CHAPTER 53:
STREETS AND SIDEWALKS
Section
Excavations and Construction
53.01 Opening permit required
53.02 Application and cash deposit
53.03 Restoration of pavement
53.04 Barriers around excavations
53.05 Warning lights
53.06 Sidewalk construction
Road and Bridge Projects
53.15 Public hearing required
53.16 Notice requirements
53.17 Public may testify; effect of testimony
53.18 Hearing to be held prior to construction
53.19 Separate hearing for each project not required
53.20 Exemptions from hearing requirement
Obstructions
53.30 Unloading on street or sidewalk
53.31 Street and sidewalk obstruction
53.32 Materials on street or sidewalk
53.33 Removal of ice and snow
53.99 Penalty
EXCAVATIONS AND CONSTRUCTION
§ 53.01 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.
§ 53.02 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the City Commission or other authorized city official. Application shall be made on a form prescribed by the City Commission, 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 City Commission or other authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
§ 53.03 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 City Commission or other authorized city official, and in accordance with rules, regulations, and specifications approved by the City Commission.
(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 to make such fill and the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 53.02 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 City Clerk-Treasurer/Tax
Collector or other proper administrative officer shall proceed to collect the remainder due from the permittee.
§ 53.04 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 § 53.99
§ 53.05 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 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 § 53.99
§ 53.06 SIDEWALK MAINTENANCE, CONSTRUCTION AND REPAIR
(A) All property owners within the city are charged with the responsibility of maintaining and shall maintain and keep in proper repair, that portion of the sidewalk which parallels and/or abuts a street and lies within the public right-of-way adjacent to that property.
(B) It shall be the duty of the Director of Public Works to supervise the construction or repair of all sidewalks within the city. He shall cause specifications to be prepared related to the construction and repair of sidewalks and transmit the specifications to the City Commission for approval.
(c) The Director of Public Works of the City shall perform an annual assessment of sidewalks within the city right of way and create a priority list of sidewalk repairs needed. In order for city participation on the repair of sidewalks the property owner shall comply with city specifications for sidewalks. If the owner does not comply with the city specifications, then the owner shall sign an agreement with the city taking full financial and legal responsibility for that portion of the sidewalk.
§53.07 OWNER’S RESPONSIBILITY FOR SIDEWALK REPAIR
The following sidewalk conditions are determined to be contrary to the general welfare and require that all sidewalks, in such condition to be repaired or the general condition be alleviated, as directed by the Director of Public Works.
(A) Adjoining blocks or portions thereof whose edges differ vertically by more than one inch.
(B) Blocks having substantial depressions, reverse cross-slope (sloping away from the street) or below curb grade so as to impound mud or water.
(C) Blocks having a cross slope in violation of ADA regulations.
(D) Blocks that cause an abrupt change in the longitudinal grade of the sidewalk.
(E) Blocks that are raveled, such as, the surface has spalled or severely cracked.
(F) Blocks containing stumps, private sign posts or other unauthorized obstructions in the sidewall space.
(G) Blocks containing water stop-boxes, gas stop-boxes or similar items that are not at grade level.
(H) Sidewalks located so that the sod area between the sidewalk and street protrudes above the sidewalk thereby impounding water or causing water to drain along the sidewalk or so that the sod areas on either side of the sidewalk is below the grade of the sidewalk.
§53.08 NOTIFICATION
Whenever any sidewalk or portion thereof requires repair in accordance with §53.07 herein, the City shall notify in writing the responsible property owners that such repairs shall be commenced within 60 days and completed within 90 days of the date of the mailing of the notice to the last known address of such persons. Records maintained by the Henry County Property Valuation Administrator may be relied upon to determine the identity and the address of the person. Receipt of such notice shall be presumed conclusively upon mailing.
§53.09 PROPERTY OWNER RESPONSIBLE FOR WORK; COST OF REPAIRS
Within the time set forth above, any person thereby affected shall commence and complete the sidewalk repairs in an orderly and workmanlike manner in accordance with applicable City specifications, City ordinances and Henry County subdivision regulations for the installation of sidewalks and the cost of such repairs shall be borne by the persons responsible.
§53.10 INSPECTION OF WORK BY CITY; NOTICE IF UNSATISFACTORY
If, in the judgment of the Director of Public Works, repair or reconstruction work performed by the persons responsible hereinabove is unsatisfactory, or has not been performed in accordance with the applicable city specifications, the City shall give written notice thereof to the responsible property owner(s) hereunder and shall proceed under the provisions of §53.11.
