STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

ARTICLE III. - SIDEWALKS

DIVISION 1. - GENERALLY

Sec. 86-91. Openings in sidewalks.

Every aperture or opening in any sidewalk over any vault or coalhole, shall be covered with a substantial iron grate or place, with a rough surface without projection to prevent accidents, and the construction of all vaults and coalholes under sidewalks shall be subject to the direction and supervision of the commissioner of the department of streets and public improvements.
(Code 1987, § 6.22)

Sec. 86-92. Sidewalks declared nuisances.

Every sidewalk which is so much worn or out of repair as to endanger the safety of persons passing over the same, is declared to be a nuisance. No persons shall suffer or permit such nuisance to exist in front of or adjoining premises owned by him after being notified in writing by the commissioner of the department of streets and public improvements, the chief of police, or an agent of either, to remedy or abate such nuisance. Such abutting owner is liable for injuries sustained by lack of repair. If the property owner fails to repair the sidewalk after notice, the city may do such work and charge the property owner for the cost of the work.
(Code 1987, § 6.23)
Cross References: Nuisances, § 38-71 et seq.

Sec. 86-93. Doors and gratings in sidewalks.

(a) No door or grating of any closed cellar or basement way in any sidewalk shall extend above the grade of the sidewalk, nor shall hinges, locks or other fastenings thereof be placed upon the upper side of the same so as to project above the door, and all cellar windows or plates or gratings covering coalholes in any sidewalk shall be set or placed even with the grade of the sidewalk. All cellar doors and plates covering any coalhole or vault in any sidewalk shall be protected by iron doors with a channelled surface.

(b) No person shall keep or leave open any cellar doors or grating of any vault on any sidewalk in front of the premises occupied by him, or suffer the same to be left open when not in use.
(Code 1987, § 6.24)

Sec. 86-94. Snow on sidewalks.

The person occupying the ground floor of any building, the user of any lot without a structure thereon, and the owner of any vacant building or other premises shall remove the snow and ice accumulating on the abutting sidewalks within 24 hours after any snowfall has ceased. If snow or ice cannot be removed, the surface shall be covered with sand or otherwise treated to lessen the hazard for pedestrians until the climate permits removal.
(Code 1987, § 6.27)

Sec. 86-95. Underground districts.

(a) The following areas constitute a special district of the city to be known as the underground district:

(1) The area bounded by the Illinois and Michigan Canal on the north, the alley east of Columbus Street on the east, the Illinois River on the south, and Canal Street on the west.

(2) Columbus Street from the northerly side of Lafayette Street northward to the right-of-way of the Illinois and Michigan Canal, subject to the right of the Illinois Power Company, or the city, to extend overhead wiring for ornamental street lights only.

(3) LaSalle Street from the northerly line of Lafayette Street northward to the right-of-way of the Illinois and Michigan Canal, subject to the right of the Illinois Power Company, or the city, to extend overhead wiring for ornamental street lights only.

(b) No person or corporation shall erect, maintain, renew, use or operate any pole, aerial wire, aerial cable or other aerial appurtenance thereon on any of the portions of the streets and alleys constituting the underground district in the city, provided that poles of a material and type approved by the council may be erected in each of the alleys for aerial wires and other aerial appurtenances for transmitting or distributing electrical energy or signals to property contiguous to the alleys, provided that the wires carrying electrical energy or signals to the poles in alleys are carried in conduits to the base of each of the poles. The location of the poles shall be approved by the council.

(c) All companies owning or operating lines of poles and aerial systems of wires or cables thereon for the transmission or distribution of electrical energy or for telegraph or telephone purposes within the underground district are granted and declared to have the right and are required to lease agreeably to the provisions of this section or to construct and install subways, conduits or ducts of suitable size, with necessary manholes, and constructed of suitable material under and along the several streets within the underground district. The right granted shall extend to and include the berm and areaways under the sidewalks on the portions of the streets within the underground district. The location of the subway, ducts or conduits in such berm and areaways under the sidewalks shall be approved by the council.

