Chapter 135—Street Use and Maintenance

135.01 Removal of Warning Devices
135.02 Obstructing or Defacing
135.03 Placing Debris On
135.04 Playing In
135.05 Traveling on Barricaded Street or Alley
135.06 Use for Business Purposes
135.07 Washing Vehicles
135.08 Burning Prohibited
135.09 Excavations
135.10 Maintenance of Parking or Terrace
135.11 Failure to Maintain Parking or Terrace
135.12 Dumping of Snow
135.13 Driveway Culverts
135.14 Sump Pump Drainage

135.01 REMOVAL OF WARNING DEVICES.

It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.
(Code of Iowa, Sec. 716.1)

135.02 OBSTRUCTING OR DEFACING.

It is unlawful for any person to obstruct, deface, or injure any street or alley in any manner.
(Code of Iowa, Sec. 716.1)

135.03 PLACING DEBRIS ON.

It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the storm sewer, or any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 321.369)

135.04 PLAYING IN.

It is unlawful for any person to coast, sled or play games on streets or alleys, except in the areas blocked off by the City for such purposes.
(Code of Iowa, Sec. 364.12[2])

135.05 TRAVELING ON BARRICADED STREET OR ALLEY.

It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the fire department.

135.06 USE FOR BUSINESS PURPOSES.

It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

135.07 WASHING VEHICLES.

It is unlawful for any person to use any public sidewalk, street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.

135.08 BURNING PROHIBITED.

No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

135.09 EXCAVATIONS.

No person shall dig, excavate or in any manner disturb any street, parking or alley except in accordance with the following:

  1. Permit Required. No excavation shall be commenced without first obtaining a permit therefor. A written application for such permit shall be filed with the City and shall contain the following:
    1. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate;
    2. A statement of the purpose, for whom and by whom the excavation is to be made;
    3. The person responsible for the refilling of said excavation and restoration of the street or alley surface; and
    4. Date of commencement of the work and estimated completion date.
  2. Public Convenience. Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
  3. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.
  4. Bond Required. The applicant shall post with the City a penal bond in the minimum sum of one thousand dollars ($1,000.00) issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section. In lieu of a surety bond, a cash deposit of one thousand dollars ($1,000.00) may be filed with the City.
  5. Insurance Required. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and all agents and employees for the following minimum amounts:
    1. Bodily Injury – $50,000.00 per person; $100,000.00 per accident.
    2. Property Damage – $50,000.00 per accident.
  6. Restoration of Public Property. Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.
  7. Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, nor resurfacing of any improved street or alley surface begun, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least twenty-four (24) hours prior to the time when inspection of backfill is desired.
  8. Completion by the City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of twenty-four (24) hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses therefor to the permit holder/property owner.
  9. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.
  10. Notification. At least forty-eight (48) hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.
  11. Permit Fee. A permit fee of twenty-five dollars ($25.00) shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation.
  12. Permit Issued. Upon approval of the application, filing of bond and insurance certificate, and payment of any required fees, a permit shall be issued.
  13. Permit Exemption. Utility companies are exempt from the permit application requirement of this section. They shall, however, comply with all other pertinent provisions.
135.10 MAINTENANCE OF PARKING OR TERRACE.

It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the front curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs, repairing curb, and picking up litter.
(Code of Iowa, Sec. 364.12[2c])

135.11 FAILURE TO MAINTAIN PARKING OR TERRACE.

If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2e])

135.12 DUMPING OF SNOW.

It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent. Arrangements for the prompt removal of such accumulations shall be made prior to moving the snow.
(Code of Iowa, Sec. 364.12 [2])

135.13 DRIVEWAY CULVERTS.

The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.

135.14 SUMP PUMP DRAINAGE.

It is unlawful for the owner of any property to discharge sump pump drainage into the sanitary sewer system. It is further unlawful for the owner of any property abutting a public way to allow a sump pump discharge line to drain onto the street or alley except as provided for by the following subsections:

  1. Except as hereafter provided, existing sump pump discharge lines that drain onto a public street or alley may be allowed to continue draining to the street or alley, contingent upon the Street Superintendent’s issuing a permit to discharge onto a public street if, in the opinion of the Street Superintendent: (i) the public storm sewer or collection line is not within a reasonable proximity to the property; (ii) the discharge does not create a traffic or pedestrian hazard; and (iii) there is adequate surface drainage capacity available.
  2. The Street Superintendent may revoke the permit for a violation of this section, for providing false or misleading information on the application form, or for any other reason that, in the Street Superintendent’s sole discretion, adversely affects the health or safety of the citizens or that becomes a public nuisance. The revocation shall be effective within ten days after the date notice is served on the owner, personally or by certified mail, return receipt requested.
  3. The City may at its sole discretion require that a property owner connect a sump pump drain to the storm sewer or to a collector line when provided by the City or a developer when it is adjacent to the property owner’s property.
  4. Violation of any part of this section shall constitute a municipal infraction and, notwithstanding any other provisions of this Code of Ordinances, shall be punishable upon the finding of a violation by the Court. Each day the violation continues shall constitute a separate, distinct offense.
  5. This section applies equally to occupants and tenants as well as owners of real property, residential and commercial. Liability for compliance and for penalties shall be joint and several as between the owner and occupant or tenant.
  6. Prior to every transfer of real property within the City, whether by deed or real estate contract and with or without consideration, the Grantor shall obtain from the Street Superintendent a Certificate of Sump Pump Inspection, which shall be delivered to the Grantee at the time the Grantor is required to deliver the Grantor-Seller’s Disclosure Statement pursuant to Section 558A.2(1) of the Code of Iowa. The Certificate shall state that the Street Superintendent has inspected the below ground level, if any, and has determined one of the following conditions exists: (i) the sump pump drainage system complies with this section; (ii) the system does not comply with this section, stating the reasons therefor; (iii) no sump pump drainage system has been installed in the lowest level of the premises; (iv) there is no basement or below-ground level within the structure. As between the Grantor, Grantee, and the City, once the property has been conveyed, both Grantor and Grantee shall be jointly and severally liable for a violation of this section and for bringing the sump pump drainage system in compliance with this section.