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HomeMy Public PortalAboutCHAP 96 Streets and Sidewalks.pdfCHAPTER 96: STREETS AND SIDEWALKS SECTION Obstruction of Public Ways 96.01 Obstructing Streets 96.01.01 Definitions (Ord. 49-2008) 96.02 Merchandise on Sidewalks (Ord. 49-2008) 96.03 Awnings and Canopies over Sidewalks 96.04 Gates along Sidewalks Excavations in Streets 96.10 Excavations 96.11 Streets Under Repair 96.12 Installation of Utilities when Paving Street 96.13 Applicable Laws General Regulations 96.20 Barbed Wire Fences 96.21 Debris on Streets 96.22 Spitting on Sidewalk 96.23 Water from Downspouts 96.24 Cleaning Sidewalks 96.25 Damaging Streets and Sidewalks 96.26 Portable Engines on Streets Building Numbering 96.30 Building Numbering Curb and Sidewalk Construction and Repair 96.35 Voluntary Curb and Sidewalk Partnership Program OBSTRUCTION OF PUBLIC WAYS 96.01 OBSTRUCTING STREETS No person shall obstruct or endanger, or place or permit anything to obstruct or endanger the free passage or proper use of the public of any street, sidewalk, crosswalk, bridge, or entrance to any church, school, theater, hotel, or public building, except as may be necessary while loading or unloading merchandise or materials, and except as may be permitted under t his chapter. (‘72 Code, 4.01) Penalty, see 10.99 96.01.01 DEFINITIONS (a)“BUSINESS (ENTERPRISE)” Per 154.13.16 – The use of land or a structure for manufacturing, processing, wholesale or resale of products. Also, the provision of services to customers and/or clients. This definition is not intended to include sales permitted under chapter 125 of this Code. (b)“ENCROACHMENT”– Any private or public temporary or long-term use of a sidewalk for purposes other than movement of pedestrians or other use by th e City of Richmond in conducting its business. (c)OUTDOOR SEATING – Seating provided at a table directly adjacent to a retail establishment where food is sold as a primary or secondary part of its daily operations. (d) “PEDESTRIAN”- Any person walking, walking with the assistance of a walking device, or in a wheelchair. (e)“SIDEWALK”- That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. (f) “SIGN” Per 154.13.88 - Any writing, pictorial representation, emblem, flag or any other figures of similar character which is a structure or part thereof or is attached or painted on or in any manner represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. The word “sign” includes the word “billboard” but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, or event. Further, this definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty. (Ord. 57-1997) (g)“SPECIAL EVENT”– An event planned in conjunction with other businesses in a business district where three or more businesses plan to encroach on the sidewalk for a like period of time. (h)“STREET” Per 154.13.97 - A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this Ordinance which has been improved and accepted by the responsible local governmental unit for maintenance and which provides a public means of access to abutting property. The term “street” shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. (Ord. 95-1984) (Ord. 57-1997) 96.02 MERCHANDISE ON SIDEWALKS (Ord.49-2008) (a)No person shall for the purpose of display, exhibition, seating, or sale, place or permit or allow the placing of any merchandise or commodity beyond the real estate boundary of the premises occupied by him facing a public highway or sidewalk without a valid sidewalk encroachment permit, if applicable. Activities performed without a valid sidewalk encroachment permit are a violation of the provisions of this chapter. Planters, public benches without advertising and trash containers may be placed on a sidewalk directly adjacent to a business without a sidewalk encroachment permit as long as a minimum clear straight pathway of 48 inches can be maintained at all times.Bike racks may be installed by a business district as long as a minimum clear straight pathway of 48 inches can be maintained at all times, including when bicycles are attached, and shall meet all other provisions of this chapter. Bike racks must compliment the architecture of the business district and shall have approval of the Board of Public Works and Safety. (1) Eligible sidewalks for encroachment shall be all sidewalks where a minimum of 48 inches of clear straight pathway can be maintained adjacent to a business after the encroachment is located on the sidewalk. (2) All sidewalk encroachment permits shall be approved by the City of Richmond Board of Public Works and Safety and may be subjected to approval of other applicable agencies including but not limited to the Indiana Department of Transportation and City of Richmond Department of Public Works. (3) Encroachments shall not limit access to any public safety related public improvements such as fire hydrants or infringe upon a pedestrian’s free and safe passage along a sidewalk. (4) Businesses requesting a sidewalk encroachment permit for outdoor seating shall be businesses who sell retail food as a primary or secondary part of their daily operations and shall abide by all requirements established in Chapter 154 for outdoor seating. No alcoholic beverages may be served in outdoor seating areas located on a sidewalk. (a)If a business requesting a sidewalk encroachment permit for outdoor seating is required by law, statute or regulation to enclose or separate the encroachment from the rest of the public right of way, the method of enclosure or separation, such as a fence, shall be reviewed and approved by the Department of Public Works and Safety and shall abide by all requirements established in chapter 154 for outdoor seating. (5) Businesses eligible for a sidewalk encroachment permit for merchandising shall be all businesses conducting retail sales as the major part of their daily operations and whose businesses are housed immediately adjacent to the area of sidewalk requested for merchandising use. (6) Encroachment for outdoor seating may be approved for a one year period. Permits will valid for a calendar year, January 1 – December 31. (7) Encroachment for outdoor merchandising may be approved for up to a 48 hou r period. Permits may not be granted for back to back 48 hour periods and may