CHAPTER XV. STREETS AND
Article 1. Sidewalk
Article 2. Driveways,
Article 3. Use Regulations
Article 4. Snow and Ice
ARTICLE 1. SIDEWALK CONSTRUCTION
15-101. SIDEWALKS GENERALLY: PLANS;
SPECIFICATIONS. All sidewalks in the
City of Hugoton shall be constructed, repaired and reconstructed according to
plans and specifications adopted by the governing body and on file in the office
of the city clerk. The plans and
specifications are incorporated by reference as if fully set out herein.
(Code 1971, 14-101)
NOTE: Construction of
sidewalks in all cities is governed by K.S.A. 12-1801:1816; see general
improvement and assessment law, Chapter 12, Article 6a, Kansas Statutes
Annotated, as amended.
15-102. SIDEWALK WIDTH. All
sidewalks in the city shall be not less than 48 inches in width:
Provided, That where the governing body deems it necessary or advisable,
it may order a sidewalk to be constructed of a greater width.
(Code 1971, 14-102)
15-103. SIDEWALK LOCATION. All
sidewalks shall be located in the streets of the city with the edge one foot
from the property line of adjacent lots or as determined by the governing body:
Provided, That in the business district a sidewalk may extend from the
property line to the curbline as may be ordered by the governing body.
(Code 1971, 14-103)
15-104. WALKWAYS; RIGHTS RESERVED.
Walkways or landing strips may be constructed behind curbs within the
street parking in any block where sidewalks have been first located and
constructed as provided by the preceding sections of this article:
Provided, That the city reserves the right to remove such walkways or
landing strips in order to service water mains, water service lines, valves,
hydrants or other utilities and it shall be the responsibility of the property
owner to replace the same at his own expense.
(Code 1971, 14-104)
15-105. WALKWAY SPECIFICATIONS.
Walkways or landings adjacent or parallel to curbing shall be constructed
in accordance with the following specifications:
(a) Each walkway or landing
strip shall be three feet in width and constructed on a grade line of not less
than the top of curb back.
(b) Each walkway or landing
strip shall be constructed of concrete of not less than five inches in thickness
and mixed in approximate proportions of one part cement, two parts fine
aggregate and three parts coarse aggregate with a maximum of six gallons of
water per sack of cement.
(c) Concrete shall be placed
immediately after mixing, tamped and struck off with a template and floated with
a wooden float until the surface has a true contour taking care not to bring to
the surface an excess of water and fine sand by over finishing.
(d) Each walkway or landing
strip shall be cut into separate rectangular slabs not greater than six feet in
length and the surface of each slab shall be rounded to a one-fourth inch radius
with markings exactly as cuts between slabs.
(Code 1971, 14-105)
15-106. CONSTRUCTION AND REPAIRS BY OWNER OR CITY.
(a) The governing body may by
resolution order sidewalks reconstructed or repaired when in its judgement the
same is necessary. The governing
body may by resolution order sidewalks constructed upon receipt of a petition
signed by 25 resident property owners in any precinct of any ward praying for
construction of such sidewalks within that area.
(b) It shall be the duty of
the city clerk to serve a written or printed notice to construct or reconstruct
as contemplated by K.S.A. 12-1805 or cause such a notice to be served on the
owner or authorized agent for the owner of the property in front of which or
adjacent to which the new sidewalks have been ordered constructed or sidewalks
have been ordered reconstructed or repaired under subsection (a) of this
(c) If a sidewalk is not
constructed, reconstructed or repaired within the time provided in the notice
required by subsection (b) of this section, the same shall be done by contract
or by the city and costs thereof levied against the property.
If the costs levied under this subsection shall not be paid within 30
days, it shall be certified to the city clerk to be collected the same as other
(d) A duty exists upon the
owner of any property abutting on any sidewalk to keep the same repaired, but
the city may, as provided in this section, make the necessary repairs.
Such repairs may be made without notice to the property owner if the
abutting lot or piece of land is unoccupied.
