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HomeMy WebLinkAbout96-6-5503576 ORDINANCE NO. 96-6- 4 �6 3 AN ORDINANCE CREATING SECTIONS 101.15 THROUGH 101.21, 101.35 THROUGH 101.36,101.40 THROUGH 101.42 AND 101.60 THROUGH 101.61 OF CHAPTER 101, STREETS AND SIDEWALKS OF THE CODE OF ORDINANCES OF PADUCAH,KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 101. 15, Maintenance within the Right of Way, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "Section 101 .15 Maintenance within the Right of Way. The property owner shall be responsible for maintaining, in a clean and sanitary condition, the sidewalks, ditches, curbs and gutters, driveway pipes, drainage pipes, and unpaved/undeveloped portion of rights of ways abutting such premises, and to keep the aforementioned in good repair." SECTION 2. That Section 101.16, Curb, Gutter, and Sidewalk Replacement Agreement, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky. "Section 101.16 Curb, Gutter, and Sidewalk Replacement Agreement. In order to encourage and support the integrity of the existing infrastructure facilities within the City right of way, the City will 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 Engineer, and the property owner, whereas, the City shall be responsible for the actual construction work necessary to replace and/or repair curbs, gutters, and/or sidewalks, and the adjoining property owner shall be responsible for the purchase of the concrete required to perform the required work. The purpose of this assistance by the City shall be to replace existing curbs, gutters, and/or sidewalks located in the right of way that are in need of repair and not for the purpose of construction of new curbs, gutters, and/or sidewalks or construction of same on private property or reconstruction of same for cosmetic purposes only. Curbs, gutters, and/or sidewalks damaged by property owners or replaced for the convenience of the owner shall be the sole responsibility of the property owner. The City Engineer shall be the sole judge as to which curbs, gutter, and/or sidewalks are in need of replacement and/or repair under this replacement program. The City Engineer shall be the interpreter of this replacement ordinance, and any questions or unusual circumstances which might arise regarding this chapter shall be resolved by the City Engineer." SECTION 3. That Section 101. 17, Installation and Maintenance of Driveway Entrance Pipes, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read as follows: 577 "SECTION 101.17 Installation and Maintenance of Driveway Entrance Pipes. In order to encourage and support the integrity of the existing infrastructure facilities within the City right of way, the City will provide assistance to the property owner in the installation or reinstallation of driveway entrance pipes within the City right of way. The Property owner shall be responsible for driveway pipes on private property. This work shall commence upon execution of an agreement between the City and the property owner, whereas, the City shall y be responsible for the actual construction work necessary to place, install, or reinstall driveway entrance pipes, and the property owner shall be responsible for the purchase of the pipe required. A. The City Engineer will inspect the drainage ditch and/or existing driveway entrance pipe and inform the property owner of the required pipe size. All driveway entrance pipes shall meet the specifications as set forth by the City Engineer. The minimum driveway pipe size shall be 12" (twelve inches) in diameter. B. The property owner shall be responsible for supplying the required pipe as set forth by the City Engineer. C. The City shall be responsible for driveway entrance pipe installation, reinstallation, and/or maintenance within the right of way as follows: 1. The City will install a new driveway entrance pipe in an open drainage ditch upon request by the adjacent property owner after the new pipe has been delivered and is on site. 2. The City will remove an existing damaged driveway pipe and install a new driveway pipe at the existing driveway entrance upon request by the adjacent property owner after the new pipe has been delivered and is on site. 3. If an existing driveway pipe is blocked with natural material (such as leaves), which impedes the flow of the drainage facility, the City shall clear the blockage. 4. If a driveway pipe is blocked due to the pipe being damaged or - collapsed, the City shall attempt to clear the blockage and shall notify the property owner that the pipe will need to be repaired or replaced. 5. If an existing driveway pipe is too small in diameter to carry sufficient flow of the drainage facility, the City shall notify the property owner that the pipe will need to be removed and a new pipe will need to be installed in the drainage ditch. 6. If an existing driveway pipe is laid at an improper grade, and the pipe is in good condition, the City shall remove the pipe and reinstall the pipe at the proper grade. aft 7. If an existing driveway pipe is laid at an improper grade, and the pipe is damaged, the City shall notify the property owner that a new pipe will need to be installed at proper grade. D. The City shall install and/or'reinsiall the specified driveway pipe to proper grade and cover with granular material. In cases where pipe is being replaced, the City shall remove the existing pipe and install the new pipe and cover with granular material. The City shall not install any other type of material, nor will additional granular material be supplied after initial installation of the pipe. The City shall not be responsible for the replacement of any existing driveway improvements." SECTION 4. That Section 101. 