§53.11 WORK DONE BY CITY; INTEREST AND LIEN
Upon failure of the persons responsible to undertake complete repair of the sidewalk within the time specified herein, the city shall undertake, without further notification to the owner, to make such repairs at the expense of the responsible persons. Under completion of the work by the city, the city shall notify and bill the responsible persons for the costs therein incurred, plus a reasonable administration charge. The total charge, together with interest at 10% per annum on the unpaid balance thereof commencing from the date of the bill until paid, shall be due and owing by the responsible persons to the city and shall constitute a lien on the real estate to secure payment in full thereof.
§53.12 VOLUNTARY CURN, GUTTER AND SIDEWALK REPAIR
(A) In order to encourage and support the integrity of the existing infrastructure within the city rights-of-way, the city may provide assistance to the property owner in the reconstruction of curb, gutter, and/or sidewalks. This reconstruction work shall commence upon execution of an agreement between the city and the property owner which shall otherwise comply with the provisions of this ordinance. City assistance shall not exceed fifty (50%) percent of the total cost of reconstruction.
§53.13 MAINTENANCE WITHIN THE RIGHT-OF-WAY CONSTRUCTION OF NEW SIDEWALKS
(A) All property owners within the City shall be responsible for maintaining all sidewalks, ditches, curbs, and gutters, driveway pipes, drainage pipes, and undeveloped areas of rights-of-way abutting such premises in a clean and sanitary condition.
(B) All owners of property within the city limits upon which the construction of a residential dwelling or apartment units is begun after the effective date of this ordinance and where an existing sidewalk abuts the subject tract and said construction is not otherwise regulated by the Henry County Subdivision regulations shall construct a sidewalk along the right of way or other public way adjacent to the owner’s property. Said sidewalk shall be constructed in conformity with the provisions of this ordinance. The City may share in that cost pursuant to §53.12 herein.
Done this 12 day of September, 2011.
ROAD AND BRIDGE PROJECTS
§ 53.15 PUBLIC HEARING REQUIRED.
Before the city expends state derived tax revenues on a municipal highway, road, street, or bridge it shall hold a hearing in accordance with the provisions of this
subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.
§ 53.16 NOTICE REQUIREMENTS.
Not less than 45 days before the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall give notice in the manner required by KRS Chapter 424 of a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city. The hearing shall be held not less than 30 days after the first publication of the notice and before beginning work on any project covered by this subchapter. (KRS 174.100(1))
§ 53.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.
(A) At the hearing any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.
(B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it. (KRS 174.100 (2), (3))
§ 53.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.
The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held. (KRS 174.100 (4))
§ 53.19 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.
This subchapter shall not be construed to require a separate hearing for each project. A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter. (KRS 174.100 (5))
§ 53.20 EXEMPTIONS FROM HEARING REQUIREMENT.
(A) The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.
(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter and the city desires to reactivate the project. (KRA 174.100 (6), (7))
OBSTRUCTIONS
§ 53.30 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 § 53.99
§ 53.31 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 § 53.99
§ 53.32 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 53.99
_______________________
Cross-reference:
Littering on streets or sidewalks, see Ch. 91
§ 53.33 REMOVAL OF ICE AND SNOW.
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his
premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, accumulated thereon within a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm
which the snow and ice may have accumulated. The use of rock salt on any public sidewalk is prohibited. Penalty, see § 53.99
§ 53.99 Penalty.
Whoever violates any provisions of this chapter shall, upon conviction, be fined not more than $500.
Excavations and Construction
53.01 Opening permit required
53.02 Application and cash deposit
53.03 Restoration of pavement
53.04 Barriers around excavations
53.05 Warning lights
53.06 Sidewalk construction
Road and Bridge Projects
53.15 Public hearing required
53.16 Notice requirements
53.17 Public may testify; effect of testimony
53.18 Hearing to be held prior to construction
53.19 Separate hearing for each project not required
53.20 Exemptions from hearing requirement
Obstructions
53.30 Unloading on street or sidewalk
53.31 Street and sidewalk obstruction
53.32 Materials on street or sidewalk
53.33 Removal of ice and snow
53.99 Penalty
EXCAVATIONS AND CONSTRUCTION
§ 53.01 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.