(K.S.A. 12-1808; Code 1971, 14-106; Code 1982)
15-107. STATUTORY LIEN BOND. The
governing body may require the contractor to furnish sufficient surety bond for
the faithful performance of any contract let by the city for the construction of
any sidewalk in accordance with the plans, specifications, laws and ordinances
of the city. (Code 1971, 14-107)
15-108. PENALTY. If
any property owner or his or her agent shall construct any sidewalk in violation
of the provisions of this article, he or she shall, upon conviction, be fined in
any sum not more than $100, or be imprisoned for not more than three months, or
be both so fined and imprisoned. The
sidewalk may be condemned by the governing body and torn out and rebuilt.
In the case of violation by a contractor, no payment shall be due or made
for such improperly constructed sidewalk. However,
if the governing body believes that the sidewalk as constructed is as good as a
sidewalk meeting the required specifications, it may accept the sidewalk as
constructed. (Code 1971, 14-108)
ARTICLE 2. DRIVEWAYS, CULVERTS
CUTTING, PAVEMENT, CURBS, SIDEWALKS.
Hereafter it shall be unlawful for any person, firm or corporation to
break, cut or remove any permanent pavement, curb and gutter or sidewalk in the
city without a permit from the governing body:
Provided, That a permit for any such purpose may be authorized by the
governing body to be issued upon the approval of the superintendent of municipal
utilities at the time a permit is issued for the construction or moving of any
building or for the installation of building sewer drains or water mains.
All pavements, curb and gutter or sidewalks shall be rebuilt or restored
by the permit holder according to the specifications therefor or as may be
required by the governing body at the same time the permit is issued:
Provided further, That when it is proposed to construct any driveway
entrances or to install any culvert, the further provisions of this article
shall apply. (Code 1971, 14-201)
NOTE: Authority of city over
streets, K.S.A. 12-848:850.
15-202. PERMIT REQUIRED. It
shall be unlawful for any person to remove or cause to be removed any curb,
curbing or gutter or portion of curbing or gutter upon any street within the
city, for the purpose of the construction of driveway entrances to residential
and business properties without a written permit therefor being first obtained
from the city clerk. All
construction of driveways shall be done under the supervision of the
superintendent of municipal utilities. There
shall be no charge against the property owner or contractor for such supervision
or engineering. (Ord. 345, Sec. 1)
Ref.: Where street also is
state highway, permit must be secured from State Department of Transportation.
15-203. CONSTRUCTION, DRIVEWAY ENTRANCES; REGULATIONS.
The construction of driveway entrances shall be authorized upon proper
application for written permit and in accordance with the following
(a) Removal of curb and
gutter. The entire curb and gutter
section shall be removed, removal beginning and ending at the existing cut in
the curb and gutter or at an existing expansion joint.
(b) Size of driveway aprons.
The minimum size of driveway apron constructed shall be 16 feet in width
at the back of the curb and 12 feet in width at a distance of four feet behind
the curb, and six inches in thickness, as shown by drawings on file with the
city clerk, which are incorporated herein by reference as though fully set forth
herein. The width of the apron may
be increased to fit existing or proposed driveway widths.
The subgrade shall be excavated to the required grade and all boulders,
organic material, soft clay, or other objectionable materials removed and
replaced with approved material. The
subgrade shall than be shaped and rolled and uniformly compacted to the
elevation, cross section and shape, as shown by drawings on file with the city
Forms shall be steel or wooden, straight, free from warps and of
sufficient structural strength to properly maintain position.
The forms shall be securely staked so that they will maintain proper
position and alignment when concrete is placed.
Prior to placing concrete, the subgrade shall be moistened.
Prior to placing concrete, approval by the superintendent of municipal
utilities shall be obtained to insure adherence with these specifications.
15-204. SAME. (a)
Concrete. Concrete shall be
composed of a mixture of Portland cement, sand, gravel or crushed stone, and
water. All such materials shall be
from an approved source, shall be of a quality that is first grade throughout,
and shall meet the requirements of the standards of the American Society for
Testing Materials, as they may apply, and as recommended by the American
Concrete Institute. The materials,
as well as the proportions in which they are combined, shall meet the approval
of the superintendent of municipal utilities.
Concrete shall comply with the following limiting requirements.
(1) Not less than six sacks
of cement shall be used in every cubic yard of concrete.
Type I or Type II cement, with air entrainment shall be used;
(2) Not more than six gallons
of water shall be used for each sack of cement.