be limited in number by the Board of Public Works and Safety. Permits for regular or reoccurring encroachment may be considered on a case by case basis. Encroachments for a period up to 72 hours may be approved only if 24 hours of the request falls on Independence Day, Memorial Day or Labor Day. (8) All sidewalk encroachment requests shall be accompanied by the appropriate application fee, required attachments and a form prescribed by the Department of Metropolitan Development which shall include the following information at a minimum: (A)Name, street address and phone number and email address of applicant; (B)Name and street address of property owner if the owner is not the applicant: (C)Street address of the property where encroachment is requested; (D)A certificate of insurance establishing proof of a comprehensive general liability policy naming the City of Richmond as one of the insured to remain in effect during the term of enc roachment; (E)A drawing to scale of the proposed encroachment demonstrating how the clear straight pathway will be maintained including: (1) the relationship to public improvements including but not limited to, planters, fire hydrants, utility poles, trees, tree grates, landscaping, trash containers and benches; (2) the location and type of merchandise or seating to be displayed; (3) The existing and proposed circulation pattern for pedestrians with the exact dimensions of the clear straight pathway; and o ther information applicable to the type of encroachment requested. (F)Length of time requested for the encroachment; (G)Plans for the operation of the encroachment including, but not limited to, hours of operation, services to be provided, maintenance and clea ning; (H)Evidence that adjacent property owners have been notified of the proposed encroachment. (9) Applications for a sidewalk encroachment permit should be submitted at least 30 days prior to the date the applicant wishes to encroach, but no earlier than 90 days. (10) Applications for an annual sidewalk encroachment permit for outdoor seating shall be assessed an application fee of $50.00 for a one year permit. (11) Applications for a sidewalk encroachment permit for outdoor merchandising for a single event, up to 48 hours, shall be assessed an application fee of $15.00. If multiple dates for separate events, up to 48 hours each, are listed on the same application, an application fee of $25.00 shall be assessed. (12) Applications for special events may be submitted on one application as long as all information required in 96.02 (a) 8 is included for all businesses that plan to encroach on the sidewalk. The application fee for a special event encroachment shall be $35.00. (13) The applicant shall maintain a copy of their permit and application at their location for inspection upon request by any city official/officer. (14) Any encroachment permit may be revoked by any city official/officer of authority if that official/officer has found that an y petitioner for that permit has violated any terms or conditions of the permit whereas public safety is compromised (a)No person shall place any signs along and on the sidewalks, unless allowed by Chapter 154, or in the area between the sidewalks and the curbs of the city. 96.03 AWNINGS AND CANOPIES OVER SIDEWALKS No person shall erect, construct, or maintain over, along, or across any sidewalk along any street, alley, or thoroughfare within the city, any awning, shed, suspended canopy, marquee, cover, or other suspended structure, except a temporary canvas or woven cloth awning hinged with iron frame hinges to a building, without a permit from the Board of Public Works. Before any awning, shed, suspended canopy, or marquee, or any other structure may be erected over or maintained over a sidewalk along a street, alley, or thoroughfare, the owner or occupant of the building and entrance in the front of which it is to be erected, shall submit the plans and specifications for the construction and the manner of maintenance to the Board of Public Works for investigation and approval. Only on the approval of the plans by the Board shall the same be constructed. A permanent awning, shed, suspended canopy, or marquee made of metal or other fireproof material may be erected and maintained over sidewalks along a street, alley, or thoroughfare, immediately in front of the entrance to any hotel or theater if it does not extend more than 12 feet on either side of the center line of the entrance to the building and the height is not less than 12 feet above the sidewalk at the lowest point of the structure. (‘72 Code, 4.03) (Ord. 853 -1926) Penalty, see 10.99 96.04 GATES ALONG SIDEWALKS (a)The owner of any property in the city having a frontage on any stree t or sidewalk shall not maintain or construct a gate on the premises in such a manner that the gate swings over the street or sidewalk bordering on the premises. (b)It shall not be deemed a violation of this section if the gate automatically swings back into a closed position after being used, by means of springs, weights, or other mechanical contrivance, so that it will not extend over the street or sidewalk when not in use. (‘72 Code, 4.04) (Ord. passed 1-16-06) Penalty, see 10.99 EXCAVATIONS IN STREETS 96.10 EXCAVATIONS IN RIGHT-OF-WAY AREAS (a)Definitions: For the purposes of this section, certain terms are defined as follows: 1.DPW: As used herein, DPW shall mean the City of Richmond, Indiana, Department of Public Works & Engineering. 2.Excavation: As used herein, excavation shall mean to cut, dig, trench, excavate, grade, tunnel, bore, or to in any way disturb the existing earth or infrastructure contained within a public right-of-way of the City of Richmond, Indiana. 3.Contractor: As used herein, Contractor shall mean any person, company, firm, or corporation performing an excavation within the Right-of-Way of the City of Richmond, Indiana. 4.City: As used herein City shall mean the City of Richmond, Indiana. 5.Winter Season: As used herein, Winter Season shall mean the period of time between December 1st of one year and March 31st of the following year, or when Hot Mix Asphalt materials are not readily available. 6.Plans: The approved plans, profiles, typical cross sections, standard drawings, working drawings, and supplemental drawings or exact reproductions thereof. 