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HomeMy WebLinkAbout7060ORDINANCE N0. 7060 AN ORDINANCE REGULATING SIDEWALKS CURBS, GUTTERS, AND CURB CUTS IN THE CITY OF LITTLE ROCK RESEALING CERTAIN ORDINANCES, AMENDING ORDINANCE #1147, AND FOR OTHER, PURPOSES. VIK EREAS, Numerous sidewalks, curbs, gutters, and curb cuts in the City of Little Rock are deteriorated and broken, and thereby have become dangerous, unsafe and unsightly; and, WHEREAS, It is to the best interest of the citizens of Little Rock to have safe sidewalks, curbs, gutters, and curb cuts for their use; and WHEREAS, A great number of useless curb cuts have accumulated; and WHEREAS, It is to the best interest of the property owners, businesses and citizens to have more available parking space in all sections of the City; and WHEREAS, It is necessary to have an ordinance that will provide for the proper regulation of sidewalks, curbs, gutters, and curb cuts; and WHEREAS, It is necessary to have said ordinance of the city in re- lationship to sidewalks properly supervised and enforced; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK,ARKANSAS: SECTION 1. That Ordinance #5 passed August 30, 1877, Ordinance #67 passed May 17, 1$$7, Ordinance #$1 passed June 21, 1$$7, Ordinance #204 passed September 10, 1$09, OrdBance '#731 passed May 16, 1$98, Ordinance #862 passed July 8, 1901, Ordinance #1103 passed June 6, 1904, Ordinance #1108 passed June 20, 1904, Ordinance #1138 passed October 17, 1904, Ordi- nance #1846 passed June 24, 1912, and Ordinance #2618 passed October 27, 1919, are hereby repealed and Ordinance #1147 passed November 21, 1904 is hereby amended in all references to sidewalks, curbs, gutters, and curb cuts so specified in Section 3 of this ordinance. SECTION 2. The office of sidewalk and curb inspector for the City of Little Rock is hereby created. A. The Sidewalk and Curb Inspector shall be under the direction and responsible to the City Engineer of the City of Little Rock, whose duty it shall be to enforce this ordinance. B. Minimum requirements as to education and experience. A High School Education; two years experience in engineering and construction; ability to make estimates of the costs of materials, labor and equipment used in constructing concrete sidewalks, curbs and gutters; capable of meeting and dealing with the public and various officials related to his duties in a pleasanty agreeable and cooperative manner and spirit. C. The salary of the Sidewalk and Curb Inspector shall be $175.00 per month and shall be paid out of the Street and Auto Funds as other em- ployees in the Street Department are paid. All fees collected under the provisions of this ordinance shall be credited to the Street and Auto Funds, D. The City Engineer and the Sidewalk and Curb Inspector shall be sworn in to have regular police powers and each shall be provided with a badge showing this authority. The City Engineer shall design the badges and make necessary arrangements to have them made. E. The Police Department shall cooperate with the City Engineer in the carrying out of this ordinance and shall serve such papers as required by him. F. It shall be the duty of the Sidewalk and Curb Inspector to make daily reports to the City Engineer of all warning notices and summons that he has served or caused to be served in enforcement of this ordinance. SECTION 3. That hereafter no person or per -sons, firm or corporation, shall lay, construct, build, repair, or rebuild any of the sidewalks, curbs, gutters, on any street, alley, or thoroughfare within said city with- out first having obtained a certificate of qualification from the City Eng- ineer. The dertificate hereinbefore mentioned shall be issued and approved by the City Engineer and before the issuance of same, the applicant shall file in the office of the City Engineer a statement of his qualifications together with a surety or cash bond of Five hundred Dollars (000.00), con- ditioned that said applicant will indemnify and save harmless the City of Little Rock from any and all damages of every character arising from, or caused directly or indirectly by any negligience in the doing of said work, or for any imperfect and inadequate work done by the applicant, and that he will maintain said work in a good and workmanlike state of repair for and during a period of one year from and after its completion and acceptance by the City. Said statement of qualifications approved by the City Engineer together with bond, license number and date of issuance shall be filed by said City Engineer with the City Collector. The certificate holder shall pay to the City Collector an annual privilege license fee of $25.00 as a concrete sidewalk, gutter and driveway contractor and shall obtain a permit from the City Engineer of the City to do each piece of work and pay permit fees as provided in this ordinance to the City Collector. The applicant shall also state in his application for license, his place of business and the number under which the business is to be trans- acted, and shall notify the City Engineer immediately of any and Overy change of address or style of his firm. All such bonds shall be subject to the approval of the City Collector of the said city, and shall run for a period of one year from date, or until revoked, as hereinafter provided. Said licenses shall not permit the use of said license by any person, firm, or corporation not in his employ, for the purpose of doing any work covered by this Ordinance, nor shall be sublet any work for which a li- cense