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Home My WebLink AboutCityMgrForm.642.02-16-1972 , • ` , � CITY MANAGER FORM ORDINANCE NO. � aZ AN ORDINANCE REPEALING CERTAIN SECTIONS OF CHAPTER 24 OF THE CODE OF O�DINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ENACTING NEW SECTIONS, REQUIRING THAT A PERMIT BE OBTAINED PRIOR TO COMMENCEMENT OF ALTERATION TO A PUBLIC STREET, PROVIDING FOR THE ISSUANCE OF PERMITS, SETTING FORTH THE AUTHORITY OF THE CITY ENGINEER AND HIS DESIGNATED REPRESENTATIVE OVER OPERATIONS WITHIN ITS PURVIEW AND PROVIDING PENALTI�S FOR VIOLATIONS OF ITS PROVISIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS : SECTION l. Section 24-61 and 24-62 of the Code of Ordinances of the City of Cape Girardeau are hereby repealed. SECTION 2 . The following new sections are hereby enacted as part of Chapter 24 of the Code of Ordinances of the City of Cape Girardeau, Missouri. A. Definitions: (1) Project. Project shall mean any work to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway or street on the public streets. (2) Designated Representative. Designated Representative shall mean that person or persons designated by the City Engineer to handle applications under this Ordinance. B. Permit Required. No person shall begin to construct, reconstruct, repair, alter, or grade any sidewalk, curb, curb-cut, driveway or street on the public streets without first obtaining a permit from the City Engineer or his designated representative. C. Application. An applicant for a permit hereunder shall file with the City Engineer or his designated representative an application showing: (1) Name and address of the owner, or agent in _ -�charge , of the property abutting the proposed work area; (2) Name and address of the party doing the work; (3) Location of the work area; - 2 - (4) Attached plans showing details of the proposed alteration; (5) Such other information as the City Engineer or his designated representative shall find reasonably necessary to the determination of whether a permit should issue hereunder. �`�, D. Indemnity. The City Engineer or his designated � representative shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the City from all claims for damages or injury to other persons by reason of such alteration work and to require a maintenance and construction bond to be filed as a condition of the work to be in an amount equal to one-half of the estimated cost of the project to guarantee that the work will be done in accordance with the City specifications and will be guaranteed for a period ot one (1) year. E. Inspection. The City Engineer or his designated representative shall charge a fee for all inspection services done in behalf of an applicant or permittee hereunder. The inspection fee shall be Five Dollars ($5 .00) per permit, per parcel of land improved, with any one of herein mentioned improvements and shall accompany the application. F. Standards for Issuance of Permit. The City Engineer or his designated representative shall issue a permit hereunder when he finds : (1) That the plans for the proposed project have been approved by the City Engineer or his designated representative. (2) That the work shall be done according to the standard specifications of the City for public work of like character; � �� , � ) . - 3 - (3) That the project or its location will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces , and the means of egress to and from the property affected and adjacent properties . �nThen the project is within fifty (50) feet of a street intersection, the City Engineer or his designated representative shall allow the project only if the applicant shows to the satisfaction of the City Engineer or his designated representative that the project will not undul_y interfere with vehicular or pedestrian traffic. (4) That the health, welfare and safety of the public will not be unreasonably impaired. That in the improvement of streets or future alteration of streets in the city, curb may be omitted for future driveways , or existing driveways , or if curb is in place,may be removed for such driveways provided a maximum width so omitted or removed shall not exceed sixteen (16) feet for a single , nor thirty (30) feet for a double driveway, this allowing for a minimum two (2) foot radius on the driveway at the curbline. Service Station driveways or other "drive-in" facilities shall have a maximum width driveway at the property l.ine of I� thirty (30) feet, with an allowable five (5) foot radius on each side of the thirty (30) foot driveway at its intersection with the curb l.ine of the street. This shall be interpreted to mean that the maximum widths � ! for such driveway entrances sha11 be no more tk�an � forty (40) feet at the curb line at the street and five (5) feet behind the curb, the driveway can be no wider than thirty (30) feet and continuing at thirty (30) feet to the property line. � i I � f i I I d I � e F . •- , . . • . . � , _ 4 _ G. The City Engineer or his designated representative shall have control with respect to the location and number of cuts to be made on City streets subject to the standards set forth in Paragraph F. of this Ordinance. Should the City Engineer or his designated representative reject an application he shall note on the application the reasons for the rejection, stating his finding under the standards of this ordinance. SECTI�N 3. Penalties . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not exceeding � One Hundred Dollars ($100 .00) or to be imprisoned in the Cape i Girardeau City Jail for a period not exceeding ninety (90) days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 4 . Separability. If any section, subsection, sentence, clause , phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate , distinct and independent provision and such holding sha11 not affect the � validity of the remaining portions hereof. SECTION 5. Renumberin . It is the intention of the { i governing body and it is hereby ordained that the provisions of � this ordinance shall become and be made a part of the Code of � f Ordinances, City of Cape Girardeau, Missouri , and the sections � of this Code may be renumbered to accomplish such intention. � i SECTION 6 . This ordinance shall be in full force and effect ten days after its passage and approval. �� PASSED AND APPROVED THIS /(v DAY OF .c. , 19�y. ��CVf—�V'7�/i-r.C, � v� v--o---�c-� . MAYOR ATTEST: E � ; ; �� CITY CLERK � � i ; I i i � 1 � � I � � i ! , i I i :� i i i i � �