7.Right-of-Way: As used herein, Right-of-Way shall mean the strip of land dedicated to the use of the public by virtue of legal documentation or long use. Types of Right-of-Ways include but are not limited to: roads, streets, alleys, utility easements, trails, etc. 8. Work Day(s): As used herein, Work day(s) shall mean those days Monday - Friday, from the hours of 8:00 am to 4:00 pm, and shall exclude government holidays as observed by the City of Richmond, Indiana. (b)Permit Required 1.It shall be unlawful for any Contractor to make an excavation for any purpose whatsoever without first obtaining a Right-of-Way Excavation Permit from the DPW. In order to obtain a permit, a Contractor must adhere to the following requirements: i.Execute a bond to cover any and all damages that may occur by performing such work. ii.Provide proof of liability insurance. iii.File an application for permit with the DPW. iv.Must agree to restore the place of such work to good condition and in the manner provided by the terms of this section. 2.In the event of an emergency, an excavation may proceed without delay on the condition that, within two (2) full working days after the commencement of such excavation, notice of such work shall be given to the DPW, a bond shall be posted, proof of insurance shall be provided, and an application for permit shall be filed, as required under this section. 3.A Contractor shall obtain one (1) permit for each excavation. In the event there are more than one (1) excavation within a city block(s), along a particular street, the Contractor may obtain one (1) permit for the group of excavations along said street; in this instance only one (1) permit will be issued, however the permit fee will be calculated as described in subsection (g) (Permit Fees), along with any application or extension fees. Each permit shall only be valid for thirty (30) calendar days. 4.For a planned construction project the Contractor may obtain one (1) permit for the project, as long as the plans and specifications for that planned construction project are included with the initial permit application and are clearly identified as a single construction project, and such application is made at least twenty (20) full working days prior to start of construction. The permit fee will be calculated as described in subsection (g) (Permit Fees) for the required excavations for the project, along with any application or extension fees. (c)Permit Application 1.Any Contractor desiring to make an excavation shall file an application for permit with the DPW. Such application(s) shall be filed with the DPW two (2) full working days in advance of beginning work and will be assessed a Twenty-Five Dollar ($25.00) application fee. The Application Fee will be added into the total Permit Fee per subsection (g) (Permit Fees). 2.The DPW shall have the right to prescribe the method and limits of repair, and the time the proposed excavation shall be performed. 3.Permit Applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: i.Full contact information of the Contractor applying for the permit i.e. name, address, company, phone, persons responsible. ii.If applicable, who the excavation is being completed for. iii.Exact description of the work to be done. iv.Location of the excavation within the right-of-way. v.Estimated start and completion dates during which the excavation is to be made. 4.Said Contractor shall agree, in connection with each application and upon issuance of a permit, to do at a minimum the following: i.To maintain the site of the excavation in a smooth and uniform condition, similar to the immediate surrounding area, for a period of three (3) years. Such maintenance is to meet the approval of the DPW. ii.To erect and maintain all necessary temporary traffic control measures (in conformance with the Federal Highway Administration Manual of Uniform Traffic Control Devices – current edition) required to direct traffic safely over or around the place where the excavation is being performed, for as long as the work in any way interferes with the normal flow of vehicular or pedestrian traffic. At any location where vehicular traffic is limited to one lane, a flagger(s) shall be used and provided by the Contractor, and it shall be the responsibility of the Contractor to ensure that the lane restriction is alleviated prior to leaving the site, through temporarily backfilling the excavation to make it flush with the surrounding pavement (top three (3) inches shall be asphalt cold mix) or by covering the excavation with a steel plate of sufficient size and thickness to satisfactorily carry the traffic. iii.To give notice daily to the DPW of the location where work on an excavation is being performed. Notice may be given by sending an e-mail to streetcut@richmondindiana.gov, or by calling the DPW at (765) 983-7325. iv.To provide to the DPW an Excavation Report after the excavation is made. The Excavation Report may be one that is currently used by the Contractor or the Contractor may use the DPW Standard Excavation Report. v.To contact the DPW, within five (5) working days, of the completion of permanent repair and request a final inspection of the excavation. vi.To indemnify, defend, and hold harmless the City of Richmond, Indiana, its officials, and employees from any liability due to damage or injuries to the person or property of anyone on or off the right-of-way arising out of or resulting from the issuance of this permit or the work connected therewith caused by or resulting from the negligence of Contractor, its agents, employees, or subcontractors engaged in the performance of the work or the joint negligence of any said party.The Contractor also agrees to pay all reasonable expenses and attorney fees incurred by or imposed on the City arising out of a lawsuit filed against the City for damages, provided a court of competent jurisdiction makes a determination that the Contractor, its agent, employees, or subcontractors has been guilty of negligence in pursuance of the work resulting from the issuance of a permit for an excavation, in which negligence caused damage to the prevailing or aggrieved, party, provided the City was not guilty of independent or concurring negligence. (d)Permit Approval Before the approval of a permit to any Contractor, the DPW shall: 1.Require the Contractor to file with the DPW an insurance policy, or a certificate showing insurance to be in effect and naming the City as an additional insured, issued by a responsible insurance carrier to protect the Contractor and the City from personal and property damage arising from, caused by, or affected to any extent by any excavation made pursuant to the permit. 