveways.  The establishment and maintenance of proper drainage within the City is of primary importance to the City.  Proper drainage within the City prevents damage to streets and alleys, and prevents damage to private property.  Any culvert in the City’s easement, on the City’s property, or along any public street or alley in the City which has been placed in contravention of this Chapter, or which restricts drainage may be removed by the City without the adjoining property owner’s consent.  Any driveway or entryway which connects with a public street or alley which does not have a culvert, and which restricts drainage, may be cut by the City to allow for drainage without the adjoining property owner’s consent.  A culvert improperly restricts drainage in the following circumstances;

  1. The culvert is too small a diameter for the ditch;

 

  1. The culvert is obstructed;

 

  1. The culvert is deformed or compressed;

 

  1. The culvert is located at an improper height (too high or too low);
  2. The culvert is not level; or

 

  1. For any other reason, the culvert causes a restriction in the flow of water, causing water to back up onto other person’s property or causes water to back onto or run over any public street or alley.

 

94.040.    Procedure.  If the City wishes to remove a culvert without the adjoining property owner’s consent, or if the City wishes to cut an existing driveway or entryway which does not contain a culvert, the City must mail a certified letter, return receipt requested, to all owners of the property (adjoining the culvert to be removed or the driveway to be cut), as listed in the official records of the Johnson County Recorder of Deeds at least 15 days prior to the removal of the culvert or 15 days prior to the cutting of the driveway or entryway.  The letter shall be sent to the last known address of the owner.  If the address of any owner cannot be located, a certified letter, return receipt requested, shall be sent to the property owner in car of the person(s) listed as the contact for the property as listed in the official records contained in the Johnson County Assessor’s Office.  Notification is complete upon proof of mailing.  Further, the City shall place a sign on the property in close proximity to the culvert to be removed, or the driveway or entryway to be cut, at least 15 days prior to the culvert’s removal or the cutting of the driveway or entryway, providing notice of the City’s intentions.  After notice as provided above, the City may remove any culvert which improperly restricts drainage, and may cut any driveway or entryway which restricts drainage.  The City will not be obligated to provide any method for ingress or egress from the property, not will the City be obligated to remove the old culvert.

 

94.050.    Unlawful to fill or obstruct ditch or drainage.  It shall be unlawful for any person to fill or obstruct any ditch or drainage area bordering any public street or alley within the City.

 

94.060.    City may clean and maintain ditches and drainages.  The City may clean, excavate, deepen, widen, maintain, defoliate, or remove trees and brush from any ditch or drainage area bordering any public street or alley within the City or on any City easement established for the use and maintenance of streets or alleys, or on any City property.