§ 53.02 APPLICATION AND CASH DEPOSIT.
Each permit for making an opening shall be confined to a single project and shall be issued by the City Commission or other authorized city official. Application shall be made on a form prescribed by the City Commission, 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 City Commission or other authorized city official, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
§ 53.03 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 City Commission or other authorized city official, and in accordance with rules, regulations, and specifications approved by the City Commission.
(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 to make such fill and the work, the city may proceed without notice to make such fill and restoration and the deposit referred to in § 53.02 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 City Clerk-Treasurer/Tax
Collector or other proper administrative officer shall proceed to collect the remainder due from the permittee.
§ 53.04 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 § 53.99
§ 53.05 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 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 § 53.99
§ 53.06 SIDEWALK MAINTENANCE, CONSTRUCTION AND REPAIR
(A) All property owners within the city are charged with the responsibility of maintaining and shall maintain and keep in proper repair, that portion of the sidewalk which parallels and/or abuts a street and lies within the public right-of-way adjacent to that property.
(B) It shall be the duty of the Director of Public Works to supervise the construction or repair of all sidewalks within the city. He shall cause specifications to be prepared related to the construction and repair of sidewalks and transmit the specifications to the City Commission for approval.
(c) The Director of Public Works of the City shall perform an annual assessment of sidewalks within the city right of way and create a priority list of sidewalk repairs needed. In order for city participation on the repair of sidewalks the property owner shall comply with city specifications for sidewalks. If the owner does not comply with the city specifications, then the owner shall sign an agreement with the city taking full financial and legal responsibility for that portion of the sidewalk.
§53.07 OWNER’S RESPONSIBILITY FOR SIDEWALK REPAIR
The following sidewalk conditions are determined to be contrary to the general welfare and require that all sidewalks, in such condition to be repaired or the general condition be alleviated, as directed by the Director of Public Works.
(A) Adjoining blocks or portions thereof whose edges differ vertically by more than one inch.
(B) Blocks having substantial depressions, reverse cross-slope (sloping away from the street) or below curb grade so as to impound mud or water.
(C) Blocks having a cross slope in violation of ADA regulations.
(D) Blocks that cause an abrupt change in the longitudinal grade of the sidewalk.
(E) Blocks that are raveled, such as, the surface has spalled or severely cracked.
(F) Blocks containing stumps, private sign posts or other unauthorized obstructions in the sidewall space.
(G) Blocks containing water stop-boxes, gas stop-boxes or similar items that are not at grade level.
(H) Sidewalks located so that the sod area between the sidewalk and street protrudes above the sidewalk thereby impounding water or causing water to drain along the sidewalk or so that the sod areas on either side of the sidewalk is below the grade of the sidewalk.
§53.08 NOTIFICATION
Whenever any sidewalk or portion thereof requires repair in accordance with §53.07 herein, the City shall notify in writing the responsible property owners that such repairs shall be commenced within 60 days and completed within 90 days of the date of the mailing of the notice to the last known address of such persons. Records maintained by the Henry County Property Valuation Administrator may be relied upon to determine the identity and the address of the person. Receipt of such notice shall be presumed conclusively upon mailing.
§53.09 PROPERTY OWNER RESPONSIBLE FOR WORK; COST OF REPAIRS
Within the time set forth above, any person thereby affected shall commence and complete the sidewalk repairs in an orderly and workmanlike manner in accordance with applicable City specifications, City ordinances and Henry County subdivision regulations for the installation of sidewalks and the cost of such repairs shall be borne by the persons responsible.
§53.10 INSPECTION OF WORK BY CITY; NOTICE IF UNSATISFACTORY
If, in the judgment of the Director of Public Works, repair or reconstruction work performed by the persons responsible hereinabove is unsatisfactory, or has not been performed in accordance with the applicable city specifications, the City shall give written notice thereof to the responsible property owner(s) hereunder and shall proceed under the provisions of §53.11.
§53.11 WORK DONE BY CITY; INTEREST AND LIEN
Upon failure of the persons responsible to undertake complete repair of the sidewalk within the time specified herein, the city shall undertake, without further notification to the owner, to make such repairs at the expense of the responsible persons. Under completion of the work by the city, the city shall notify and bill the responsible persons for the costs therein incurred, plus a reasonable administration charge. The total charge, together with interest at 10% per annum on the unpaid balance thereof commencing from the date of the bill until paid, shall be due and owing by the responsible persons to the city and shall constitute a lien on the real estate to secure payment in full thereof.
