Loading...
HomeMy WebLinkAbout7209ORDINANCE NO. 7209 AN ORDINANCE REGULATING THE CONSTRUCTION AND CARE OF SIDEWALKS, CURBS, AND GUTTERS IN THE CITY OF LITTLE ROCK, REPEALING AND AMENDING CERTAIN ORDINANCES, ESTABLISHING A FEE FOR CURB CUTS, DECLARING AN EMER- GENCY, AND FOR OTHER PURPOSES, WHEREAS, numerous sidewalks, curbs, and gutters in the City of Little Rock have become deteriorated, cracked and broken, and are now in an unsafe, dangerous, and unsightly condition, thereby limiting the use and benefit to be derived by the citizens of Little Rock of their sidewalks, curbs, and gutters, and WHEREAS, a great number of useless curb cuts have accumulated due to business changes requiring such curb cuts and that because of such great accumulation of such curb cuts parking space has been curtailed needlessly, and WHEREAS, in order to provide safe sidewalks, and eleminate useless curb cuts and to provide more adequate park- ing space in all sections of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARK., SECTION 1. That Ordinance No. 5 passed August 30, I 1877, Ordinance No. 67 passed Nay 17, 1887, Ordinance No. 81 passed June 21, 1887, Ordinance No. 204 passed September 10, 1889, Ordin- ance No -931 passed May 16, 1898, Ordinance No. 862 passed July 8, ' 1901, Ordinance No. 1103 passed June 6, 1904, Ordinance No. 1108 passed June 20, 1904, Ordinance No. 1138 passed October 17, 19040 i Ordinance No. 1846 passed June 24, 1912, Ordinance No. 2618 passed October 27, 1919, and Ordinance No. 7060 passed July 22,.1946 are hereby repealed, and Ordinance No. 1147 passed November 21, 1904 is hereby amended in all respects so.as to conform with all provisions of this ordinance. -2- SECTION 2. There is hereby created the position of Sidewalk, Curb, and Gutter Inspector of the City of Little Rock in the Office of the City Engineer, and it shall be the duty of such inspector under the direction of the City Engineer to cause periodic and regular inspection of all sidewalks, curbs, and gutters of the City of Little Rock to be made, and to enforce all of the provisions hereinafter contained in this ordinance. Such inspector shall be chosen by the Civil Service Commission of the City of Little Rock as are other Civil Service employees, and shall have such qualifications, education, and ex- perience as the Civil Service Commission may require, which re- quirement shall not be below a high school education, two year's practical experience in engineering and construction work, and the ability to make estimates of the costs of materials, labor, and equipment used in constructing concrete sidewalks, curbs and gutters. He shall also be capable of meeting and doing business with the general public and various officials concerning the duties of his office in a pleasant, agreeable, and cooperative manner and spirit. SECTION 3. Such inspector shall be provided with an appropriate badge, and upon entering upon said duties shall take an appropriate oath that he will truthfully and faithfully perform the duties of said office. The salary of said Sidewalk, Curb, and Gutter Inspector shall be $196.87 per month which shall be paid out of the Street and Automobile Funds as are other employees of the Street Department. All fees or funds collected under the provisions of this ordinance shall be creditied and applied to the Street and Automobile Fund of the City of Little Rock. SECTION 4. It shall be the duty of such inspector to make such reports to the City Engineer as he may desire and direct, but in any event, he shall file a weekly report with the City Engineer giving an outline or synopsis of his activities for the previous week, including the number of inspections made, summons which he has caused to be issued, and any other court or enforce- -3- ment proceedings which he has been forced to institute. SECTION 5. From and after the effective date of this ordinance, it shall be unlawful for any person, firm, or corporation to lay, construct, build, repair, rebuild, or in any manner work on any of the sidewalks, curbs, gutters, streets, alleys, or public thoroughfare within the City of Little Rock without first having obtained a certificate of cualification from the City Engineer. The City Engineer shall investigate the qualifications of any applicants to adequately perform said work, and if found qualified by the City Engineer, a certificate of qualification shall be issued by the City Engineer., The holder of such certificate of qualification so issued will then apply to tre City Collector for a Privilege License as a contractor building; concrete sidewalks, gutters and driveways. Said privilege tax shall be in the sum of X25.00 per year, and shall not be accepted by the City Collector until satisfactory evidence in the form of a Certificate of Qualification issued by the City Engineer is presented to him. Such qualified contractor shall in addition to the above, obtain a