2.Require the Contractor to file either a Blanket Excavation Permit Bond or a Project Specific Excavation Permit Bond with the City of Richmond, with surety to be approved by the DPW. Bonding requirements will be determined by the DPW. Said bonds shall be maintained as follows: i.Shall guarantee that the place where excavation was performed shall be restored to DPW standards. ii.Shall remain in full force for a period of three (3) years to guarantee the repair for a period of three (3) years from the date of the completion of the Contractor’s work to protect the City of Richmond and its citizens in case the work is deficient or incomplete. iii.Blanket Bonds shall be in the sum of Ten Thousand Dollars ($10,000.00) and shall provide provisions that the liability of the Surety is for each and every permit issued to the Contractor for the excavation project. iv.Project Specific bonds shall be in a sum based upon one- hundred percent (100%) of the estimated cost of labor and materials needed to restore the excavation(s) to a condition uniform to its immediate surroundings, however at no time will the bond amount be less than Five Thousand Dollars ($5,000). v.Shall provide for the surety to guarantee that the principal of said bond shall faithfully perform all the duties imposed upon said principal for each and every excavation according to the requirements of this section. 3.No permit shall be issued by the DPW until the above-described bond has been filed with and approved by the DPW. 4.Notwithstanding the above bond requirements, a letter of credit issued by a financial institution approved by the DPW in the same amount as designated herein for such bond(s) may be filed with the application in lieu of said surety bond(s). 5.Check the records of the City to ascertain whether the Contractor has ever failed to reimburse the City for any work or materials furnished by the City in the filling and resurfacing of any excavation made by the Contractor on a previous permit.In the event that City records disclose any unpaid account owed by the Contractor, the permit shall not be granted until payment is made in full. 6.If the application is approved (and if all unpaid accounts on prior permits are brought current), a permit shall be issued by the DPW. The permit shall be numbered, shall state the issuer’s name, the date of issuance, the date of expiration, shall specifically describe the location of the excavation, and shall describe in detail the work to be performed. 7.The DPW shall keep on file all such applications and a record of all permits approved. 8.A permit, once issued in compliance with the terms of this section, will be provided to the Contractor. (e)Time of Completion 1.All permits will expire thirty (30) calendar days from the date of issuance, with the exception of permits issued during winter season and permits issued for a planned construction project. Permits issued during the winter season will have expiration date of April 30th of the year the winter season ends. Permits for a planned construction project will expire at the completion of the project. 2.If the Contractor needs additional time to complete the excavation for which a permit applies, the Contractor must give notice to the DPW and pay additional permit fees for such extension. Permits may be extended by an additional thirty (30) calendar days, for a total of sixty (60) calendar days. If a Contractor fails to extend a permit, or complete work within the maximum of sixty (60) calendar days, the Contractor will be subject to penalties as described in subsection (k) (Penalties). 3.For any excavations made during Winter Season, when weather conditions and/or materials availability do not allow permanent repairs to be completed, the Contractor shall make temporary pavement repairs. Said temporary repairs shall be made with asphalt cold mix and shall be maintained by the Contractor until permanent repairs can be made. Permanent repairs shall be completed prior to April 30th of the year the Winter Season ends. All excavations made prior to the beginning of Winter Season shall have permanent repairs completed by December 1st of the same year. The Contractor shall be responsible for making and maintaining the temporary repairs to the satisfaction of the DPW until the permanent repairs are completed. (f)Excavation Specifications 1.All work and repairs described herein shall be done in accordance with standards and specifications as prescribed by the DPW. 2.Any work in which untested and unacceptable materials are used without written approval of the DPW shall be removed and replaced at the Contractor's expense. 3.All excavations made, where the existing surface is concrete, shall be repaired to the full length and width of the section(s) affected. The section(s) being the area as defined by expansion joints or scoring, or as directed by the DPW. 4.All work and repairs shall conform to the existing conditions immediately surrounding where such excavation was made. All of said work and repairs shall be done to the acceptance and satisfaction of the DPW. 5.The Contractor agrees, in the event the excavation is not properly repaired (backfilled, resurfaced, and sealed) pursuant to the established standards and regulations of the DPW, and after due notice from the DPW of any defects and/or omissions, to immediately correct the defects and/or omissions in the repair. (g)Permit Fees 1.Permit Fees shall be applied upon approval of the permit. The Total Permit Fee shall be calculated as follows: Application Processing Fee + Total Inspection Fees = Total Permit Fee 2.An Application Processing Fee will be charged to all permits. Inspection Fees are calculated based on the schedule below. Pursuant to the schedule below, a Standard Excavation is defined as those excavations where there is a single excavation (square, rectangular, or circular) at a given location, whereas a Trench Excavation is defined as those excavations that generally do not exceed three (3) feet in width and span a distance greater than fifteen (15) feet. Schedule of Fees: i.Application processing fee:$25.00 ii.Inspection fees: Standard Excavation:$25.00 x No. of Excavations Trench Excavation:$3.00 x Lineal Feet of Trench [Example: $3.00 x sixteen (16) Lineal Feet of Trench = $48] iii.Thirty (30) Day Permit Extension fee:$100.00 3.Permit fees may be waived at the discretion of the DPW for City owned utilities and planned City construction projects. (h)Inspection 1.It shall be the responsibility of the Contractor to contact the DPW and request an inspection for all excavations within five (5) working days of completion. 