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Chapter 510: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

ARTICLE I: General Provisions

Section 510.010.  Placing Obstructions on Streets, Sidewalks and Public Places. [CC 1984 §49a.010]

No person shall, in this City, place or throw, or cause to be thrown or placed into or upon any street, sidewalk or other public place, any article whatever so as to obstruct the free passage thereon. 

Section 510.020.  Grating and Doors, Etc., on Sidewalks to Be Secure. [CC 1984 §49a.020]

No person shall, in this City, keep or leave open any cellar door, or the grating of any window or vault in any street or sidewalk, suffer or permit any door or grating belonging to the premises owned or occupied by him/her opening in or through any street or alley to be left in an insecure condition, whereby any person may be in danger of falling through such door or grating; and no person in this City shall construct or maintain or permit to be constructed or maintained on his/her premises any door or grate abutting on any sidewalk or so nearly abutting thereon which swings outward so as to obstruct the free passage of persons along the sidewalk. 

Section 510.030.  Sidewalks to Be Kept Clean From Snow, Mud and Ice. [CC 1984 §49a.030]

The owners, agents and occupants of real property within the City, owned by them, under their charge or occupied by them, shall keep the sidewalks along and in front of and adjoining their property reasonably clear from mud, filth, snow or ice, and after a fall of snow, such owners, occupiers or agents shall within one (1) day from the time such snow ceases to fall, cause the snow to be removed and cleaned off the sidewalk, along and in front and adjoining the property owned by them, under their charge, or occupied by them. 

Section 510.040.  Protection of Excavations Adjoining Streets, Sidewalks and Public Places. [CC 1984 §49a.040]

It shall be unlawful for any person to dig any excavation adjoining any street, sidewalk or public place without erecting and maintaining such barriers, warning signs and lights and without taking all such other precautions as may be necessary to adequately safeguard life, limb and property endangered by such excavation.  

ARTICLE II

Excavations

Section 510.050.  Permit Required. [CC 1984 §49a.050]

It shall be unlawful for any person to dig up or in any manner make excavation in any street, sidewalk or public place in the City without first having obtained a permit from the City Clerk so to do. 

Section 510.060.  Application for and Issuance of Permit. [CC 1984 §49a.060]

Any person desiring an excavation permit shall make written application therefor to the City Clerk which shall designate the place of such excavation with reasonable certainty and the reason a necessity exists for such digging or excavation. If such digging or excavation is intended to be made for a necessary and lawful purpose, the City Clerk shall issue such permit. 

Section 510.070.  Permittee's Duty to Backfill. [CC 1984 §49a.070]

By his/her acceptance of an excavation permit the permittee agrees to properly backfill any excavation made by him/her pursuant to his/her permit. 

Section 510.080.  Restoration Fees. [CC 1984 §49a.080; Ord. No. 830 §1, 10-22-2002; Ord. No. 08-900 §1, 3-10-2005]

The Board of Aldermen and/or City Administrator shall prepare a schedule of fees to be paid by applicants for an excavation permit in such amounts as the Board and/or City Administrator may determine to be necessary to cover the costs of restoring the surface after correctly backfilling the excavations or repairs, but in no event shall the fee/bond be less than two hundred fifty dollars ($250.00). When the surface is restored by permittee in a manner satisfactory to the sewer and/or street personnel and no problems exist from work performed, and after one (1) year, the fee paid by such permittee shall be refunded to such permittee; and if the surface is restored or problems were corrected by the City, such fee shall be applied toward the cost of restoration/repairs and the excess, if any, shall be refunded to permittee; and if the fee is insufficient to cover the cost of restoration of the surface or repairs by the City, the permittee shall be liable to the City to the extent that the costs to the City exceed the amount of the fee. 

Section 510.082.  Bond/Fee. [Ord. No. 830 §2, 10-22-2002; Ord. No. 08-900 §2, 3-10-2005] 

 A.    Bond/fee shall be in the form of cash or other valid security as determined by the City Clerk and shall be held for seventy-two (72) hours before deposited in the City accounts. 
 B.    Unless directed by the City Inspector, all excavations made within the City street and/or alleys shall be backfilled in the following manner: From the bottom of the ditch to within two (2) feet of the top of the ground level; shall be sand or chips first twelve (12) inches, then be one (1) inch clean gravel remainder to within two (2) feet. Then one (1) foot of clay or suitable material to form a compact water seal, then one (1) inch clean gravel, with street/alley top layer, being of the same material and thickness as existing street or alley. 
 C.    All excavations made within two (2) feet of a sewer main, sewer manhole or water main requires a bond/fee of one thousand dollars ($1,000.00). All work performed next to or within two (2) feet of the sewer main, City personnel will supervise the sewer/water main and/or sewer manhole as work is being performed. All or a portion of the bond/fee payment shall be retained by the City of La Plata if damage has occurred to the sewer main, manhole or water main. 
 D.    Any work/excavations that requires a City Inspector (zoning, water, sewer, street or electrical) after normal hours or weekends shall be paid by the permittee at the actual cost to the City for that employee. 
 E.     Any bonding and/or any cost incurred to the City, that the permittee has not posted or paid, shall be added to the resident's utility bill where the work is being performed.   

