City of Eureka

CHAPTER XIII. STREETS AND SIDEWALKS

June 05, 2010

 

Article 1. Sidewalks

Article 2. Streets

Article 3. Trees and Shrubs

Article 4. Snow and Ice

 

 

 

ARTICLE 1. SIDEWALKS

 

13-101. PERMIT REQUIRED. It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the city clerk. (Code 1993)

 

13-102. SIDEWALK GRADE. Hereafter all sidewalks constructed or recon¬structed in the city shall be constructed on the established grade. When the governing body shall order a sidewalk constructed as hereafter provided, the city shall pay the cost of bringing the street to grade for the sidewalk. Where no grade has been established, the owner of abutting property may construct a sidewalk on the natural grade. If the

grade has been established, the city clerk shall furnish the property owner with the official grade by reference to a stated distance above or below the street grade. (K.S.A. 12-1801, 12-1807; Code 1965, 9-201; Code 1993)

 

13-103. SAME; SPECIFICATIONS. Hereafter all sidewalks shall be of single- course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the office of the city clerk as provided by K.S.A. 12-1802. It shall be unlawful for any person, firm or corporation to construct, reconstruct or repair any sidewalk except as provided by this article. (Code 1965, 9-

202:203; Code 1993)

 

13-104. SAME; PETITION. When a petition signed by no fewer than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a resolution, order such sidewalk constructed as herein provided. (K.S.A. 12-1803; Code 1993)

 

13-105. SAME; CONDEMNATION, RECONSTRUCTION. When any sidewalk, in the opinion of the governing body, become inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the construction of a new walk in the place of the walk condemned.

(K.S.A. 12-1804; Code 1965, 9-204; Code 1993)

 

 

13-106. NOTICE; PUBLICATION. The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after its publication one time in the official city paper in which to construct or cause to be constructed or reconstructed the sidewalk at his or her own expense. If the sidewalk is not constructed by the property owner within the time specified, the governing body shall cause the work to be done by contract. (K.S.A. 12-1805; Code 1993)

 

13-107. RIGHT OF ABUTTING OWNER. Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance with official plans and specifications for the purpose and which meet such other requirements as would have to be met if the sidewalk were constructed or reconstructed by the city, to construct or reconstruct a sidewalk without any petition or a condemning resolution by the governing body. If such property owner desires the sidewalk to be constructed and reconstructed by the city and an assessment levied as provided by law in other cases, he or she shall file a request with the governing body. The governing body, in its discretion, may provide for the construction or reconstruction of the sidewalk requested in the same manner as in other cases where citizens or taxpayers petition the governing body. (K.S.A. 12-1806; Code 1993)

 

13-108. REPAIRS BY OWNER OR CITY. It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days' notice to the owner or his or her agent, if known, of the necessity for making repairs or without notice if the lot or piece of land is unoccupied, make all necessary

repairs at any time. The same shall be done and the cost thereof assessed against the lot or piece of land abutting on the sidewalk so repaired as may be provided by law. (K.S.A. 12-1808; Code 1993)

 

13-109. PERFORMANCE, STATUTORY BOND. In any case where the recon¬struction or construction of a sidewalk is required to be done by contract as provided in section 13-106 hereof, the governing body may require the contractor to give a bond for the faithful performance of the contract and for the construction of the sidewalk in accordance with the plans and specifications, ordinances of the city or laws of Kansas, and for all contracts exceeding $1,000 entered into by the city for any such purpose a statutory lien bond required by K.S.A. 60-1111 shall be furnished.

(Code 1993)

 

13-110. OBSTRUCTING SIDEWALKS. It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, goods, containers, benches, display or show cases, on any sidewalks or other public ways in the city or to obstruct the same longer than is necessary for loading or unloading any such article or object. (Code

1993)

 

13-111. SAME; EXCEPTION. The governing body may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use or encumber such sidewalk or public way of the city during the construction of any building or improvement thereon. No permit shall be issued for such purpose until plans for warning and safeguarding the public during such use of sidewalks shall have been submitted by the owner or his or her contractor and approved by the governing body. (Code 1993)

 

ARTICLE 2. STREETS

 

13-201. EXCAVATION PERMIT. No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement through private property without first having secured a permit for such excavation. Application shall be made to the city clerk. (Code 1965, 9-102; Code 1993)

 

13-202. SAME; BOND. (a) No permit authorized in this article shall be issued until the applicant has given to the city a good and sufficient bond in the sum of $1,000 conditioned that the applicant will faithfully comply with all the terms and conditions of this article, and will indemnify and hold the city harmless against all costs, expenses, damages and injuries by persons or by the city sustained by reason of the carelessness or negligence of the permit holder. No bond for this purpose shall run for longer than two years without being renewed. The bond shall remain in full force and effect as to each excavation for two years after the same has been made or completed.

(b) Any utility operating under a franchise or a contractor under contract with the city for municipal improvement shall not be required to give bond as provided in subsection (a).