2.The DPW shall inspect each excavation for which a permit has been issued to ensure that the excavation has been properly repaired, and to give notice (if applicable) to properly repair the excavation in the event that the restoration is not completed within the allotted time or is inadequately or improperly completed by the Contractor.On final inspection, the DPW shall record the completion date of the excavation, close the permit, and shall note, if applicable, any moneys expended by the City on behalf of the Contractor in completing the excavation. (i)Enforcement 1.Whenever the DPW has reason to believe that a violation of any provision of this section, or a rule or regulation issued pursuant thereto, has occurred, it may cause a written notice to be served upon the alleged violator(s). The notice shall specify the provisions of this section, rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable time. Any such order shall become final unless, no later than ten (10) days after the date such order is served, the person(s) so served request, in writing, a hearing before the Board of Public Works and Safety. In lieu of such order, the Board of Public Works and Safety may require that the alleged violator(s) appear before it for a hearing at a time and place specified in the notice, to answer the charges complained of, or the DPW may initiate appropriate action for the recovery of penalty pursuant to this section. 2.Additionally, the DPW may order the work stopped on that portion of an excavation site deemed to be in violation, or on all work being conducted, by issuing a Stop Work Order to the Contractor. Whenever work has been stopped at a particular excavation site, the DPW shall notify the Contractor in writing. Such written notice may be served in person or served by First Class U.S. Mail. The Stop Work Order shall specify in writing that portion of the work in violation and to be stopped. It shall be the Contractor's responsibility to ensure that the Stop Work Order is complied with. Any Contractor who shall continue or permit to be continued any work on a stopped excavation site, or portion thereof, other than corrective work, shall be in violation of this Code and be subject to the penalties as set forth in subsection (k) (Penalties). 3.In the event that street excavations are not properly filled, closed, and sealed in accordance with this Section (96.10), the DPW may proceed to properly close and resurface the excavation, and shall bill the Contractor for the cost of labor and material required to properly close and resurface the excavation. The Contractor shall agree to reimburse the City for costs so incurred. (j)Voluntary Repair or Construction of Sidewalks No permit shall be necessary for any curb and sidewalk repair or construction performed pursuant to Section 96.35. (Ord. 36-1997) (k)Penalties If any Contractor violates, or commits any act prohibited herein, or fails to perform any duty lawfully mandated, within the time prescribed by the DPW, or fails, neglects, or refuses to obey any lawful order given by the DPW in connection with the provisions of this section, Contractor shall be fined One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense within a calendar year.Each such violation, act, failure, or refusal, and every day the aforementioned continues shall constitute a separate offense. ((‘72 Code, 4.13) (Ord. 1663-1958; Ord. 1862-1961) (Ord. 36-1986) (Ord. 58-1991) (Ord. 52-1992) (Ord. 38-1997) (Ord. 38-1997) (Ord. 28-2013) 96.11 STREETS UNDER REPAIR No person shall drive any vehicle on any street under repair except by permission of the person in charge of the repairs, or except to reach or leave any property not otherwise accessible. No person shall injure, remove, or tamper with any material, equipment, or guards used in the construction or repair of any street. (‘72 Code, 4.14) (Ord. passed 10-5-1891) Penalty, see 10.99 96.12 INSTALLATION OF UTILITIES WHEN PAVING STREET (a)Inspection of underground utilities Before the roadway of any street or alley within the city is permanently improved it shall be the duty of every public utility that is using the street or alley or any part thereof for gas, water, or similar pipes or conveniences, to carefully and thoroughly inspect and make all needed or necessary repairs to all pipes, which shall include all service pipes then in use or theretofore laid in the s treet or alley, so as to make all pipes and all connections thereto in a high state of efficiency and in first class condition in all respects. It shall likewise be the duty of the owners of property abutting on the street or alley to make all new private connections with sewer, gas, water, and other similar pipes and conveniences, and to bring the connections inside the curb line of the street and outside of the line of the alley, within 30 days after the adoption of the preliminary resolution by the Board of Public Works and Safety or other legal authority of the city ordering the permanent improvements of the street or alley and the publication of notice as by law provided. Macadamizing or resurfacing with macadam or other material shall be deemed a permanent improvement within the meaning of this section. (b)Notice to owner to connect to utilities Whenever the Board of Public Works and Safety or other legal authority of the city shall adopt a resolution for the permanent improvement of the roadway of any street or alley or part thereof, it shall declare in the resolution its intention of making, by