HomeMy WebLinkAboutO-945ORDINANCE NO.9�1�
AN ORDINANCE TO ESTABLISH PROVISIONS FOR THE SAFEGUARDING
OF THE PUBLIC HEALTH, SAFETY AND WELFARE UPON STREETS,
RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY BEING USED UNDER
LICENSE FROM THE CITY BY PERSONS PERFORMING WORK UPON
SUCH PUBLIC PROPERTY OR UPON LANDS ADJOINING SUCH PUBLIC
PROPERTY, AS PROVIDED IN SECTION 19-6 OF THE FAIRHOPE CODE
OF ORDINANCES;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
Section 1. It is the intent of the City that all public
lands shall remain under the direct control of the City
and that any use thereof except as otherwise provided
herein shall be subject to the authorization of the
Mayor. The Mayor may delegate power of authorization to
the department heads, subject to his overall supervision;
provided that such authorization shall be in writing.
Section 2. Where a building permit has been issued for
construction upon lands abutting the public right-of-way,
such permit carries with it the implicit authority for
the builder to have ingress and egress across the public
right-of-way for access to the construction site by
vehicles and personnel required for the prosecution of the
work. Provided, however, except in cases of unusual
hardship where permission has been granted by the City in
writing, the public rights -of -way or other public lands
shall not be used by the builder as a construction staging
area nor as a parking lot for construction or workers
vehicles; neither shall the public property be used for
the storage of building materials, temporarily or
otherwise. The builder shall safeguard the public
property, s 1 keep the same clear of obstructions and
debris and shall keep the same free from any condition
arising out of his operation which would or might present
a hazard to persons using or entitled to use such public
property. The builder shall at all times preserve the
state of maintenance of the public property to that which
existed at the start of his operation.
Section 3. Where the public property is being used in
connection with a valid building permit in a manner such
as to constitute a violation of this or any other City
code or ordinance, the Building Official or any other
authorized enforcement officer is empowered to take the
following actions:
(a) On a first offense, the official shall issue to
the offending party by certified mail, by
personal service, or by posting on the work site a
Municipal Warning, setting forth the nature of violation
and the required remedy, allowing not less than 48 hours
for compliance, except in a situation where conditions are
such as to pose an imminent danger to life or property.
In the event that the offending party fails or refuses to
correct the violation within the time prescribed, the
official may then issue a Municipal Offense Ticket under
the provisions of Section 10-26, et seq, of the Fairhope
Code of Ordinances. Such tickets may be issued for a
first or subsequent offense hereunder. The minimum fine
for a first offense shall be $100.00, for a second offense
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$200.00 and for any subsequent offense at the discretion of the judge
trying the case. A jail sentence may be meted out at the discretion
of the judge for any offense hereunder in addition to the prescribed
fine. The issuance of a Municipal Ticket shall not bar the official
from pursuing any other remedial action authorized by this or any
other law or code of the City.
(b) Within not less than 48 hours after having issued a written
warning to the offending party, and where there is not an imminent
peril to life or property, the Building Official or other authorized
enforcement officer may issue a Stop Work Order directing that all
construction activity under the permit cease until the violation
has been corrected. Such Stop Work Order may be directed to the
offending party by certified mail, by personal service or by posting
upon the work site. Any person who continues work in wilfull disregard
of such stop order may be charged with violation of Section 1-9 of
the Fairhope Code of Ordinances. Prior notice of violation shall
not be required where the enforcement officer reasonably believes
that there is imminent peril to life or property. The foregoing
shall not operate as a bar to the official's filing a formal complaint
for issuance of a Warrant of Arrest for violation of the provisions
herein.
(c) Where a condition exists as a result of the operations of a
licensee of the public property such as would or might present an
imminent peril to life or property, the City may perform the work
reasonably required to mitigate the hazard and, in such event, shall
bill the licensee for the costs of the work so performed. Non-payment
of such claim may result in a lien against the property of the licensee
which is the beneficiary of the permitted use of public property.
Section 4. The authorization to use public property does not imply
the right to cut or otherwise disturb pavement on any City street
or walkway nor to disturb any utility. Such work shall require the
express consent of the Cityin-writing and, when issued, it shall
be a condition subsequent that all alterations and repairs be made
to the City's requirements and be approved by the General Superintendent.
Violations of this section shall be subject to the same enforcement
procedures as outlined in Section 3 above, insofar as applicable.
Persons exempt from the permit requirement as provided in Section 19-5
(2) and (3) of the Code of Ordinances shall nonetheless be subject
to the same sanctions for failing to safeguard, repair or restore
the public property in the course of their operations.
Section 5. This ordinance shall be amendatory of the Code of Ordinances
of the City of Fairhope and the same shall be appropriately incorporated
therein by the codifiers.
Section 6. This ordinance shall be effective upon its due adoption
and publication as required by law.
ADOPTED THIS THE 13TH DAY OF SEPT-EMBER 1993.
. Nix, Mayor
Evelyn Phillips
City Clerk
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