AN ORDINANCE REGULATING THE SIDEWALKS, STREETS AND ALLEYS OF THE CITY OF RICH HILL, BATES COUNTY, MISSOURI.
BE IT ORDAINED by the Board of Alderman of the City of Rich Hill, Missouri as follows:
Obstruction of Sidewalks, Streets and Alleys; Use While Under Repair
Section 1 Except as provided for in Section 2 of this Article I, it shall be unlawful for any person, without permission obtained from the Board of Alderman, to place or keep any obstructions on the sidewalks, streets or alleys of the City, including but not limited to, fences, porches, buildings, stairways, cellar steps, or any other stationary object that may interfere with the full and free use of the sidewalks, streets or alleys of the City by the public. In the event of any violation of this Section, the offender upon conviction shall be liable, in addition to the punishment provided for in Article VI of this Ordinance, for the cost of removing such obstruction when such removal shall be done upon the order of the Board of Alderman and at the expense of the City of Rich Hill.
Section 2 Section 1 of this Article I shall not be construed to prevent or prohibit:
- merchants, mechanics, business persons or other persons from receiving and/ or transporting upon or over the sidewalks, streets and alleys of the City any article, object, or thing which may be necessary to them in connection with their business or occupation, so long as it is done so in a manner that will not unreasonably interfere, as far as the duration of time and extent of the obstruction, with the use of the sidewalks, streets or alleys by others; or
- The use or not more than two (2) feet of the sidewalk next to a commercial building for the purpose of displaying goods and wares in front of said commercial building.
Section 3 Except in case of a medical or property emergency, no person who shall use or attempt to use any street or highway in any manner whatsoever which is in the process of construction and/or repair, where such use could cause injury and/or adversely affect or delay the work being undertaken on said street or highway, without the consent of the City or the contractor, his or its agent or foreman undertaking such work. Nothing contained in this Section shall apply to personnel of the City fire, police or other departments while in the regular discharge of their official duties.
Section 4 The City of Rich Hill or a contractor for the City of Rich Hill has the right to remove any brush, trees, weeds or grass that is blocking the view or interfering with any utilities along any right of way of any street or alley. The removal of any brush, tree limbs or tree, weeds or grass will only be removed along or upon the city’s right of way of any street or alley.
Repair and Maintenance of Sidewalks
Section 1 Duties of Owner
- It shall be the duty of every owner(s) of any property fronting or abutting on any public sidewalk in the City to keep the public sidewalk in front of or abutting on such property in good repair and free of litter, debris, and snow. Any person owning and/or occupying real estate within the City of Rich Hill which abuts a public sidewalk shall clear any snow which has accumulated to a depth of 1 inch or more from said sidewalk within twenty-four (24) hours of such accumulation.
- In the event the Board of Aldermen should determine that a sidewalk should be constructed within the City, it shall be the duty of the property owner whose property abuts the area where the sidewalk is to be constructed to build the sidewalk at the property owner’s expense in accordance with the requirements of this Article II.
- In an effort to assist the property owner in complying with the property owner’s duties with respect to the construction, repair or maintenance of a sidewalk, the Board of Aldermen will provide the following assistance to a property owner;
Upon contacting city hall, arrangements may be made with the city superintendent by signing a work order for the city to use its equipment and labor for the disposal of the old sidewalk at no charge to the property owner. The city will also haul rock, by the ton (which is one backhoe bucket scoop), provided a work order has been placed at city hall and the rock is paid for in advance. There is no hauling charge for the rock. This service will be provided upon the availability of labor and equipment at the time it is requested.