contract and at the owner’s expense, all private connections with sewer, gas, water, and other like pipes and conveniences, and of bringing the connections inside the curb lines of the street and outside of the line of the alley for each lot, where it has not already been done by the abutting property owner or other person or corporation for the use and benefit of any owner. The declaration of the Board’s intention shall be made a part of the notice concerning the street or alley improvements as required by law. On default of any owner making the connection within the time specified, the Board shall proceed to do so at the owner’s expense, and the expense shall be a lien on the property affected and collectible in the same manner as expenses for other street and sewer improvements. The work of making the private connections and bringing them within the curb line of the street or outside of the line of t he alley at the expense of the abutting property owner shall be included in the general contract for the permanent improvement of the street or alley. (c)Connection by city; lien Bidders on the improvement of any street or alley shall state the amount bid per lineal foot on account of each kind of private connections with sewer, gas, water, or other like pipes and conveniences, and of bringing them within the curb line of the streets and outside of the line of the alleys including curb box and curb co ck where not already done. The cost shall be charged by the Board to the owner of the property on the assessment roll, and the amount shall be a lien on the property and collectible in the same manner as the costs and expenses for other street improvements. (d)Placement of utilities by city; lien Whenever the Board of Public Works and Safety or other legal authority shall adopt a resolution for the permanent improvement of the roadway of any street or alley or part thereof, it shall declare in the resolution its intention of making by contract and at the expense of every public utility, a careful and thorough inspection of all gas, water, or other like pipes or conveniences and connections in the street or alley and owned or used by any public utility and of causing to be made all needed or necessary repairs to all pipes and connections to make all the pipes and connections efficient and in first class condition in all respects. The declaration of this intention by the Board shall be set forth in the published notice given concerning the street or alley improvement. On default of any public utility to inspect and repair any pipe or connection owned or used by it within the time specified, the Board or other legal authority of the city shall proceed to do so by contract or otherwise at the expense of the utility. All the expense shall be a lien on the property of the utility used in furnishing or supplying service to the city and the inhabitants. The lien may be enforced in any appropriate proceeding or method, or the full amount of the expense may be retained by the city out of any money it owes to the utility. The work of inspecting and repairing all pipes and conveniences at the expense of the utility shall be included so far as practical in the general contract for the permanent improvement of the street or alley, and bidders on any improvement shall state the amount per day or other unit that will be charged each public utility for inspecting and repairing any pipe, in the event that the util ity fails, neglects, or refuses to do so. (e)Approval of City Engineer All work of making the private connections and bringing them within the curb lines of streets and outside of the lines of alleys, and inspecting and repairing pipes already laid,as hereinbefore provided, whether done by the owner or by contract made by the Board of Public Works and Safety, or other legal authority of the city, shall be done only under permit from and subject to the approval of the City Engineer. (f)Franchises unaffected The provisions of this chapter shall not in any manner nor to any extent lessen or abrogate any provision, stipulation, or condition contained in any franchise granted by the city to any public utility relating or pertaining to the repair of streets or alleys. These provisions are supplementary and additional to the terms, conditions, and stipulations contained in any franchise. (‘72 Code, 4.15) (Ord. 390-1914) Penalty, see 10.99 (g)All utility manholes or valves in the roadway of a city st reet or alley shall be adjusted to grade either before, while or immediately after permanent improvements are made. The utility shall perform this work in conformance with the City standards on file in the office of the City Engineer. (Ord. 58 -1991) (Ord. 38-1997) (h)Any persons violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. (Ord. 58 -1991) (Ord. 38-1997) 96.13 APPLICABLE LAWS In addition to the foregoing provisions of the Code relating to street construction, excavation, and installation of utilities, a permittee, including utilities, shall adhere to any other applicable federal, state, or local laws, rules or regulations governin g such excavation, construction or installation, including, but not limited to, the provisions of 610 IAC 5-1-13 of the Indiana Administrative Code. (Ord 126-1984) 96.14 PUBLIC UTILITY MASTER PLAN (a)Every public utility that uses the streets or alleys or any part of the city right-of-way for gas, water, telephone, electricity, or similar pipes or conveniences, shall maintain on file with the City Engineer a three year master plan for construction and repairs on any part of the utilities’ structures l ocated within the streets, alleys, or right-of-ways. The master plan shall be updated on a yearly basis. Any changes to the three year master plan shall be reported to the City Engineer for approval at least 60 days before implementing any work. In the event of emergency repairs, the utility shall give notice to the City Engineer within 48 hours after making the emergency repair. (b)Any person violating this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense and Five Hundred Dollars ($500.00) for each subsequent offense. (Ord. 58-1991) GENERAL REGULATIONS 96.20 BARBED WIRE FENCES No person shall erect or maintain barbed wire along the line of any improved street, alley, or sidewalk