CHAPTER VI: STREETS, SIDEWALKS, ALLEYS, AND PUBLIC LANDS
Section 600 Excavations and Backfill
Section 600:00. Street Excavations. No person shall commence or make any excavation in any street, sidewalk or public ground without first having secured a Permit therefor from the City, and the person or firm employed to make any sewer or water installation or connection is hereby charged with the duty of seeing to it that such permit is applied for and issued before starting any work on said installation or connection. The fee for such permit shall be in the amount duly established by the Council from time to time, but when a fee is paid for a sewer construction permit or a permit to connect with the water supply, the excavation permit for the necessary digging incidental to the installation of such sewer or water pipes shall be issued without any additional fee. Every applicant must sign an agreement in substantially the following terms;
In consideration of the granting of the excavation permit this day applied for, the undersigned agrees;
1. To do the work as directed by the sewer commissioner so as to occasion the least possible inconvenience to the public, and to provide for the passage of water along the gutters.
2. To leave at least onehalf of the street clear for the passage of vehicles, and to provide safe bridge ways on sidewalks for foot passengers.
3. To guard any open excavation with substantial railings constructed and placed so as to bar all entrance to the excavation, and at night to show the limits of the railings and excavations by red lights; and also to mark the limits of piles of material by such red lights.
4. To refill the excavations as soon as is reasonably possible, and replace paving, sidewalks and all appurtenances in at least as good condition as before the excavation; in refilling, to lay the earth in layers not over eight inches deep, and to puddle each layer thoroughly. If, within one year after such refilling the sewer commissioner shall find any defects caused by improper excavation or improper refilling, to remedy such defects on reasonable notice. If the person doing such excavation work shall fail to remedy any defect found therein within a year after its completion, upon notice from the sewer commissioner, the municipality may cause the work to be done at his expense.
5. To remove at once all rubbish and surplus earth.
6. To indemnify and hold the municipality harmless from all damages or claims arising out of the excavation work or accidents caused or claimed by the injured party to have been caused by the excavation or by the failure to do the work or guard it properly.
Section 600:05. Materials Excavated. All materials excavated shall be removed from streets and shall be either placed upon the property of the person engaged in the excavating activity or shall be hauled away.
Section 600:10. Backfill Materials. It shall be unlawful to backfill any excavation in any streets with materials of lesser quality than that set forth in Class Five (5) of the governing specifications State of Minnesota, Department of Highways Standard Specifications for Highway Construction, a copy of which shall be available for the inspection of the public in the office of the City Administrator.
Section 600:15. Compacting. Upon commencing backfill operations, the material shall be compacted at intervals of no less than eight (8) inches.
Section 600:20. Permit Charge and Deposit. There shall be a permit charge in the amount duly established by the Council from time to time, and a $50.00 deposit. The deposit will be returned to the excavator upon completion and inspection of digging operations provided no damage was done to water or sewer lines, telephone or electric cables or natural gas lines and all restoration was completed to the satisfaction of the City.
Section 600:25. Damage and Payment Therefor. In the event damages are incurred at the negligence of the contractor, the deposit will be forfeited to the City and the contractor will also withstand the costs of any restoration costs incurred.
Section 605 Obstructions in Public Ways
Section 605:00. Obstructions Prohibited Except Under Council Permit. No person or persons, firm or corporation, shall encumber or obstruct any street, alley, lane, ditch or gutter, sidewalk, or other public place within the corporate limits of this municipality by placing therein, or thereon any building, structure, building materials, wood, dirt, or any other material or substance, or other impediment whatever, or by making any excavation or opening therein, without first having obtained permission in writing from the Council to do so; and any such permission shall specify the portion of the sidewalk, street, or other public ground, to be used and the period for which the same may be used; provided further, that such permission may be revoked at any time and that at the expiration thereof, or revocation of such permission, the person or persons, firm or corporation, having so obstructed said street, alley, or other public ground, shall remove said material, substance or obstruction immediately.