permit from the City Engineer to perform each and every separate Job of construction of any sidewalk, curb, gutter, or driveway, and shall pay a fee to the City Collector for such per- mit hereinafter provided. Upon making application for an annual privilege tax, each applicant shall state in the application for such annual privilege tax the location of his place of business, the name under which the business is to be conducted and shall notify the City Collector and the City Engineer immediately of every change of address or of the organization. Such Certificate of Qualification or Privilege License shall not be transferable and such contractors shall not sub -let any work to any person ",,;ho has not been duly qualified by the City Engineer and who has not paid the annual privilege tax for the privilege of engaging in such bus- iness. Each and every person, firm, or corporation licensed under the terms of this ordinance shall notify the City Engineer of the date on which he does an,r work or contract concerning work upon curbs, sidewalks, gutters, or driveways located upon public property. -4- SECTION 6. Each and evewy person, firm or corporat- ion performing such work shall stamp the name of the person, firm, or corporation performing such work, together with the year in which such work is completed, in some suitable place upon said workwith the stamp having lettelrs not less than 2" or greater than 1" in size, and making an impression of not less than 1/8 " in depth. The City Engineer may waive the provisions of this section provided an appli- catic -n is made by the person perform -Lng such work in writing. SECTION 7. Sidewalks, curbs, gutters, and curb cuts contructed in any street, avenue, alley, or public place in the City Of Little Rick shall be constructed of concrete. In excavating for concrete sidewalks, the ground shall be brought to a sub -grade of not less than four inches below the finished grade of the walks; and said sub -grade shall be thoroughly tamped, if necessary, to afford a solid foundation. In newly filled or marshy ground, cinders or dry gravel must be spread on top of the ground and tamped until a good firm surface is formed. After forms are in place, a templet is to be used for test, which is to be the full width of the walk and four inches in depth below the top of the forms. In no instance, must the surface of the ground be 'nigher than the 'ease of the temp- let. Upon completion of the base, one course of Portland cement con- crete shall be spread, such concrete shall be proportioned on the basis of one part cement, and six parts of corr,bined aggregate with a water cement ratio of not more than seven gallons per sack of ce- ment. Samples taken from such concrete shall produce an ultimate compressive strength of 2,000 pounds p,-,.,r sruare inch or more. Con- crete shall be properly rodded to fill voids and air pockets, and concrete sidewalks shall have a wooden float finish true to line and grade. The surface shall be slightly rough but shall be uni- form. A mixture of one part dry cement and sand may be used to im- prove the finish of the walk. Such mixture and method of placing being known as "hot- shoting." The top or wearing surface shall be F -5- blocked off and cut to the base with a trowel or tool made for that Purpose so that no block shall be longer than five linear feet, nor contain more than twenty -five square feet, in its surface. All corners must be rounded so as not to leave any square edges or sharp projections. Concrete prepared at a central mixing plant and de- livered to the site of the work will be acceptable, provided such concrete meets the minimum requirements of the 2,000 pound per square inch ultimate compressive strength specified herein. Grades and Alignments of Sidewalks All sidewalks shall be given by the City Engineer in accordance with the grades heretofore established for the streets of which such sidewalks are to be laid, and the responsibility for establishing sidewalk grades with relation to the curbs for streets shall rest with the City Engineer. All walks shall be constructed with a flat surface, pitch toward the curb at the rate of 1/4" per foot. On, all streets having right -of -way width of 40 feet or rore, the sidewalk shall be placed two feet from the property .line; on all streets having a right -of -way of less than 40 feet, the sidewalk shall be placed on the property line. The width of all sidewalks shall be five feet except on blocks where permission has been granted by the Council to con- struct sidewalks four feet in width. In commercial and industrial zones, sidewalks shall extend from the property line to the curb. No driveway apron shall extend out into the street farther than the face of the curb nor into the gutter area. Expansic:n joints not less than 2" in thickness shall be placed every fifty feet along sidewalks and at all points where such walks bear