Section 2 Specifications for Sidewalks
- All sidewalks which are to be constructed or repaired by a property owner in accordance with Article II of this ordinance shall comply with the following specifications:300 psi concrete (5 ½ sack mix)
- 4 inch thickness
- concrete joints every 4 feet or as long as they are in conformity with the surrounding sidewalk sections
- slump of 4 inch maximum
- 5 ½ % air (better for protection from salt damage)
- slope for run off
- light broom finish for traction
The Board of Aldermen recommends that you place a seal where the sidewalk meets the street
Section 3 Notice to Build or Repair Sidewalk
Whenever the Board of Aldermen shall determine, by ordinance, to have any public sidewalk constructed or repaired, the Board shall cause at least a 15 day notice, in writing, to be served on the owner(s) of any real estate abutting such sidewalk of its intent to require such construction or repair. Said notice shall require such owner(s) to begin to build, repair or complete the building and/or repairing of any such sidewalk in a reasonable time thereafter as provided by the Board of Aldermen in said notice.
Such notice shall contain a description of the real estate involved, a general description of the condition of the existing sidewalk to be repaired or the sidewalk to be constructed, and the time for compliance with such construction or repair requirement.
Written notice, if it cannot be personally hand delivered to the property owner, can be personally served by depositing such notice in the U.S. Postal Service by certified mail and shall be addressed to the owner at his last known address. The mailing certification shall constitute personal service for purposes of this section.
If the notice in writing cannot be personally served or if the owner(s) are unknown and cannot be personally served as provided above, the Board shall cause a four (4) weeks’ notice to be published in a daily or weekly newspaper published in Bates County, Missouri setting forth all information as required in the written notice.
Section 4 Failure to Build or Repair
If at the expiration of the time of compliance as provided in such notice the owner(s) have not commenced to build or repair such sidewalk and complete the same in a reasonable time thereafter, in the judgment of the Board, said Board may cause such sidewalk to be built or repaired at the expense of the City. The cost and expense of building or repairing such sidewalk shall be certified as a tax bill in accordance with Section 6 of this Article II.
Section 5 Charges for City Work
The following charges may be assessed as special tax bills for the work performed by the City under Section 4 of this Article II.
- Labor for City employees will be at the rate of $20.00 per hour per employee.
- Use of City equipment will be charged at the established rate for rental of equipment.
- Cost of any purchase of materials
- The cost of the ownership and encumbrance report.
- Administrative costs shall also be collectible and shall be included in the Special Tax Bill which will include a $50 processing fee in addition to the cost of postage and advertising.
Section 6 Tax Bill
In connection with any work undertaken by the City in accordance with sections 4 and 5 of this Article II, the City Clerk shall cause a special tax bill therefore against the property to be prepared and to be collected by the City Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the recitals therein and of its validity, and no mere clerical error of informality in the same or in the proceedings leading up to the issuance shall be a defense thereto. Such tax bills, if not paid when due, shall bear interest at the rate of 18% per annum.
At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years.
Culverts and Ditches
The following are the standards and requirements to be followed by all property owners within the City in connection with the installation of culverts and maintenance of ditches in the City of Rich Hill.
Section 1 Specification for Culverts:
(a) Culvert pipe or tube must be constructed of concrete, galvanized steel or high density polyethylene and must be designed for use as a culvert.
(b) The size and length must be approved by the City Superintendent to allow adequate drainage.
Section 2 At the discretion of the City, ditches may be dug and culverts replaced to optimize the drainage of water from the streets and properties in Rich Hill. If there is an existing culvert in place and it is not damaged as to where the water will not drain the city will reinstall the culvert at no charge to the property owner. If the culvert needs to be larger in diameter and the existing culvert is not damaged as to where the water will not drain the City will install the larger culvert. If there is no culvert or the culvert is damaged enough that the water will not drain and the property owner desires a culvert or a longer or multiple culverts, the property owner will be responsible for paying the cost of the culverts in advance of installation and by making application to City.
Section 3 In circumstances where the property owner has no culvert and the City determines it is necessary to ditch along the property to correct drainage problems, the following procedure shall be followed:
a) Reasonable notice shall be given to the property owner, in writing, that a ditch will be dug along the property. If the property owner can not be contacted, the City may continue with the procedure.
b) If the property owner desires a culvert, the property owner will be responsible for paying the cost of the culvert in advance of installation and by making application at City Hall.
Section 4 Upon making application for and payment of the cost of the culvert by the property owner, the City will install a culvert with a minimum length of 20 feet and a maximum length of 30 feet.