(c) Each bond given under this section shall be approved by the city attorney and filed with the city clerk. (Code 1965, 9-103; Code 1993)

 

13-203. SAME; FILED. If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee of $5.00. Each permit issued under the provisions of this section shall cover only one specified excavation. (Code 1993)

 

13-204. SAME; BARRICADES. Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barri¬cades and danger signs at all times, and shall maintain sufficient warning lights or flares at nighttime. The holder of an excavation permit shall take all necessary precautions to guard the public against all accidents from the beginning of the work to the completion of the same. (Code 1965, 9-105; Code 1993)

 

13-205. SAME; UNLAWFUL ACTS. It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto.

(Code 1965, 9-106; Code 1993)

13-206. CUTTING CURBS; PAVEMENT. (a) No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing the same from the city clerk.

(b) Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavation was made.

 

(c) In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street superintendent.

(Code 1965, 9-108; Code 1993)

 

13-207. ALTERING DRAINAGE. No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alteration has been authorized or directed by the governing body. (Code 1993)

 

13-208. UNFINISHED PAVEMENT. No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic. (Code 1993)

 

13-209. USING STREETS. (a) No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the governing body.

(b) No person may use any portion of any sidewalk or street right-of- way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, however, shall be construed as prohibiting the city governing body from temporarily waiving the prohibition of this subsection in connection with community promotions or community-wide celebrations when such waiver is considered to be in the best interest of the city.

(Code 1965, 9-109; Code 1993)

 

13-210. DANGEROUS OBJECTS IN. It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire or other dangerous objects that might wound any person or animal, or cut or puncture any pneumatic tire while passing over the same. (Code 1993)

 

13-211. PETROLEUM PRODUCTS IN STREETS. It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or public grounds of the city, or willfully to permit the same to be spilled, dripped or otherwise to come into contact with the surface of any street, alley, or sidewalk within the city.

(Code 1993)

 

13-212. DISCHARGING WATER ON STREETS. It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a stream thereon. This section shall not apply to persons cleaning or flushing such streets,

avenues or alleys under the authority of the governing body, nor to members of the fire department. (Code

1993)

 

13-213. BURNING IN STREETS. It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city. (Code 1993)

 

 

13-214. THROWING IN STREETS. It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle. (Code 1993)

 

13-215. HAULING LOOSE MATERIAL. It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle so constructed or maintained as to prevent the splashing or spilling of any of the substances therein contained upon the streets or alleys. (Code 1993)

 

ARTICLE 3. TREES AND SHRUBS

13-301. TRIMMING. It shall be the duty of the owners of property abutting any street, avenue, alley or parking to cut and trim the branches and limbs of any trees or shrubbery located in the parking or on their property so that they will not hang down over any sidewalk or the traveled portion of any street or avenue less than seven feet above the level of such sidewalk and not hang down over the traveled portion of any street or avenue less than 12 feet above the level of such street or alley.

(Ord. 3823, Sec. 1)

 

13-302. TRAFFIC HAZARD. If the chief of police determines that any tree or shrubbery located upon any street, alley, avenue or parking constitutes a traffic hazard, by dangerously obstructing the view of drivers of vehicles entering a street from an intersecting street, he or she shall notify the owner of the abutting property to remove the same, and it shall be the duty of such person to remove the same.

(Code 1965, 9-402)

 

13-303. CITY MAY TRIM OR REMOVE; SPECIAL ASSESSMENT. If the governing body determines that the owner of property abutting upon any street, alley, avenue or parking has failed to comply with the requirements of sections 13-301:302, he or she shall after reasonable notice and direction to the owner to comply therewith, cause the work to be done by the city, and the cost of work shall be assessed against the abutting property as a special assessment, to be collected. The city clerk shall certify the same to the county clerk to be entered on tax rolls and collected in the same manner as real property taxes. Such notice and directions shall be given to the owner of abutting property the city clerk by mail addressed to the owner's last known address, or if the same is unknown to the city clerk, then by posting such notice on the abutting property. (K.S.A. 12 3201; Code

1965, 9-403)

 

 

13-304. DISEASED OR INFECTED TREES; SPECIAL ASSESSMENT. Whenever any competent city authority, or competent state or federal authority when requested by the governing body, shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbors any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of

the owner of the premises to treat or remove any such designated tree, tree material or shrub within a time

specified in such notice; the notice shall be served by the city marshal or other police officer, by delivering a copy thereof to the owner, or agent of such property or if the same be unoccupied and the owner a

nonresident, then the city clerk shall notify the owner by mailing a notice to his or her last known address. If the

owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the superintendent of streets and parks shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk, and the cost of such treatment or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree material or shrub was located. The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. (K.S.A. 12 3204; Code 1965, 9 404)

 

13-305. TREE BOARD; CREATION AND ESTABLISHMENT. There is hereby created and established a city tree board for the city which shall consist of six members, citizens and residents of this city, who shall be appointed by the mayor with the approval of this city council. (Ord. 2572, Sec. 1)

 

13-306. SAME; TERM OF OFFICE. The term of the six persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. (Ord. 2572, Sec. 2)

 

13-307. SAME; COMPENSATION. Members of the board shall serve without compensation. (Ord. 2572, Sec.

3)

 

13-308. SAME; DUTIES AND RESPONSIBILITIES. It shall be the responsibility of the board to study, investigate, council and develop and/or update annually a written plan for the care, preservation, trimming,