Water shall be clean and free from oils, alkalies, etc.;
(3) Within the above limits,
the freshly mixed concrete shall be of proper workability and consistency when
placed in the forms;
(4) Mixing of concrete shall
be thoroughly done in a batch mixer, and for a period of not less than one and
one-half minutes or by other methods approved by the superintendent of municipal
(5) Tamped or vibrated
concrete shall have a slump of not less than one inch or more than three inches.
Hand spaded or puddled concrete shall have a slump of not less than three
inches or more than five inches;
(6) Proposed mix shall be
tested, if requested by the city, to insure that it will have a compressive
strength of not less than 3,000 psi, under standard laboratory conditions at age
of 28 days.
15-205. SAME. (a)
Reinforcing. The entire
driveway apron shall be reinforced with six inch by six inch wire mesh, placed
at the horizontal centerline of the concrete slab.
(b) Expansion joints and
contraction joints. Expansion joints
shall be placed along the back of the apron and at each end of the apron, as
shown by the drawings on file with the city clerk.
Joints shall be one-half inch premoulded, nonextruding type, approved by
the superintendent of municipal utilities.
Contraction joints shall be constructed at the centerline of the apron
and at the ends of the apron, as shown by the drawings on file with the city
clerk. Joints shall be constructed
by cutting the slab to a depth of approximately three inches.
(c) Concrete placement.
The concrete mixed to proper consistency shall be placed in the forms and
spaded and tamped to secure maximum density and to bring mortar to the surface.
The surface shall be finished with wood float and/or broom and all
exposed edges shall be rounded with one-fourth inch radius finishing tool.
All flow lines shall be tested with a 10-foot straight edge and any
variation of over one-eighth inch shall be corrected.
The flow line shall be constructed in such a manner to insure flow in one
direction only, and to meet the existing flow lines of the curb and gutter at
each end of the project.
The concrete should be kept moist for at lease five days after placement,
unless an approved curing compound is used.
(f) Cold weather.
No concrete should be placed on frozen subgrade.
No concrete shall be placed when the temperature is below 40 degrees
Fahrenheit, and if the temperature falls after concrete is placed it shall be
properly protected against freezing. (Ord.
345, Sec. 2:3)
15-206. BARRICADES REQUIRED. On
the cutting or removal of any permanent paving and the making of any excavation
in the streets or public ways of the city or any other excavations therein, the
same shall be guarded and protected by suitable barricades during the daytime
and in the nighttime by barricades and lights protecting and showing the extent
of the excavations as may be directed by the superintendent of municipal
utilities: Provided, That any permit
authorizing the opening of any excavation within any street or public way may be
granted by the governing body upon the condition that the permittee file a good
and sufficient corporate surety bond conditioned that the principal save and
hold the city free and harmless from all liability arising in connection with
any loss or damage caused by the negligence or failure of the principal to guard
and protect any excavation or opening so authorized:
Provided further, That where it shall be necessary to close any street,
sidewalk or other public way during any public work thereon, the superintendent
of municipal utilities shall cause
such street to be closed off by barricades and suitable lights and signs to be
placed and maintained. (Code 1971,
15-207. DRIVEWAY ENTRANCES. The
owner of any property abutting on any street, or his duly authorized agent or
contractor, may in accordance with Section 15-201 of this article cut and remove
any curb and remove any sidewalk to construct a driveway entrance to his
premises. The sidewalk shall be
reconstructed and replaced in accordance with the specifications required by
ordinance for driveway entrances across sidewalks.
The curb shall be entirely cut and removed and the curb at each side of
the entrance shall be replaced by section curb rounded off on a radius of three
feet. The driveway entrances shall
not be constructed to change any established sidewalk grade or to lower or raise
any natural grade of the portion of the street reserved for the building of
sidewalks except with the prior approval of the superintendent of municipal
utilities. (Code 1971, 14-205)
15-208. CROSSING CURBS UNLAWFUL.
It shall be unlawful for any person to drive any vehicle over or across
any curb or curb and gutter where there is no established or improved driveway
entrance or drive across any sidewalk when the same is not constructed as a part
of the driveway entrance. (Code
15-209. CONSTRUCTION OF DRAINAGE CULVERTS.
It shall be unlawful for any person to place any building materials such
as stones, planks, dirt, sand or gravel in any gutter or drainage ditch or in
any other manner to interfere with the natural drainage of any ditch or drain.