§53.12 VOLUNTARY CURN, GUTTER AND SIDEWALK REPAIR
(A) In order to encourage and support the integrity of the existing infrastructure within the city rights-of-way, the city may provide assistance to the property owner in the reconstruction of curb, gutter, and/or sidewalks. This reconstruction work shall commence upon execution of an agreement between the city and the property owner which shall otherwise comply with the provisions of this ordinance. City assistance shall not exceed fifty (50%) percent of the total cost of reconstruction.
§53.13 MAINTENANCE WITHIN THE RIGHT-OF-WAY CONSTRUCTION OF NEW SIDEWALKS
(A) All property owners within the City shall be responsible for maintaining all sidewalks, ditches, curbs, and gutters, driveway pipes, drainage pipes, and undeveloped areas of rights-of-way abutting such premises in a clean and sanitary condition.
(B) All owners of property within the city limits upon which the construction of a residential dwelling or apartment units is begun after the effective date of this ordinance and where an existing sidewalk abuts the subject tract and said construction is not otherwise regulated by the Henry County Subdivision regulations shall construct a sidewalk along the right of way or other public way adjacent to the owner’s property. Said sidewalk shall be constructed in conformity with the provisions of this ordinance. The City may share in that cost pursuant to §53.12 herein.
Done this 12 day of September, 2011.
ROAD AND BRIDGE PROJECTS
§ 53.15 PUBLIC HEARING REQUIRED.
Before the city expends state derived tax revenues on a municipal highway, road, street, or bridge it shall hold a hearing in accordance with the provisions of this
subchapter to take the sense of the public with regard to the project and to priorities for use of tax moneys for road and bridge purposes.
§ 53.16 NOTICE REQUIREMENTS.
Not less than 45 days before the contemplated date of expenditure of state derived tax revenues on a road or bridge by the city, the city shall give notice in the manner required by KRS Chapter 424 of a public hearing for the purpose of taking the sense of the public with regard to road and bridge matters within the city. The hearing shall be held not less than 30 days after the first publication of the notice and before beginning work on any project covered by this subchapter. (KRS 174.100(1))
§ 53.17 PUBLIC MAY TESTIFY; EFFECT OF TESTIMONY.
(A) At the hearing any person may speak with regard to any proposed project, any project which he feels should be built or done which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects.
(B) The city shall not be bound by the testimony heard at the hearing but shall give due consideration to it. (KRS 174.100 (2), (3))
§ 53.18 HEARING TO BE HELD PRIOR TO CONSTRUCTION.
The city shall not begin construction on a road or bridge project wherein state derived tax revenues are involved until the hearing as provided herein has been held. (KRS 174.100 (4))
§ 53.19 SEPARATE HEARING FOR EACH PROJECT NOT REQUIRED.
This subchapter shall not be construed to require a separate hearing for each project. A single hearing encompassing the entire road and bridge program, provided all projects subsequently undertaken have been identified at the hearing, shall meet the requirements of this subchapter. (KRS 174.100 (5))
§ 53.20 EXEMPTIONS FROM HEARING REQUIREMENT.
(A) The provisions of this subchapter shall not apply to emergency repair or replacement of roads or bridges necessitated by natural or man-caused disasters nor to street cleaning or snow removal operations.
(B) The provisions of this subchapter shall not apply to projects which are under construction as of the effective date of this subchapter and the city desires to reactivate the project. (KRA 174.100 (6), (7))
OBSTRUCTIONS
§ 53.30 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 § 53.99
§ 53.31 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 § 53.99
§ 53.32 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 53.99
_______________________
Cross-reference:
Littering on streets or sidewalks, see Ch. 91
§ 53.33 REMOVAL OF ICE AND SNOW.
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk to keep the sidewalk abutting his
premises free and clear of snow and ice to the extent feasible under the prevailing weather conditions, and to remove therefrom all snow and ice, to the extent feasible under the prevailing weather conditions, accumulated thereon within a reasonable time which will ordinarily not exceed 12 hours after the abatement of any storm
which the snow and ice may have accumulated. The use of rock salt on any public sidewalk is prohibited. Penalty, see § 53.99
§ 53.99 Penalty.
Whoever violates any provisions of this chapter shall, upon conviction, be fined not more than $500.