is issued to him, to any person. Said licensee shall notify the City Engineer of the date on which he intends to start operations on any new work or contract. Said licensee shall stamp his name, together with the year in which the work is completed on each piece of work constructed by him with a stamp having letters not less than one -half (A) inch nor greater than one (1 ") inch in size, and making an impression approximately one eighth (1 /$1r) inch in depth. Should said licensee violate any of the provisions of this ordinance and upon conviction in the Municipal Court, his permit will be automati- cally revoked and he will not be permitted to apply for a new permit un- til the expiration of one year from that date. Should any license be re- voked, the City Collector shall not return the bond that said licensee has posted until the expiration of one year from the date license is re- voked so as to guarantee the maintenance of said license work for a one year period. SECTION 4, Sidewalks, curbs, gutters, and curb cuts constructed in any street, avenue, alley or public place in the City of Little Kock 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 higher than the base of the templet. Unon completion of the base, one course of Portland cement concrete shall be spread, such concrete shall be proportioned on the basis of one part cement and six parts of combined aggregate with a water cement ratio of not more than seven gallons per sack of cement. Samples taken from such concrete shall produce an ultimate compressive strength of 2000 pounds per square inch or more. Concrete 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 uniform.` A mixture of one part dry cement and sand may be used to improve the finish of the walk; Such mixture and method of placing being known as " "hot-shoting"o The top or wearing surface shall be blocked off and cut to the base vritu a trowel or tool made for that purpose so that no block shall be longer than five lin. 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 delivered to the site of the work will be acceptable, provided such concrete meets the min- imum requirements of the 2000 pound per square inch ultimate compressive strength specified herein. Grades and alignment 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 responsi- bility 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 Laving a right -of -way width of 40t or more, the side- walk shall be placed two feet from the property line; on all streets having a right -of -way of 401 or less, the sidewalk shall be placed on the proper- ty line. The width of all sidewalks shall be five feet, except on blocks where permission has been granted by the Council to construct sidewalks four feet in width, in which cases a four feet walk may be laid for the remain- der of the block. In business sections, 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* Expansion joints not less than 1/2 inch in thickness shall be placed every fifty feet along widewalks and at all points where such walks bear against curbs or buildings. Such expansion joints shall be premolded as- phaltic type. No person shall build or assist in building, any sidewalk, 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 re- move any sidewalk, driveway or curb without a permit from the City Engineer. SECTION 5. All owners or occupants shall keep sidewalks and walk areas from property line to curb line in front of or an side of their pro- perty 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 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, said owner or occupant shall be given a summons. SECTION 6. All retaining walls shall be constructed on private pro- perty. SECTION 7. 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 8. It shall be unlawful for any person, firm, or corporation to cut any curbing in the City of Little Rock, Arkansas without first having secured a permit from the City Engineer and having paid the fees to the City Collector as required by this Ordinance. By cutting a curb, it is meant removing an existing curb or failure to lay a curb at the time of construction of any driveway in the City of Little Rockf All ap- plications for curb cuts which shall exceed fifteen feet in length into any one place of business or residence upon any one street shall be re- ferred by the City Engineer to the City Council for its approval. SECTION 9. 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 $:00 o'clock A.M. That before sweeping said sidewalks they shall be sprinkled or some sweeping compound used to prevent dust. It shall be unlawful for any person, firm, or corporation to have swept or placed any of such sweepings, trash, re- fuse, etc., from such sidewalks into any gutter, street or alley or to place any sweeping, trash, refuse, boxes, barrels, or other waste mater- ials, or products into any gutter, street, or alley in the City of Little Rock. SECTION 10. The owner or owners respectively and in their default, the tenants or occupants by lease 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 4very lot or block or part thereof held by them for the same abutes upon any street in the said city, when notified by the City Engineer to do so. All sidewalk curbs and gutters and curb cuts and any paved area therein shall be maintained at the proper grade at all points where the sidewalks and curbs are deteriorated,b roken, lifted or shifted from proper position by age, usage, roots, and other reasons. Such parts shall be removed and relayed to grade, and the City Engineer upon