18, New Development or Redevelopment, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.18 New Development or Redevelopment When property is developed and/or redeveloped, it shall be the sole responsibility of the property owner and/or developer to replace and/or construct curbs, gutters, driveway entrance aprons, and/or sidewalks at the property owner/developer's own cost in order to conform to the current City of Paducah ordinances, standards, designs, and specifications. All work done within the City right of way shall require a right of way permit and shall be in accordance with the provisions of this chapter, City of Paducah Engineering standards, and additional related ordinances as they may apply." SECTION 5. That Section 101.19, Driveway Entrance Aprons, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.19 Driveway Entrance Aprons A property owner is responsible for the total cost of construction and replacement of driveway entrance aprons. The City shall not share in this cost. All work done within the City right of way shall be in accordance with the provisions of this chapter and the City of Paducah Engineering standards." SECTION 6. That Section 101.20, Street Shoulders, Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.20 Street Shoulders. The City shall not maintain an area adjacent to an improved street which has not been improved pursuant to City Engineering standards and is being used by adjoining residents as a parking area, nor shall the City furnish granular material or any other type of material, or keep this area graded. If this area causes a blockage and prevents proper drainage, at the option of the City Engineer, the City will perform whatever work is necessary to maintain proper drainage. If the City Engineer determines that this type of activity in any way violates or impedes traffic safety, traffic movement, safety of other citizens, development of the City's infrastructure, damage to the City's infrastructure, or any other provisions within this chapter, City Engineering 579 standards, and/or additional related ordinances, then the City Engineer shall notify the property owner to remove the improvements within the right of way, or the City may perform whatever work is necessary to remove the improvements within the right of way." SECTION 7. That Section 101.21, Undeveloped Right of Way, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.21 Undeveloped Right of Way The City shall not maintain an area within the undeveloped right of way which has not been improved pursuant to City Engineer standards and is being used by adjoining property owners as private access, driveway, or parking area, nor shall the City furnish bituminous asphalt, Portland cement concrete, dense graded aggregate, granular material or any other type of fill or improvement, or keep this area graded. If this area causes a blockage and prevents proper drainage, at the option of the City Engineer, the City will perform whatever work is necessary to maintain proper drainage. If maintenance, repair, or installation of any utility is required within any of these areas, the City and/or utility company shall be able to remove any improvements within the right of way as may be necessary. If the City Engineer determines that this type of activity in any way violates or impedes traffic safety, traffic movement, safety of other citizens, development of the City's infrastructure, damage to the City's infrastructure, or any other provisions within this chapter, City Engineering standards, and/or additional related ordinances, then the City Engineer shall notify the property owner to remove the improvements within the right of way, or the City will perform whatever work is necessary to remove the improvements within the right of way." SECTION 8. That Section 101.35, Agreements as to Repair Work in Lieu of Cash Deposit or Bond, of Chapter 101, Streets and Sidewalks, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: Bond. "SECTION 101.35 Agreement as to Repair Work in lieu of Cash Deposit or (A) Upon adoption of an ordinance by the Board of Commissioners, a person doing his own excavation and reconstruction work pursuant to this article and having property within the City assessed for taxes in a sum in excess of five hundred thousand dollars ($500,000.00) may, in lieu of making the deposit or filing the bond, enter into an agreement with the City agreeing to perform all labor and furnish all materials necessary for replacing, backfilling or reconstructing the openings made by him in streets, sidewalks, grassplots, alleys or other public ways and for restoring the same to their former condition and in a manner to be approved by the Engineering Department. In the event such person shall fail to do such reconstruction work or to restore the streets in a manner approved by the Engineering Department, such person binds himself and agrees to pay to the City, on demand, whatever expense the City shall be required to incur 0 to restore such streets, sidewalks, grassplots, alleys or other public ways to their former condition and in such manner as will be satisfactory to the City Engineering Department, the amount of such expense to be determined by the City Engineer. (B) The agreement referred to in subsection (a) shall remain and continue in full force and effect until terminated, either by the repeal or amendment of p this section by the Board of Commissioners or upon written notice given by such person to the City ninety (90) days prior to the election of such person to terminate the agreement and to comply with such other ordinances or provisions of ordinances then in effect relating to the digging, opening or excavating of streets, sidewalks, grassplots, alleys and other public ways." SECTION 9. That Section 101.36, Agreement in Lieu of Liability Insurance, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.36 Agreement in lieu of Liability Insurance. Upon adoption of an ordinance by the Board of Commissioners, a person doing his own excavation and reconstruction work pursuant to this article and having property within the City assessed for taxes at a sum in excess of five hundred thousand dollars ($500,000.00) may, in lieu of obtaining liability insurance covering accidental injuries and damages arising out of his own excavation and reconstruction work, enter into an agreement with the Board of Commissioners of the City, satisfactory in form to such Board, agreeing to indemnify and save harmless the City from any loss, damage, or expense to the person or property of anyone, including the City, its agents, servants or employees, occasioned by or growing out of any excavation or reconstruction work performed by and as a result of the negligence of such person, under the terms of this article; to defend any and all actions instituted against the City on account of accidental injuries to persons or damage to their property arising out of such excavation and reconstruction work; and to pay all court costs, attorney fees and other litigation expense which the City may be required to incur in such suit or suits. Whenever the City undertakes the performance of the replacement or reconstruction work for any person who has entered into