against curbs or buildings. Such expansion joints shall be premoulded asphaltic type. No person shall build or assist in building, any side- walk, driveway or curb where no grade has been established without first applying for such a grade from the City Engineer; nor shall -5- blocked off and cut to the base with a trowel or tool made for that Purpose so that no block shall be longer than five linear feet, nor contain more than twenty -five square feet, in its surface. All corners must be rounded so as not to leave any square edges or sharp projections. Concrete prepared at a central mixing plant and de- livered to the site of the work will be acceptable, provided such concrete meets the minimum requirements of the 2,000 pound per square inch ultimate compressive strength specified herein. Grades and Alignments of Sidewalks All sidewalks shall be given by the City Engineer in accordance with the grades heretofore established for the streets of which such sidewalks are to be laid, and the responsibility for establishing sidewalk grades with relation to the curbs for streets shall rest with the City Engineer. All walks shall be constructed with a flat surface, pitch toward the curb at the rate of 1/4" per foot. On, all streets having right -of -way width of 40 feet or rore, the sidewalk shall be placed two feet from the property .line; on all streets having a right -of -way of less than 40 feet, the sidewalk shall be placed on the property line. The width of all sidewalks shall be five feet except on blocks where permission has been granted by the Council to con- struct sidewalks four feet in width. In commercial and industrial zones, sidewalks shall extend from the property line to the curb. No driveway apron shall extend out into the street farther than the face of the curb nor into the gutter area. Expansic:n joints not less than 2" in thickness shall be placed every fifty feet along sidewalks and at all points where such walks bear against curbs or buildings. Such expansion joints shall be premoulded asphaltic type. No person shall build or assist in building, any side- walk, driveway or curb where no grade has been established without first applying for such a grade from the City Engineer; nor shall • any person tear up or remove any sidewalk, driveway, or curb without a permit from the City Engineer. SECTION 8. All owners or occupants shall keep side- walks and walk areas from property line to curb line in front of or on side of their property clear of all filth, wood, timber, lumber, chips, boxes, barrels, goods, wares, merchandise, grass, weeds, growths, tree limbs, or anything which may obstruct the walk or sidewalk area and if the above is not complied with promptly after a verbal notice from the City Engineer, Sidewalk and Curb Inspector, or any police officer of the City of Little Rock, the City Engineer shall cause a summons to be issued alleging a violation of this ordinance to such owner or occupant. SECTION? 9. All retaining walls shall be constructed on private property. SECTION 10. It shall be unlawful for any automobile, truck, trailer, or wagon to be driven, pulled, or pushed over any curbs in the City of Little Rock. SECTION 11. It shall be unlawful for any person, firm, or corporation to cut any curbing in the City of Little Rock without first having secured a permit from the City Engineer and having paid the fees to the City Collector as required by this or- dinance. By cutting a curb, it is meant removing an existing curb or failure to lay a curb at the time of construction of-any drive- way in the City of Little Rock. All applications for curb cuts which shall exceed fifteen feet in length into any one place of business or residence upon any one street shall be referred by the City En- gineer to the City Council for its approval. All applicants for curb cuts for more than 15 feet shall be required to submit a plan of curb cut, driveway, or entrance to the property and such plan shall show the purposes in detail for which such curb cut is desired, and no curb cut shall be granted for off - street parking or angle parking whereby the usual line of pedestrian traffic is required to deviate from its normal course. -7- SECTION 12. The owners or occupants of all business property and establishments, occupied or vacant, shall be required to have swept all sidewalks in front or side of said buildings or property daily not later than 10:00 o'clock A.M. Before sweeping, said sidewalks shall be sprinkled or some sweeping compound used to prevent dust. It shall be unlawful for any person, firm, or corpor- ation to have swept or placed any of such sweepings, trash, refuse, etc., frow such sidewalks into any gutter, street or alley or to place any sweeping trash, refuse, boxes,barrels, or other waste materials or products into any gutter, street, or alley in the City of Little Rock. SECTION 13. The owner or owners of each and every lot