of the city, or around or along any grass plot located in any street, unless the fence is at such elevation or is so located that pedestrians passing along it will not come in contact with it. (‘72 Code, 4.05) (Ord. 52 -1906) Penalty, see 10.99 96.21 DEBRIS ON STREETS No person shall throw or place, or cause to be placed in the roadway of any street in the city, any nail, wire, glass, rubbish, debris, or any foreign matter of any kind. (‘72 Code, 4.06) (Ord. 224-1910) Penalty, see 10.99 96.22 SPITTING ON SIDEWALK No person shall spit on any sidewalk or on the floors, stairways, or platforms of any railway station, depot, theater, rink, public hall, or other public building within the city. Any person violating this section shall on conviction be fined in any sum not exceeding $10. (‘72 Code, 4.07) (Ord. , passed 12-1-02) 96.23 WATER FROM DOWNSPOUTS No person shall erect or maintain any downspout or conductor pipe on any building in such a manner that the water from the pipe will discharge on the surface of any improved sidewalk within the city. (‘72 Code, 4.08) (Ord. 487-1917) Penalty, see 10.99 96.24 CLEANING SIDEWALKS (a)The owner or occupant of any lot or land abutting on any improved sidewalk shall not suffer or permit any dirt, earth, soil, gravel, o r other material to be washed on or to slide onto the sidewalk. Where the abutting lot or land is elevated or terraced or is in any manner at a higher grade than the improved sidewalk, it shall be the duty of the owner or occupant of the lot or land to properly terrace, grade, or slope the property, and properly sod the terrace, grade, or slope, so that dirt, earth, soil, or gravel will be securely held in place, or to build a permanent and substantial retaining wall of such height and construction as to prevent any dirt, earth, soil, gravel, or other material from being washed or from sliding onto the sidewalk. (b)If the owner or occupant of any lot or land in the city shall fail to comply with the provisions of this section the Board of Public Works and Safety shall adopt a resolution ordering the work to be done or improvement to be made, and notice of the passage of the resolution shall be served on the owner, if he is a resident of the city, or on the occupant of the premises. If the property is unoccupied, and if the owner is a nonresident of the city, the notice of passage of the resolution shall be posted in a conspicuous place on the lot or land. If after the expiration of five days from the date of the service or posting of notice the work is not performed or improvement made, the Board of Public Works and Safety shall cause the work to be performed or made and the cost shall constitute a lien on the property, to be assessed on the land. The cost shall be placed on the tax duplicate to be collected as other taxes and improvement liens are collected. (c)It shall be the duty of the occupant, or owner if there is no occupant, of a tenement, building, lot, or parcel of land in the city, fronting on any improved sidewalk to clean the sidewalk in front of the tenement, building, lot, or parcel of land, of snow or ice, by 10:00 a.m. of each day, and to keep it clean of snow or ice. (‘72 Code, 4.09) (Ord. passed 11-16-14) Penalty, see 10.99. 96.25 DAMAGING STREETS AND SIDEWALKS No person shall break, or cut into, or in any way damage any street, alley, bridge, culvert, curb, street sign, lamp post, sewer, or other appurtenance to any street in the city. (‘72 Code, 4.11) (Ord. passed 2-5-06) Penalty, see 10.99. 96.26 PORTABLE ENGINES ON STREETS (a)No person shall operate any traction or portable engine on any public street or alley in the city unless the entire outer surface or periphery of each wheel which comes in contact with any of the street surface is equipped with a shield, band, or other similar or appropriate apparatus so that each wheel shall have smooth, plain, and level bearing surface the entire width free from all ridges, cleats, or other corrugations. (b)No person shall operate any traction or portable engine on along, or over any part or portion of any public street or alley in the city without first obtaining a permit to do so from the City Engineer. The permit shall name the person to whom issued and shall state the exact date and names of the street s and alleys over which the engine may be operated. The permit shall be issued without charge. The City Engineer shall keep a copy of all permits issued by him. (‘72 Code, 4.12) Penalty, see 10.99 BUILDING NUMBERING 96.30 BUILDING NUMBERING (a)Every house or building fronting on any street, avenue place, or court in the city shall be numbered by the owner or occupant on the front in a conspicuous place, and with figures no less than three inches in heighth. The numbering shall be done in conformity with the following plan or system. (1)On Main Street, and on all other streets running east and west and parallel with Main Street, the buildings and lots on the north sides of the streets shall be numbered with even numbers and on the south sides with odd numbers, and on all streets running, at right angles, or across Main Street north and south, the buildings and lots on the west sides of the streets shall be numbered with even numbers, and on the east side with odd numbers. (2)On Main Street and on all streets running east and west parallel with Main Street the numbering shall commence with the Whitewater River and the west branch of the river, and increase eastward and westward. On all streets running north and south at right angles, or across Main Street, the numbering shall commence at Main Street, and increase northward and southward. On all courts, places, and avenues the numbers shall commence at the places named as the beginning points, and the buildings and lots shall be numbered with odd and even numbers on the opposite side, as near as practicable in conformity with the plan hereinabove provided for other streets. On all streets, avenues, places, and courts, a number shall be assigned for every 20 feet front of ground, as near as practicable. (3)On Main Street and all streets running east and west parallel with Main Street on the east side of Whitewater River and the west branch of the river the buildings and lots west of First Street shall be numbered with numbers one and two on