The owner of abutting property, when it shall be impracticable to open or
construct an entrance across any such ditch or drain, on application to and
approval of the governing body, may construct or install a culvert crossing.
The governing body of the city may, if it deems it necessary, prepare a
resolution declaring it necessary to construct a culvert (or culverts) on a
uniform line and grade and of a proper size to handle drainage at any private
driveway entrance or entrances onto any street of dirt, sand or gravel
constructed in the city. The owner
of abutting land shall pay the cost of all culverts in the manner provided by
law. K.S.A. 12-2301:2305; Code 1971,
ARTICLE 3. USE REGULATIONS
15-301. OBSTRUCTING SIDEWALKS; EXCEPTIONS.
It shall be unlawful for any person to build or construct any step or
steps or other obstruction, whether temporary or permanent, or to store, leave
or allow to be left any implements, tools, boxes, merchandise, goods, cans,
crates, corn poppers, peanut roasters, ice cream containers, benches, chairs,
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. The governing
body may authorize the granting of temporary permits in connection with 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 such 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 contractor and approved by the governing body.
(Code 1971, 14-301)
15-302. BARRIERS AND GUARDS. It
shall be the duty of every person having charge of any construction or
excavation adjacent to or under any sidewalk or street, during the progress of
the work, to guard the work securely by a wooden fence or wall attached to posts
firmly set in the ground or otherwise securely fixed in place during the time.
It shall further be the duty of all such persons for one hour after
sunset to one hour before sunrise to illuminate such excavation or work with red
lights or flares sufficient in number and so placed as to show the full extent
thereof. (Code 1971, 14-302)
15-303. REMOVAL OF BARRIERS AND LIGHTS; 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
barriers, barricades or lights placed in any street to guard and warn the
traveling public of any construction work thereon or adjacent thereto.
(Code 1971, 14-303)
15-304. UNFINISHED PAVEMENT OR SIDEWALKS.
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 1971, 14-304)
15-305. ACTS PROHIBITED IN BUSINESS DISTRICT.
It shall be unlawful for any person to ride upon roller skates, or ride
in or by means of any coaster, skateboard, toy vehicle, or similar devise, upon
any public sidewalk or street within the business district of the City of
Hugoton, such business district being defined herein as that area on Main Street
from the north intersection of Main and Fourth Streets to the south intersection
of Main and Eighth Streets, and that area on Sixth Street from the east
intersection of Sixth and Madison Streets to the west intersection of Sixth and
Van Buren Streets. (Ord. 458, Sec.
15-306. RESPONSIBILITY OF PARENTS, GUARDIANS.
It shall be unlawful for any parent, guardian or other person having the
legal care of custody of any minor child under 18 years of age to allow or
permit such child to ride upon roller skates, or ride in or by means of any
coaster, skateboard, toy vehicle, or similar devise, upon any public sidewalk or
street within the business district of the City of Hugoton, Kansas as defined in
Section 15-302. (Ord. 458, Sec. 2)
15-307. DANGEROUS OBSTRUCTIONS IN STREETS.
It shall be unlawful for any person to place, throw or cause to be placed
or thrown in or on any street, alley, sidewalk, park, or other public grounds in
the city any beer cans, beer bottles, liquor bottles, or any other cans, glass,
tacks, nails, bottles, wires or other dangerous objects that might wound any
person or animal, or cut or puncture any pneumatic tire or tires of any vehicle
while passing over the same. Any
person violating any of the provision of this section shall, upon conviction
thereof, be fined not exceeding $100 or be imprisoned for not more than 60 days,
or be both so fined and imprisoned. (Code
15-308. LITTERING UNLAWFUL. It
shall be unlawful for any person to place, throw, or deposit or cause to be
placed, deposited or left in or on any street, alley, park or public grounds in
the city any beer cans, beer bottles, liquor bottles, cans, bottles, dirt,
filth, excrement, compost, papers, boxes, ashes, lumber, coal, wood, kindling,
grass, weeds, leaves, slops, or litter of any kind.
Any person violating any of the provisions of this section shall, upon
conviction thereof, be fined not exceeding $100 or be imprisoned for not more
than 60 days, or be both so fined and imprisoned.