(d) Before any system of underground subways, conduits or ducts shall be installed by any corporation or individual upon any of the streets of the city, suitable detailed plans shall be prepared and submitted to the council for consideration and approval. All such subways, conduits or ducts shall be so located in the streets, alleys, berms and areaways under the sidewalks as not to damage or interfere with any sewer, water pipe, conduit, cable or gas main in such streets. All electric wires or cables placed underground shall be carefully insulated and shall be placed in a standard type of fibre or burnt clay or iron or cement conduits or pipes; where a fibre or burnt clay form of container is used, the same shall be thoroughly imbedded in concrete. Before opening up any street or alley for the construction or installation of any subway, conduit or duct, or removing any poles or aerial wires, cables or appurtenances as required by this section, each such corporation, firm or individual shall file with the council of the city a bond in the penal sum of $10,000.00, signed by good and sufficient surety or sureties to be approved by the council, in favor of the city, for the indemnifying, keeping and saving harmless of the city, from and against any and all loss or claims for loss, damage or injury which the city may in any event sustain by reason of any such openings in the streets, or by reason of the removal of poles, aerial wires, cables or appurtenances, or by reason of the acts of any such corporation or individual or the employees of any of them; and further covenanting and agreeing to replace such streets or alleys and the surface thereof in as good condition as before the same were opened.

(e) When any street or alley within the underground district shall be proposed to be paved, graded or otherwise improved, all corporations having then in use, or then contemplating or proposing to install, in accordance with the terms of this section, any pipes, mains, subways, conduits, ducts or service connections therewith upon such street shall be notified thereof, and shall immediately and in such manner as not to interfere with the progress of the work of paving or otherwise improving the street, complete all repairs, replacements and new work then proposed to be done or required in and along the street, within the district.
(Code 1987, § 6.28)

Sec. 86-96. Tree removal program.

(a) The Mayor and City Council, acting as the Board of Local Improvements, will participate in the cost of removing dead trees located on public streets and/or alley rights-of-way, where such trees present a hazard to public and private property and passersby.

(b) Applications will be received from property owners or tenants of contiguous property, desirous of participating in the tree removal program, on forms furnished by the City.

(c) The Commissioner of Public Property will inspect the trees for eligibility in the program and advise the applicant, in writing, within 30 days.

(d) The Municipality will engage a contractor to remove trees and stumps.

(e) Adjacent property owners shall remit reimbursement to the City Clerk as follows:

$200.00 for each tree and stump removal

Reimbursement shall be made within 30 days of notification by the Commissioner of Public Property of eligibility in the program. (Amended 8-19-03, Ordinance 62-2003)

(f) Furnishing topsoil, raking and seeding of the area shall be the responsibility of the adjacent property owner. (Code 1987, § 6.29)

Secs. 86-97---86-120. Reserved.

DIVISION 2. - CONSTRUCTION

Sec. 86-121. Width.

Sidewalks on the following streets shall be the width indicated:

(1) Twelve feet.

a. LaSalle Street from Lincoln Place on the south to Lafayette Street on the north;

b. Columbus Street from Mill Street on the south to Jefferson Street on the north;

c. Main Street from the Fox River on the east to the lateral canal on the west;

d. Madison Street from Columbus Street on the east to the lateral canal on the west;

e. Jefferson Street from Columbus Street on the east to the alley between LaSalle and Clinton Street on the west.

(2) Nine feet.

a. Columbus Street from Jefferson Street on the south to the Rock Island railroad on the north;

b. LaSalle Street from Lafayette Street on the south to the Rock Island Railroad on the north;

c. Lincoln Place from Columbus Street on the east to LaSalle Street on the west.

(3) Five feet. On all other streets.

The inside line of walks 12 feet in width shall be on the property line; of walks of all other width it shall be two feet from the property line unless otherwise directed by the city engineer.
(Code 1987, § 6.21(a))

Sec. 86-122. Grade.

The council shall establish the grade for all sidewalks and the same shall conform, as nearly as may be, to the grades of the streets on which the same are located. The city engineer shall, when requested by any person desiring to build a sidewalk, stake out the grade thereof without charge to such person.
(Code 1987, § 6.21(b))

Sec. 86-123. Laying to grade.

No person shall construct or lay, or cause to be constructed or laid, any sidewalk where no grade has been established by the council, or contrary to any grade given by the city engineer, nor shall construct or cause to be constructed, any sidewalk contrary to any grade established by the council, or contrary to the provisions of this division in regard to the width or location thereof.
(Code 1987, § 6.21(c))

Sec. 86-124. Incline; curbing.