Section 605:05. Removal of Obstruction and Expense. When any obstruction or encumbrance of any kind shall be put, placed, or left on any street, sidewalk, alley, lane or public thoroughfare in this municipality contrary to the provisions of this ordinance, the City Administrator or any police officer shall notify the person who put, placed, or left such obstruction or encumbrance on such street, sidewalk or other public thoroughfare and the owner of the abutting property if they are not the same person to immediately remove the same. If such person fails or refuses to remove such obstruction or encumbrance within a reasonable time, such obstruction, or encumbrance, may be removed by municipal employees, upon the order of the City Administrator, and they shall make an itemized account of the expenses, if any, incurred in, or by reason of, such removal and shall verify such account and file it with the City Administrator, and they shall make an itemized account of the expenses, if any, incurred in, or by reason of, such removal and shall verify such account and file it with the City Administrator, and such expense shall be paid out of the General Fund of this municipality, which said expense may be recovered from the owner of such materials by sending an invoice, and upon Council order a civil suit.
Section 605:10. Unimproved alley[1]. Recognizing the potential conflict that can arise between neighboring properties when they share an unimproved alley, the City Council establishes the following requirements pertaining to such situations.
Subd. 1. Dedicated, unimproved alley. Any dedicated alley that is undeveloped and not maintained by the city may be used by the public or abutting landowners for limited travel specifically for access to properties that abut the alley, that is not reasonably available from other improved streets or alleys. The decision to improve a dedicated alley is vested in the legislative discretion of the City Council.
Subd. 2. Improvements & alterations prohibited. No party is permitted to improve or alter a public alley without the expressed approval of the City Council.
Subd. 3. Obstruction and encroachment prohibited. No party shall encumber, obstruct or restrict public access to, nor enchroach upon any dedicated, unimproved alley by placing therein, or thereon any building, structure, building materials, wood, dirt, vegetation of any kind other than grass, or any other material or substance, or other impediment whatever, or by making any excavation or opening therein.
Subd. 4. Removal of Obstruction and Expense. When any obstruction or encumbrance of any kind shall be put, placed, or left on any dedicated alley contrary to the provisions of this ordinance, the City shall notify the person who put, placed, or left such obstruction or encumbrance to immediately remove such obstruction or encumbrance within reasonable time. Such obstruction or encumbrance may be removed by municipal employees, upon the order of the City Administrator, and such expense may be recovered from the owner of such materials by sending an invoice.
Subd. 5. Garages prohibited. The construction or installation of an attached or detached garage upon a property shall be prohibited when the only vehicle access to such structure is by virtue of an unimproved alley. Exceptions may be granted to this requirement only when the City Council finds that the strict application of this requirement would place an undue hardship upon the property owner.
Section 605:15. Regulating Height of Wires. It shall be unlawful for any person, company, or corporation, agent or employer thereof in any manner to obstruct or cause to be obstructed any street, alley or public crossing in this municipality by stretching or leaving any wire, cord, rope, sign or other obstruction over the same unless said wire, cord, rope, sign or other obstruction be twentyfive feet or more above the street surface, alley or crossing at such point.
Section 605:20. Regulating Poles. It shall be unlawful for any person, company or corporation or any agent or employer thereof within the limits of this municipality to use or erect or cause to be erected any electric light pole, telegraph, not proper strength and size, straight and at least thirtyfive feet in length firmly set in the ground and painted.
Section 610 Bridge Regulations
Section 610:00. Bridge Regulations. It shall be unlawful for any person to stand, sit or remain on any bridge crossing the Sauk River in Cold Spring for the purpose of fishing between the hours 7 a.m. until 10 o'clock p.m.
Section 615 Railroad Engines and Cars
Section 615:00. Speed. It shall be unlawful to propel or run any railway steam engine, locomotive, train of cars or car within the limits of this municipality at a rate of speed exceeding 6 miles per hour.
