Chapter 13 Streets and Sidewalks

CHAPTER XIII. STREETS AND SIDEWALKS

Article 1. Sidewalks
Article 2. Streets
Article 3. Driveway and Driveway Approaches
Article 4. Trees and Shrubs
Article 5. Snow and Ice

ARTICLE 1. SIDEWALKS

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 2001)
SIDEWALK GRADE. Hereafter all sidewalks constructed or reconstructed 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 2001)
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 2001)
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. § 12-1 803; Code 2001)
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 2001)
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 2001)
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 2001)
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 2001)
PERFORMANCE, STATUTORY BOND. In any case where the reconstruction 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 2001)
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 2001)
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 2001)

ARTICLE 2. STREETS

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 2001)
SAME; BOND.
- 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 $5,000 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.
- 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).
- Each bond given under this section shall be approved by the City Attorney and filed with the City Clerk. (Code 2001)
SAME; FILED. If the application is approved by the city, the City Clerk shall issue a permit upon payment of a fee of $5. Each permit issued under the provisions of this section shall cover only one specified excavation. (Code 2001)
SAME; BARRICADES. Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades 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 2001)
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 bamers, barricades, or lights placed in any street to guard and warn the traveling public of any construction work thereon or adjacent thereto. (Code 2001)
CUTTING CURBS; PAVEMENT.
- 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.
- 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.
- 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. (Ord. 287; Code 2001)
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. (Ord. 287; Code 2001)
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 2001)
USING STREETS.
- 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.
- 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 2001)
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 2001)
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 2001)
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 2001)
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 2001)
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 2001)
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 2001)

ARTICLE 3. DRIVEWAYS AND DRIVEWAY APPROACHES

DEFINITIONS. Unless otherwise expressly stated or the context clearly indicated a different intention, the following terms shall, for the purpose of this article have the following meanings:
- "Driveway" means a place on private property for the operation of motor vehicles.
- "Driveway Approach" means an area between the public street or roadway and private property intended to provide access for vehicles from the roadway or street to private property. (Ord. 73, Sec. 1)
UNLAWFUL ACT. It shall be unlawful for any person to construct a driveway approach within the city except a authorized by this article. (Ord. 73, Sec. 2)
MINIMUM WIDTH. No driveway approach shall be less than 12 feet in width. (Ord. 73, Sec. 3)
Minimum size of culvert. The culvert used in the construction of a driveway approach shall not be less than 12 inches in diameter or the equivalent of same. (Ord.73, Sec. 4)
COSTS OF CONSTRUCTION. The total costs of the construction of a driveway approach, including the furnishing of a culvert or tube if necessary for the construction of same, it shall be paid by the abutting property owner. (Ord. 73, Sec. 5)
SPECIFICATIONS OF CITY. Every driveway approach shall be constructed under the supervision and specifications of the city which specifications shall include the width thereof and the diameter of the culvert used therein. (Ord. 73, Sec. 6)
REMOVAL BY CITY; COSTS. The city is authorized to order and effect the removal or reconstruction of any driveway approach which is not constructed according to the specifications of the city. The cost of removing or reconstructing such driveway approaches shall be at the expense of the abutting property owner. (Ord. 73, Sec. 7)
APPEALS. Any decision or specification of the city may be appealed to the city council, provided such appeal is field in writing with the City Clerk within 10 days after the issuance of the decision or specification complained of. (Ord.73, Sec. 8)