(Code 1971, 14-306)
15-309. HARMFUL PRODUCTS IN STREET.
It shall be unlawful for any person to deposit or throw any waste oil,
fuel, oil, kerosene, gasoline or other products of petroleum, any acids or salt
water 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 1971, 14-307)
15-310. JUNK DEPOSIT. It
shall be unlawful for any person to store, deposit, or to accumulate or abandon
any old iron, machinery, vehicles of any kind, vehicle bodies or parts thereof,
or junk of any kind, in or upon any sidewalk, street, parking, alley or public
grounds within the city. (Code 1971,
15-311. (Reserved for future use)
15-312. BURNING IN THE STREETS.
It shall be unlawful for any person to accumulate or burn any leaves,
trash or any other combustibles in or upon any street, alley or public way
within the city which shall have been improved by any concrete or brick pavement
or other permanent pavement of any kind. (Code
15-313. DISCHARGING WATER ON STREETS.
It shall be unlawful for any person to discharge a stream of water upon
the streets, avenues or alleys within the business or industrial districts of
the city or to cause any water to stand or form pools or to flow in a stream
thereon: Provided, That 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
of the city. (Code 1971, 14-311)
15-314. CURB PUMPS UNLAWFUL. It
shall be unlawful for any person to place or construct any gasoline service pump
or device, or any air compression device in the parking of any street, or
adjacent thereto, so that it would be necessary to receive service or to use any
portion of the street, while any vehicle is parked or standing on a sidewalk,
street or alley of the city. (Code
15-315. AWNINGS AND SIGNS; PERMITS.
It shall be unlawful for any person to construct, install or maintain any
awning, canopy, marquee or any other projecting structure over any sidewalk or
street which is lower than seven feet above the sidewalk, or which is supported
in whole or in part by posts or other supports set in the sidewalk, street or
adjacent parking. It shall be
further unlawful to place or set any advertising sign or structure in or upon
any poles or supports affixed to any sidewalk, street or structure within the
parking: Provided, That it shall be
unlawful for any such person to erect or place any sign or other structure for
advertising or other purposes across or upon any street or sidewalk without
first obtaining a permit from the governing body.
(Code 1971, 14-313)
15-316. ENCROACHMENTS. It
shall be unlawful except as hereinafter provided, for any person to erect,
construct, install, place, maintain or allow to remain or to permit the
erection, construction, installation, placing, maintenance or remaining of any
encroachment upon or above the right-of-way, or any portion thereof of a public
street or of City Connecting Links of the Kansas State Highway System described
(a) Main Street from First
Street to Eleventh Street;
(b) Main Street from North
City Limits to Eleventh Street;
(c) Eleventh Street from west
city limits to a point 430 feet east of the junction of Washington Street.
(Code 1971, 14-315)
15-317. ENCROACHMENT DEFINED.
The word "encroachment" when used in this article, shall mean
and include any sign (both fixed and portable), awning, canopy, or marquee,
billboard or other advertising device, merchandise stand or display, building,
fence, or other structure or other use for private purposes of any character,
including the storage of vehicles, which exists in or rests upon or projects
above the right-of-way or any portion thereof of a public street. (Ord.
698, Sec. 1)
15-318. ENCROACHMENT; EXCEPTION.
In established business districts on the streets where the buildings are at the
property line and are continuous or very closely spaced, overhead encroachments
are permitted under the following conditions:
(a) Awnings, canopies,
marquees and similar installations supported wholly from the face of the
building: Provided, the edge of such
encroachment be not less than three feet back of the face of the curb and is in
conformance with all other provisions of this article.
Replacement or new installation of the encroachment may be made upon
approval of proper permit by the city.
(b) Advertising or other
similar signs supported wholly from the front of the buildings shall be
permitted to remain in place until such time that they become functionally or
structurally obsolete. The signs
shall then be removed except as provided in subsection (c).
(c) The replacement of
obsolete or installation of new advertising or other similar signs attached to
the building: Provided, such signs
are parallel to the building and the overhang does not exceed one foot.
(d) In the event the
encroachments referred to in (a), (b) and (c) above by reason of color or
placement, obscure or in any way detract from the effectiveness of highway signs
or traffic signals, the city may cause the removal of such encroachments in the
manner hereinafter provided for the removal of an encroachment in violation of
provisions of (a) and (b) above, permitting certain encroachments, shall not
apply to business or commercial buildings outside the central business district.