receipt of information that U sidewalk curb, gutter, or curb cut or any part there- of, is unsafe or dangerous or any unnecessary curb cuts existing,s7.whi�h in the opinion of the City Engineer, should be replaced so as to provide more parking space, the City Engineer shall make or cause to be made, an inspection and if it is found that such condition exists, he shall serve or cause to be served on the owner or someone of the owners, executors, administrators, agents, leasees or any person who may have an investment or contingent interest in the same, a written warning notice containing a description of the sidewalks, curbs, gutters, or curb cuts deemed unsafe or dangerous or nnnecessary curb cuts to be replaced, a statement of the par- ticulars in which same is unsafe or dangerous or unnecessary curb cuts to be replaced and an order requiring same to be made safe and secure or curb replacement as may be deemed necessary by him. If the person to whom such notice or order is addressed cannot be found within the city after diligent search, then such notices and order may be posted in a conspicu- ous place on the premises to which it relates and such posting shall be deemed adequate servile. A record of all notices or orders relative to unsafe sidewalks, curbs, gutters, curb cuts and curb cuts ordered replaced and of all pertinent actions in connection therewith shall be kept in the office of the City Engineer If the person served with a warning notice or order to repair unsafe or dan- gerous sidewalks, gutters, curbs, curb cuts, or to replace a curb cut that the City Engineer believes is unnecessary should fail within ten days to comply with any of the requirements thereof and has not assured the City Engineer that the warning order will be complied with promptly, then the City Engineer shall serve or cause to be served a summons. Each and every day after the ten days that is given in the warning notice until compliance shall constitute a separate offence. If after having served three summons the City Engineer has not been assured that the requirements of the original warning notice will be complied with immediately the City Engineer shall advise the City Attorney of all the facts in the case and the City Attor- ney shall institute an appropriate action in the courts to compP- a com- pliance. In case there shall be in the opinion of the City Engineer, ac- tual and immediate danger of any of the provisions of this ordinance so as to endanger lives or property he shall take such action as is necessary and report his findings to the City Council for action. SECTION 11. No person, firm, or corporation shall be permitted to lay tay sidewalk or cut any curbs in this city until a permit therefor is ob- tained from the City Engineer and the following fees paid to the City Col- lector. A. Ten cents pr lineal foot of sidewalk to be constructed, replaced, or repaired. B. Twenty -five cents per f=unning foot for every foot of curb so cut not to exceed 151 of length of any one street. C. All permits approved by the Council in excess of 15 feet shall be paid for at the rate of �1.00 per running foot over 15 feet. To cover the cost of the permit the necessary engineering to be done, said fees shall be paid to the City Collector and accounted for by him as other collections. For any curb cuts now in existence or to be made in the future, which shall exceed 15 feet of length or where there is more than one curb cut into any one place of business upon any one street there shall be paid an annual franchise tax of $1.00 per running foot per year. If this curb cut was applied for by the owner than he shall pay the fee and if it was applied for by the occupant then he shall pay the fee. If neither wants to pay the fee, then the City Engineer shall consider the curb cut as unnecessary and shall proceed under the provisions of this ordinance to have said curb cut closed. All of the fees herein declared to be due, shall be paid for annually in advance beginning the first of August, 1946 and where the propsed curb cuts shall be in existance for six months or less before August 1 of each year, one -half of the tax herein designated shall be collected for that year. The City Collector shall keep a sepa- rate book wherein all curb cuts are listed which shall show the payment or non - payment of the tax herein ordained. The City Collector on August 10th of each year, shall notify the City Engineer of those who have failed to pay and theCity engineer will proceed as previously provided in this ordinance. SECTION 12. That any person, firm, or corporation violating any provisions of this ordinance shall be deemed a misdemeanor and upon con- viction in Municipal Court shall be punished by a fine of not less than $10.00 nor more than 4100.00, or`shall he imprisoned not more than ten days or shall suffer both fine and imprisonment by the discretion of the court. Each day any provisions of this ordinance is violated, it shall constitute and be a separate offense. SECTION 1�. 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 14, The dangerous and unsafe condition of sidewalks, curbs, gutters, and curb cuts, and theproper replacement thereof and other provi- sions of this ordinance, make an inspection andcompliance thereof,imme- diately necessa=ry for the peace, health, and safety of the citizens of Little Rock, Ar kansa.s. Therefore an emergency is hereby declared to exist and this ordinance shall be in force from andafter its passage and approval. I'i". SSED: July 22, 1946 APPROVED: MAYOR ATTEST: CITY CLERK