Section 510.090.  Protection of Persons and Property. [CC 1984 §49a.090]

Permittees under this Chapter shall erect and maintain such barriers, warning signs and lights, and take such other precautions as may be necessary to adequately safeguard life, limb and property; and shall comply with any lawful requirements which the Board of Aldermen or the City Clerk may impose for this purpose. 

Section 510.100.  Work Done Under Permit to Be Prosecuted Diligently. [CC 1984 §49a.100]

All work done pursuant to an excavation permit shall be prosecuted diligently and without avoidable delay, to the end that all excavations shall be backfilled and the repair and restoration work completed within a reasonable time. Whenever, in the opinion of the City Clerk, a permittee fails to meet the requirements of this Section, he/she shall notify the delinquent permittee that the work must be completed and the excavation backfilled within a period of time to be stated in the notice; and failure of permittee to comply with such notice shall constitute a violation of this Section.  

ARTICLE III

Sidewalks

Section 510.110.  Condemnation of Defective Sidewalks. [CC 1984 §91.010; Ord. No. 17-07 § 1, 5-9-2017]

Whenever the Board of Aldermen shall find and determine any sidewalk, or any portion thereof, within the corporate limits of the City of La Plata to be defective, the Board of Aldermen may by resolution condemn the same. 

Section 510.120.  Notice to Owner of Abutting Property. [CC 1984 §91.020; Ord. No. 17-07 § 1, 5-9-2017]

When the Board of Aldermen shall condemn any sidewalk or any portion thereof, the owner of the property abutting thereon shall be immediately notified by the City Clerk of that fact; and it shall be the duty of such abutting property owner within a period of ninety (90) days after such condemnation, to repair, or construct such sidewalks to specifications established by the Board of Aldermen in Section 510.170 of this Article, or to remove the condemned residential sidewalk and landscape the area to an acceptable appearance which will pass inspection by the Street Commissioner of La Plata, Missouri. 

Section 510.130.  Repair and Construction of Sidewalks by City. [CC 1984 §91.030; Ord. No. 17-07 § 1, 5-9-2017]

When, after condemnation by the Board of Aldermen of any sidewalk or portion thereof, and notice of such condemnation to the abutting property owner, such abutting property owner shall fail within a period of ninety (90) days after such condemnation, to repair, construct or reconstruct such sidewalk or to remove the condemned residential sidewalk and landscape the area to an acceptable appearance, the City shall have authority to repair, construct or reconstruct the same or to remove the condemned residential sidewalk and landscape the area to an acceptable appearance, keeping an accurate account of the amount expended for labor and material, including grading and filling opposite each lot or piece of ground, and each lot or piece of ground abutting on said sidewalk, so repaired, constructed/reconstructed, or remove and landscaped to an acceptable appearance, shall be liable for the actual costs thereof as reported to the Board of Aldermen by the Street Commissioner or a committee authorized by the Board of Aldermen to have charge of the matter, and special tax bills shall be issued for the amount thereof, which said special tax bills shall be a lien against the respective lots and pieces of ground therein described, as in the case of other special tax bills issued by said City. 

Section 510.140.  through Section 510.160. (Reserved) [1] 

Section 510.170.  Sidewalk Specifications. [CC 1984 §91.070; Ord. No. 17-07 § 1, 5-9-2017]

All new sidewalks hereafter built or old ones rebuilt within the corporate limits of the City of La Plata, Missouri, shall be built under the direction and supervision of the Street Commissioner or a committee authorized by the Board of Aldermen to have charge of the matter, and shall be of concrete, and shall be a minimum of three (3) inches thick, and shall be of the following width: On the streets around the public square, not less than eight (8) feet; and on all other streets in said City, not less than four (4) feet. 

Section 510.180.  Removal of Sidewalks. [Ord. No. 837 §1, 12-10-2002; Ord. No. 17-07 § 1, 5-9-2017]

No sidewalk within the corporate City limits shall be permanently removed without the direct and written authorization of the Board of Aldermen. However, in residential area of town, a property owner may remove the condemned sidewalk and landscape the area to an acceptable appearance which will pass inspection by the Street Commissioner of La Plata, Missouri. 

Section 510.190.  (Reserved) [2] 


[1].  Editor's Note: Former Sections 510.140, Construction Of New Sidewalks, adopted and/or amended by CC 1984 § 91.040; 510.150, Notice To Owner Of Abutting Property, adopted and/or amended by CC 1984 § 91.050; 510.160, Construction Of New Sidewalks By The City, adopted and/or amended by CC 1984 § 91.060, were repealed 5-9-2017 by Ord. No. 17-07 § 1.

[2].  Editor's Note: Former Section 510.190, Shared Cost Sidewalk Replacement Policy, adopted and/or amended by Ord. No. 837 § 2, 12-10-2002, was repealed 5-9-2017 by Ord. No. 17-07 § 1.