Section 615:05. Obstruction. No corporation, company, railroad conductor, engineer, fireman, brakeman or other person operating, running or at time having the management or control of any railway engine, train of cars or car or any portion thereof or appendage thereto upon or across any street, highway or sidewalk within this municipality, nor by means of any such engine, train of cars or car incumber or obstruct any street, highway or sidewalk within the corporate limits longer than ten minutes at a time nor so as to prevent the free and safe passage of motor vehicles, teams, carriages and pedestrians for a longer time than ten minutes within any space of fifteen consecutive minutes.
Section 620 Sidewalks Policy; Snow, Ice, Dirt and Rubbish Removal;
Repair of Sidewalks, Replacement and Removal, Special Assessments
Section 620:00. Definitions.
Subd. 1. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in Section 620:00 et seq. shall have the meanings set forth in the subdivisions of this section which follow.
Subd. 2. "Current service" means one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street, grass plots adjacent to sidewalks or from private property; repair of sidewalks.
Section 620:05. Policy.
Subd. 1. Redevelopment areas (major street improvements). The City Council has the authority to make policy on any/all sidewalk replacement projects. If in the process of engineering it is determined that the installation of sidewalks are feasible, the Council may order the construction of the sidewalks and assess that portion of the cost of the project which benefits the property.
Subd. 2. New Developments.
a.sidewalks shall not be required but curb and gutter shall be required.
b.sidewalks must run the entire length of a given side of a block where sidewalks are required pursuant to the terms of this ordinance.
Section 620:10. Snow, Ice, Dirt, and Rubbish Removal.
Subd. 1. All snow, ice, dirt, and rubbish remaining on a public sidewalk more than 12 hours after its deposit thereon is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after its deposit thereon.
Subd. 2. The street commissioner may remove from all public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning 12 hours after any such matter has been deposited thereon or after the snow has ceased to fall. He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the City Administrator.
Section 620:15. Weed Elimination.
Subd. 1. Any weeds, or grasses, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley within the corporate limits of this municipality to a greater height than eight (8) inches or which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property.
Subd. 2. When the owner and occupant permit a weed nuisance to exist in violation of this ordinance, the Weed Inspector shall serve notice upon the owner of the property if he resides in this municipality and can be found, or upon the occupant in other cases, by registered mail or by personal service, ordering such owner or occupant to have such weeds cut and removed within five (5) days after receipt of the notice and also stating that in case of noncompliance such work will be done by the municipality at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. When no owner, occupant or agent of the owner or occupant can be found, the provision for notice shall not apply.
Subd. 3. If the owner or occupant fails to comply with the notice within five (5) days after receipt, or if no owner, occupant, or agent of the owner or occupant can be found, the street commissioner, or his duly authorized agents or employees shall cut and remove such weeds or grasses. The street commissioner shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Administrator.
Section 620:20. Repair of Sidewalks.
Subd. 1. The owner of any property within the corporate limits of this municipality whose property abuts a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with standard specifications approved by the Council and on file in the office of the City Administrator.
Subd. 2. The street commissioner shall make such inspections as are necessary to determine that public sidewalks are kept in repair and safe for pedestrians. If he finds that any sidewalk abutting private property is unsafe and in need of repairs, he shall cause a notice to be served, by registered mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the corporate limits of this municipality or cannot be found therein, ordering such owner to have the sidewalk repaired and made safe within 30 days and stating that if the owner fails to do so, the municipality will do so, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned.
Subd. 3. If the sidewalk is not repaired within 30 days after receipt of the notice, the street commissioner shall report the facts to the Council and the Council shall be resolution order the street commissioner, his agents or employees, to repair the sidewalk and make it safe for pedestrians or order the work done by contract in accordance with law. The street commissioner shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the City Administrator.
Section 620:25. Personal Liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service. As soon as the service has been completed and the cost determined, the City Administrator shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Administrator.
Section 620:30. Assessment. On or before September 1st of each year, the City Administrator shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
Section 620:35. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law.
Section 625 Street Names
(Shown for reference and information only and not included as a part of this ordinance code)
ORDINANCE NO. 59
AN ORDINANCE RENAMING CERTAIN STREETS, PROVIDING FOR THE MAKING,