(Ord. 698, Sec. 2)
following encroachments which exist in or rest upon any right-of-way are
walls, with prior written approval of the building inspector, and if such wall
does not exceed twelve (12”) inches in height above the ground on the side
with the highest elevation. (Ord. 698, Sec. 2)
15-319. ENCROACHMENTS PROHIBITED. Any other uses of street
right-of-way by owners or lessees of abutting property for private use are
hereby prohibited. Prohibited encroachments which existed prior to the effective
date of this ordinance may be continued until a change is made in the
encroachment. At the time of change, the encroachment shall then be removed. In
the event the City needs to use the street or right-of-way where a prohibited
encroachment existed prior to the effective date of this ordinance, owners or
lessees of abutting property shall not be entitled to compensation for damages
for the City’s use of such easement. (Ord. 698, Sec. 3)
15-320. ENCROACHMENTS SUPPORTED FROM THE GROUND.
All encroachments as defined in section 15-317 supported from the ground
within the business district on the streets shall be removed as hereinbefore
provided. (Code 1971, 14-319)
15-321. ENCROACHMENTS; STORAGE, DISPLAY OF MERCHANDISE.
The use of sidewalks or other areas of the right-of-way for the storage
or display of merchandise is prohibited on the streets.
(Code 1971, 14-320)
ENCROACHMENTS; REMOVAL. Whenever
any encroachment exists in violation of the provisions of this article, the
governing body shall direct the city clerk to forthwith issue notice requiring
the removal of such encroachment within a time to be specified in such notice.
If the owner of such encroachment, or his agent, is known, the notice
shall be a written notice served in person or by mail upon the owner or agent.
If the owner or agent is unknown, such notice shall be published once in
the official city paper. If the
owner or his agent shall fail or refuse to remove the encroachment within the
time fixed in the notice, the city shall cause the encroachment to be removed.
The cost of such removal shall be assessed against the property and shall
be certified to the county clerk and collected in the same manner as other
taxes. (Code 1971, 14-321)
ENFORCEMENT; ABATEMENT OF NUISANCE, OBSTRUCTIONS.
It shall be the duty of all officers of the city to enforce the
provisions of this article by abating or removing any nuisance, encroachment or
other obstruction found or located in any street, avenue, alley or other public
ground contrary to the provisions of this article or the laws of Kansas, by
removing or causing the same to be removed by the owner or occupants of lots or
grounds abutting, thereon, or by the person placing or maintaining the same.
(K.S.A. 12-848; Code 1971, 14-322)
ARTICLE 4. SNOW AND ICE
15-401. SIDEWALKS: REMOVAL,
ICE AND SNOW. It shall be the duty
of the owner or occupant of any lot or piece of ground adjoining or abutting
upon any street, avenue or public way within the city wherein a sidewalk shall
be located, either in front or at the side, or both, of such lot or adjoining
ground to cause to be removed from the sidewalk all snow and ice and to keep the
sidewalks at all times free from the accumulations of snow and ice.
Where there shall be ice or compacted snow on any sidewalk of such a
character as to make it practically impossible to remove the same, the
sprinkling of ashes, sand or noncorrosive chemicals on the accumulation of ice
or snow in such a manner as to make the 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 1971, 14-401)
15-402. DUTY, SUPERINTENDENT OF MUNICIPAL UTILITIES.
It shall be the duty of the superintendent of municipal utilities to
notify any person required by section 15-401 to remove ice or snow to clear his
sidewalks as required, or treat the same, within five hours after the abatement
of a storm causing any accumulation of ice or snow.
When the storm shall have occurred in the nighttime, the required notice
may be given within five hours after sunrise.
(Code 1971, 14-402)
15-403. REMOVAL BY CITY. When
a person shall neglect or fail to remove any accumulation of ice or snow, or
treat the same as herein required and after notice to do so has been given, the
superintendent of municipal utilities may remove the same.
He shall keep an account of the cost of such removal and report the same
to the city clerk. The governing
body shall assess the cost against the abutting lots.
The city clerk shall certify the same to the county clerk for collection
as provided by law. (Code 1971,
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