or block or any part thereof abutting on any street in the City of Little Rock are required to build, construct, and maintain in a safe condition; hereafter a sidewalk along each and every lot or block or part thereof held by them which abutes upon any - street in the said city, when notified by the City Engineer to do so. All sidewalks, curbs, and gutters and curb cuts and any paved area there- in shall be maintained and repaired at the proper grade at all points where the sidewalks and curbs are deteriorated, broken, lifted or shifted from proper position by age, usage, roots, or other reasons. Such parts or sections of' sidewalks, curbs, or gutters which are in an unusable or unsafe condition shall be removed and relaid to grade by the property owner and the City Engineer upon inspection or receipt of information that a sidewalk, curb, gutter, or curb cut, or any part thereof is in an unsafe or dangerous condition, he shall cause to be made an inspection of such condition and if, in his opinion, such condition exists, he shall serve or cause to be served on the owner or ownerscf such property, or their agents, a written notice containing a description of the sidewalk, curb, or gutter deemed unsafe or dangerous, a statement of particulars in such case and order such sidewalk, curb, or gutter to be repaired a according to the provisions of this ordinance. If the person to whom such order or notice is addressed cannot be found or located after a diligent search, then such notice or order shall be posted in a conspicuous place on the premises to which it relates. If any unnecessary curb cuts exist in the opinion of the City Engineer, a like notice shall be served by the City Engineer to replace said curb. A record of all notices and orders relative to un- safe sidewalks, curbs, gutters, and curb cuts and curb cut ordered replaced, and all appurtenant action in connection therewith shall be kept in the Office of the City Engineer. IL' the person served with a warning notice, and ordered by the City Engineer to repair unsafe or dangerous sidewalks, curbs, gutters, or curb cuts or to replace an unnecessary curb cut, shall fail within 10 days to com- ply with the terms and provisions of said notice and order, and has not assured the City Engineer that such notice and order will be complied with promptly, then the City Engineer shall cause a summons to be served upon the owner of said: property alleging that such person has violated the provisions of this ordinance. In any case where there is actual and imr.ediate danger to the lives and property of the citizens of Little Rock, the City Engineer is here- by empowered to take such action as he deems necessary to temporar- ily alleviate the condition and to report such action as is nec- essainr to the Mayor and City Council. SECTION 14. No person, firm, or corporation shall be permitted to lay any sidewalk or cut any curbs in this city un- til a permit therefor is obtained from the City Engineer and the following fees paid to the City Collector. A. Two cents per square foot of sidewalk, driveway, or other areas to property line to be constructed, replaced, or repaired. B. Twenty -five cents per lineal foot for every foot of curb so cut not to exceed 15 feet of length on any one lot. C. All permits approved by the Council in excess of 15 feet per lot shall be paid for at the reate of : no 01.00 per lineal foot for the first 10 lineal feet over 15 feet, $2.00 per lineal foot for the second 10 lineal feet over 15 feet, $3.00 per lineal foot for the third 10 lineal feet over 15 feet, $4.00 per lineal foot for the fourth 10 lineal feet over 15 feet, and $5.00 per lineal foot for every lineal foot in excess of 55 lineal feet. To cover cost of the permit, the necessary engineering to be done, said fees shall be paid to the City Collector and account- ed for by him as other collections, ,SECTION 15. Any person, firm, or corporation violat- ing any of the provisions of a misdemeanor and upon automatically revoked for not less than $25.00 nor i of the provisions of this L- offense. of this ordinance shall be deemed guilty conviction thereof shall have his perrdt a period of one year, and shall be fined nore than $100.00. Each day of violation ordinance shall constitute a separate SECTION 16. Should any word, phrase, paragraph or section of this ordinance hereafter be declared unconstitutional it shall not affect any other part of this ordinance. SECTION 17. The dangerous and unsafe condition of sidewalks, curbs, gutters, and curb cuts, and the proper replace- went thereof and other provisions of this ordinance, make an inspect- ion and compliance thereof, immediately necessary for the peace, health, end safety of the citizens of Little Rock. Therefore, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after the date of its passage and approval. tax2midz PASSED: March 10, 19+7 Approved: l Ma Attest 1 City er