Section 5 The property owner has the option of installing their own culvert but must meet the minimum requirements as specified in this Section 1.
Upon completion of installation, the culvert must be inspected by the City superintendent or his representative for compliance with the provisions of this Section.
Section 1 The City will install, replace, and maintain culverts at alleys; however, the City does not maintain the alley itself.
Curb, Guttering and Drive Entrances of Streets
Section 1 The city superintendent or his designee shall inspect all construction of all curbing, guttering, and driveways to ensure compliance with the following criteria. Any area used as a driveway will require a culvert pipe.
Section 2 Prior to any construction of curbing and guttering and drive entrances of streets, the property owner shall make application at City Hall for approval of proposed construction. Application must be approved by the Board of Aldermen prior to commencement of construction.
Approval of the application for construction shall be contingent upon the property owner providing a survey completed for the purpose of establishing the boundary lines for the property owner and the city’s public right of way. If a survey must be performed the cost of the survey will paid by the property owner paying half and the City paying half. Said survey shall be provided to the City Superintendent before application can be approved.
Section 3 In an effort to assist the property owner in complying with the property owner’s duties with respect to the construction, repair or maintenance of curbing and guttering and driveways, the Board of Aldermen will provide the following assistance to a property owner;
Upon contacting city hall, arrangements may be made with the city superintendent by signing a work order for the city to use its equipment and labor for the disposal of the old concrete that has been torn out and excess dirt at no charge to the property owner. The city will haul rock, by the ton (which is one backhoe bucket scoop), provided a work order has been placed at city hall; however, the rock must be paid for in advance. There is no delivery charge for the rock and the rock will only be piled up at the worksite. This service will be provided upon the availability of labor and equipment at the time it is requested.
Section 4 No curbing and guttering or driveway shall be constructed that shall obstruct or interfere with the use of any sidewalk by pedestrians or the use of any public street for motor vehicle traffic or that shall obstruct or interfere with the drainage of surface water upon any sidewalk or public street.
Section 5 All curbing and guttering shall be constructed to conform to the grades of the improved public street upon and along which the same is to be constructed and to conform to the grade of any public sidewalk that may adjoin such curbing and guttering.
Section 6 All driveways constructed upon any public street area or that shall connect with or discharge upon any public street shall be constructed to conform to the grade of the improved street to which the same may connect or upon which the same may discharge and shall be constructed to conform to the grade of any public sidewalk or drain pipe over or through which the same may be constructed.
Section 7 The grade of any public street or sidewalk shall be as has been established by the city superintendent or as otherwise lawfully established.
Section 8 The minimum size of culvert pipe shall be 10 inches in diameter (or larger if necessary to allow adequate flow of water as determined by city superintendent) with a minimum of 20 feet and a maximum of 30 feet in length. The culvert pipe shall be constructed of concrete, galvanized steel, or high density polyethylene and must be designed for use as a culvert.
Section 9 There shall be maintained a minimum of six inches of fill over the top of the drainage pipe.
Section 10 The owner of the property served by a driveway is responsible for the maintenance and safekeeping of the driveway within the public right-of-way. Any such driveway or entrance conduit that collapses, clogs or otherwise fails in its purpose, shall be repaired or replaced within a reasonable time after such failure by the property owner or other responsible person.
Section 11 In the event any person constructs any curbing and guttering or driveway, the construction of which is regulated by this article, that does not meet the requirements of this article the city superintendent shall advise the Board of Aldermen. The Board of Aldermen shall cause the same to be removed and may cause the same to be replaced, all at the cost of the person causing the same to have been so constructed.
Any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment for a period not exceeding 120 days or by both such fine and imprisonment.
Repeal of Conflicting Ordinance
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
This ordinance shall become effective upon the 24th day of March 2009.
Read two (2) times and approved this 24th day of March 2009.
Richard Miller, Mayor
Rose Entrikin, City Clerk
Ayes: Billingsley, Dahman, Knowles
McDaniel was absent