ARTICLE 4. TREES AND SHRUBS

PROPERTY OWNERS DUTY TO MAINTAIN. It shall be the duty of all persons owning or controlling any real estate in the city, abutting or adjoining any Street or avenue, to trim and keep trimmed the trees, brush, growth and undergrowth on their premises and the premises over which they exercise any control or which may be adjacent to the property owned by them. The growth, limbs and undergrowth therefrom shall not hang or extend down over any sidewalk less than eight feet from the level of such sidewalk nor less than thirteen feet six inches over any street or avenue from the level of the street or avenue. This shall include but not be limited to trees, brush, growth and undergrowth located on the city right-of-way when same is adjacent to the owners property. (Ord. 245, Sec. 1)
DISTANCE FROM CURB, SIDEWALK AND FIREPLUG. No tree shall be planted closer than three feet to any curb or sidewalk. No tree shall be planted closer than 10 feet to any fireplug. (Ord. 245, Sec. 2)
PUBLIC TREE CARE. The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The city may cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. Any person, owning or controlling any real estate in the city, abutting or adjoining any street or avenue, shall have the right to remove any tree, plant or shrub located on the public right-of-way as long as such person has obtained the approval of the designated representative of the Governing Body of the city prior to any such removal. (Ord. 245, Sec. 3)
OBSTRUCTING VIEW PROHIBITED. In all areas on public or private property at any corner formed by two intersecting streets, it shall be unlawful to install, set out, maintain or allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to view, within that triangle formed by the centerline of the intersecting streets drawn from the point of intersection back a distance of 90 feet with a line drawn to form a base. Traffic signs placed under the authority of the city marshal or other law enforcement officer shall not be considered a violation of this article. These provisions shall also not apply to permanent buildings, public utility poles, hedges trimmed to a height of less than 33 inches above gutter grade trees, the limbs of which are at all times kept trimmed of limbs and sucker or other growth on the trunk to a height of at least eight feet above the ground level or the limbs of which overhang the public street and are at all times kept trimmed of such growth to a height of at least 13 feet and six inches above the street level; or plant species not planted in the form of a hedge, which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; ornamental fence not exceeding four feet in height, provided the ratio of the solid portion of the fence to the open shall not exceed one to four; official warning signs or signals; places where the contour of the ground is such that there can be no cross visibility at the intersection; or to signs mounted 10 feet or more above the ground whose supports do not constitute an obstruction. (Ord. 245, Sec. 4)
DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY. The city shall have the right to cause the treatment or removal of any dead or damaged or diseased trees on private property within the city, when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees with the city. (Ord. 245, Sec. 5)
ABATEMENT OF VIOLATION. When a violation of this article is alleged, the city shall give notice in writing, by mail, to the property owner or person in control of the property of the violation. The notice shall specify the violation and describe the action which must be taken to alleviate the violation. The notice shall allow a 30 day period during which the violator must alleviate the violation or file a petition with the city council for a variance from the ordinance. If the violation is not satisfactorily alleviated within 30 days, the city may cause the work to be done and charge the cost of the work to the property owner through assessment against the property on the owners taxes. (Ord. 245, Sec. 6)
REMOVAL OF TREE STUMPS. Whenever a tree has been removed from public or private property the person causing the removal will also remove any remaining tree stump to a level below the adjacent ground. (Ord. 245, Sec. 7)
EXEMPTION. Any person seeking exemption from the requirements of this ordinance may do so by filing a variance petition with the Governing Body. On the filing of such a petition the Governing Body shall receive evidence and hear arguments on the proposed variance and may grant same by a majority vote of the Governing Body. (Ord. 245, Sec. 8)

ARTICLE 5. SNOW AND ICE

SNOW AND ICE TO BE REMOVED.
- It shall be unlawful for the owner and/or the occupant of any lots abutting upon any sidewalks to fail to cause to be removed from such sidewalks all snow and ice within 12 hours from the time that the snow fall or ice storm ceases. if the snow falls or ice accumulates upon the sidewalks in the nighttime, removal of same must be made within 12 hours after sunrise on the following day.
- It shall be unlawful for any person to place snow removed from private property upon any public street, alley or sidewalk. (Code 2001)
SAME: EXCEPTION; ALTERNATE REMEDY. Where there shall be ice or compacted snow on any such sidewalk of such a character as to make it practically impossible to remove the same, the sprinkling of ashes, sand or other noncorrosive chemicals on the accumulation of ice or snow in such a manner as to make such sidewalk reasonably safe for pedestrian travel shall be deemed a sufficient compliance with the provisions of this article until the ice or snow can be removed. (Code 2001)
SAME; PENALTY. That any person violating the provisions of section 13-501 shall, upon conviction, be fined $25. (Code 2001)
REMOVAL MAY BE MADE BY CITY. If any owner or occupant of any lot or lots shall refuse or neglect to clean or remove from the sidewalk abutting the lot or lots all snow and ice within the time specified, the city may cause such snow and ice to be removed from sidewalks and the cost thereof shall be assessed against such abutting lot or lots, and the City Clerk shall certify the same to the county clerk for collection as provided by law. (Code 2001)
COSTS ON TAX ROLLS. The City Clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for removal of snow or ice performed under the authority of section 13-504 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city. (Code 2001)