such an agreement, the City shall obtain and keep in force, until such reconstruction work has been completed, a liability policy in the amount specified indemnifying it against any loss or liability arising from or which may be imposed by law upon it by reason of the excavation and reconstruction work, and the premium for such policy shall be deemed to be a part of the costs of the work and paid to the City by such person." SECTION 10. That Section 101.40, Notice to Property Owner, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "Section 101.40 Notice to Property Owner Whenever circumstances are such, in the opinion of the City Engineer, that the curb, gutter, and/or sidewalk constitutes an immediate safety hazard, or that an existing driveway 581 entrance pipe will need to be removed and a new pipe installed, or that any other provision within this chapter needs to be enforced, and it becomes necessary to effect repairs, and in order to maintain in a reasonable safe condition for the use of the public, the City Engineer, shall cause a notice in writing to be given to the property owner of the property abutting such facility requiring immediate repair and/or work. This notice shall inform the recipient of the necessary repairs required and request that the recipient proceed immediately to accomplish the work within a period of 30 (thirty) days after receipt of the notice. The notice shall be sufficient if given according to any of the following methods: 1. To the owner personally. 2. To the owner by first class mail at the last known address of the owner of the said real property as it appears on the current tax assessment roll. 3. To the occupant, tenant or resident of the premises, or person having control or management of the premises delivered personally or by first class mail. 4. If the last known address is known to be faulty, and the current owner cannot be located, an affidavit of diligent search may be filed, and no further written notice is required. Such notice shall: 1. Be in writing. 2. Include a description of the property sufficient for identification, i.e. the property address. 3. Include a statement of the necessary repairs and /or work required. 4. Allocated time period for the work to be completed. 5. Include an estimated cost which will be assessed to the property owner." SECTION 11. That Section 101.41, Property Owner Response to Notice, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.41 Property Owner Response to Notice It is the duty of the property owner, within 30 (thirty) days of receipt of the notice to proceed with the required repairs as specified in the notice. At this time, the property owner may elect to have the reconstruction work done by a private contractor, proceed with the required work himself, or enter into an agreement with the City as described in Section 101.16. A property owner who elects to have the required work performed by a private contractor or proceed with the work himself, shall be responsible for the entire cost associated with the work. All work done within the City right of way shall require a right of way permit and shall be in accordance with the provisions of this chapter and the City of Paducah Engineering standards." SECTION 12. That Section 101.42, Assessment of Work Done by City - Lien Procedure, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.42 Assessment of Work done by City - Lien Procedure In the event the recipient of the notice does not cause the necessary repair work to be completed within the allotted time period from receipt of the notice, the City Engineer is authorized to bring about the completion of the necessary repairs. The City shall have the right to assess against the property owner all costs incurred by the City in the completion of the necessary repairs, and additionally, the City shall have a lien against the property benefited by the repairs. 582 In extreme hardship cases, the City Commission, based on a recommendation by the City Manager and the City Engineer, may adopt a Municipal Order to waive the costs associated with the required repairs or to enter into an agreement with the property owner which would establish installment payments over a noted time period. The City Engineer shall notify the property owner of the assessment in writing. In the event the property owner fails to remit the cost as assessed within thirty (30) days of the C�, notice, the City Engineer shall take the necessary steps to place alien against the property in the office of the County Clerk of McCracken County, Kentucky, in the amount of the unpaid assessment. The lien shall remain in full force and effect for the amount due in principal and interest, and all other related costs and expenses, including but not limited to attorney fees, legal services and court costs, for collection, until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by .law." SECTION 13. That Section 101. 60, Enforcement by City Engineer, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.60 Enforcement by City Engineer The City Engineer, shall enforce the provisions of this chapter, and all construction subject to the provisions and specifications of this chapter shall be under his supervision. The City Engineer is hereby authorized to give all notices and instructions with reference to any construction subject to the provisions of this chapter. The decision of the City Engineer with reference to such work and with reference to all materials whether free or incorporated in the work shall be fully binding on all parties in interest, and such decision shall be in all cases strictly in keeping with the intent and purpose of this article and free from all bias and unfairness." SECTION 14. That Section 101.61, Authority of City Engineer to Suspend Work, of Chapter 101, Streets and Sidewalks, of the Code of Ordinances of the City of Paducah, Kentucky is hereby created to read as follows: "SECTION 101.61 Authority of City Engineer to suspend work The City Engineer, shall be authorized to suspend work for a given period of time whenever he may deem such suspension necessary to ensure that the provisions of this chapter are complied and adhered to." -� SECTION 15. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. yor ATTE enita mith, City Clerk 583 Introduced by the Board of Commissioners May 28, 1996 Adopted by the Board of Commissioners June 11, 1996 Recorded by Lenita Smith, Cityk, June 11, 1996 Published by The Paducah Sun, s 1996