the proper sides, and increase eastward in consecutive odd and even numbers to First Street, then beginning with numbers 100 and 101 on the proper sides increase in consecutive odd and even numbers to Second Street, then beginning with the numbers 200 and 201 on the proper sides increase in consecutive odd and even numbers to Third Street, and in the same manner progress eastward. That after each street crossing the numbering shall begin with a new hundred corresponding to the numerical name of the crossing street. (4)On Main Street and all streets running east and west parallel with Main Street on the west side of the Whitewater River and the west branch of said river, the buildings and lots east of Southwest First Street or Northwest First Street, as the case may be, shall be numbered with numbers one and two on the proper sides, and increase westward in consecutive odd and even numbers to Southwest First Street or Northwest First Street, as the case may be, then beginning with numbers 100 and 101 on the proper sides increase in consecutive odd and even numbers to Southwest Second Street or Northwest Second Street, as the case may be, then beginning with the numbers 200 and 201 on the proper sides increase in consecutive odd and even numbers to Southwest Third Street or Northwest Third Street, as the case may be, and in the same manner progress westward, so that after each street crossing the numbering shall begin with a new hundred corresponding to the numerical name of the crossing street. (5)On all streets running north and south at right angles with or across Main Street, the buildings and lots shall be numbered beginning at Main Street with the numbers 1 and 2 on the proper sides, increase northward or south-ward, as the case may be, in consecutive odd and even number to North A and South A Streets or to Northwest A and Southwest A Streets, as the case may be, thence beginning with the number 100 and 101 on the proper sides increase in consecutive odd and even numbers to North B and South B Streets or to Northwest B and Southwest B Streets, as the case may be, then beginning with the numbers 200 and 201 on the proper sides increase in consecutive odd and even numbers to North C and South C or to Northwest C and Southwest C Streets, as the case m ay be, and in the same manner progress northward and southward, as the case may be, so that after each street crossing the numbering shall begin with a new hundred corresponding with the number of the alphabet with which the crossing street is named. (6)On all avenues, places, and courts, the buildings and lots shall be numbered commencing at the beginning points with the number 1 and 2 on the proper sides, and increase progressively toward the other end, in consecutive odd and even numbers. (b)The City Engineer shall prepare the necessary plats, books, blanks to show the proper number for every building and lot which is entitled to a number. He shall inform the owner or occupant of any building or lot of the number on application by the owner or occupant. (c)When any building or room is erected, constructed, or removed on or to any lot fronting on any street, avenue, place, or court in the city it shall be the duty of the owner or occupant of the building or room to procure the necessary certificate, and to number his building in accordance with the requirements herein within one month after the completion, removal, or occupancy of the building. On his failure or refusal to do so, the city shall cause the numbering to be done and the costs to be collected from the owner or occupant. (‘72 Code, 4.16) (Ord. passed 12-20-1880) Penalty, see 10.99 CURB AND SIDEWALK CONSTRUCTION AND REPAIR 96.35 VOLUNTARY CURB AND SIDEWALK PARTNERSHIP PROGRAM (a)Name/Purpose of Program The program established by this chapter shall be referred to as the Voluntary Curb and Sidewalk Partnership Program. The intent of this program is to encourage adjoining property owners to repair and upgrade existing curbs and sidewalks at locations where the city agrees such repair is needed. The intent is not to provide materials for curb and sidewalk construction in newly constructed neighborhoods or subdivisions. (b)Provision of Materials As one method in assuring continued upkeep of public curbs and sidewalks,the City of Richmond shall offer a program whereby the City shall attempt to provide the materials for any curb or sidewalk construction or repair when the adjoining resident or business provides the necessary labor pursuant to this chapter. This program and provision of materials shall be subject to budgetary restraints and any priorities established by the City Administration. (c)Provision of Labor Any resident or business who desires to participate in the program outlined herein and have curb or sidewalk repairs or construction performed in a specific location shall provide all necessary labor as required by the Street Division. The adjoining resident or business may perform the labor themselves or hire a contractor to perform the labor. Nothing in this chapter shall prohibit another person or entity from performing or paying for the necessary labor on behalf of any resident or business. All labor performed must conform to City standards available at the Street Division. (d)Administration of Program This program shall be administered by the Street Division of the Department of Public Works and Engineering. The Street Division will adopt reasonable procedures for the orderly administration of this program. (e) Funding of Program This program shall be funded from the non-reverting infrastructure fund established by Ordinance No. 134-1996, which contains donations from property owners receiving tax abatements. Nothing in this section shall prevent other funds from being used for this program as needed. (f)Neighborhood Associations and Civic Organizations Neighborhood Associations, Civic Organizations, and others are encouraged to utilize this program to assist those who are financially or physically incapable of providing the necessary labor for curb or sidewalk repair or construction. (Ord. 36- 1997) 96.99 UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause, or phrase of this Chapter be properly declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected thereby. (Ord. 28-2013)