All sidewalks shall be so constructed as to have an incline toward the gutter of the street of at least one-fourth of an inch in each foot. The whole work of grading and laying down sidewalks, whether done by the city or by the owners of the respective lots or parcels of land abutting upon the same, shall be done under the supervision and subject to the approval of the commissioner of the department of streets and public improvements.
(Code 1987, § 6.21(d))

Sec. 86-125. Thickness and finish.

All sidewalks shall be constructed of approved Portland cement concrete of a thickness of not less than four inches, and to specifications prescribed by the city engineer. Where vehicles are driven across a sidewalk, the sidewalk shall be seven inches thick reenforced with steel rods or mesh. Concrete shall be finished with a broom finish. Surfaces that may become slippery when wet are prohibited. Decorative or stamped concrete finishes may be used. Notwithstanding any of the foregoing to the contrary, sidewalks may be constructed or reconstructed of brick only upon written approval of the city council considering all relevant factors such as location, public safety, maintenance, traffic, etc. However, it remains the responsibility of the adjacent property owner to keep sidewalk surfaces free of debris, snow and ice so as to be conducive to the safe passage of pedestrians.
(Code 1987, § 6.21(e))

Sec. 86-126. Sidewalk replacement program.

(a) The mayor and city council, acting as the board of local improvements, will participate in funding for curb and sidewalk reconstruction by reimbursing the owner of the adjacent property for a portion of the cost. A limited amount of city funds will be available to match property owner's funds on a "first come, first served" basis.

(b) Applications will be received from property owners for replacement of existing approved type curbs and sidewalks or new work to be in accordance with city ordinances and specifications. Only walks located on city property or easements and utilized by the public are eligible. New subdivisions are not included in this program.

(c) Costs will be shared for sidewalk replacement or a new sidewalk on the following basis: The city shall pay the lesser of one-half of cost or $1.00 per square feet for residential areas and $1.25 per square feet for commercial areas. Property owners shall pay the balance. Costs will be shared for curb replacement on the following basis: The city shall pay the lesser of half the cost or $6.25 per lineal foot for complete removal and replacement and $4.00 per lineal foot for partial patching. The balance shall be paid by property owners. Reimbursements to the owner may be increased by up to 20 percent of the amount as determined in this subsection if, in the judgment of the city, unusual items or expenses are incurred during the work, such as removing and resetting parking meter posts, signposts, adjusting water valves, catchbasins or manholes or installing wheelchair ramps as required by the city.

(d) The property owner shall obtain an estimate from a contractor for the work to be done. Estimates shall then be submitted to the city engineer. After bids are received and if the low bid is approved by the city engineer for each job, each applicant will receive an authorization for the contractor to proceed with work. When work has been completed according to city specifications and has been inspected and approved by the city engineer, the city shall pay its share of the cost to the owner based on the estimate approved on the application and upon receipt of the paid bill from the contractor. If the owner performs the work himself, the city shall reimburse the owner for the cost of the concrete.

(e) The replacement of driveway approaches or sidewalks on private property will not be included in the sidewalk replacement program.

(f) The cost of change of grade or retaining walls for private property support will not be shared by the city.

(g) The city will not share costs if only a portion of the defective walk of an owner at a single location is asked to be reconstructed.

(h) All work shall be done in accordance with city specifications. It is recommended that a six bag mix be used, but a 5 1/2 bag mix will be acceptable (six bags of cement per cubic yard of concrete). Failure to comply with these specifications shall be sufficient cause for rejection of the application from the sidewalk replacement program.

(i) A permit shall be obtained from the city prior to construction, and all work shall be inspected by the city engineer prior to pouring concrete.

(j) The width of walks which will be shared by the city will be as they presently exist but in residential areas not exceeding five feet of width nor less than four feet. The minimum amount of walk which will be constructed or reconstructed at one location is 25 square feet. The minimum length of curb replacement is five lineal feet.

(k) The thickness of sidewalks adjacent to driveways shall be increased to six inches. Steel mesh or rods may be installed at the owner's expense.
(Code 1987, § 6.21(f))

Secs. 86-127--86-150. Reserved.

DIVISION 3. - OVERHANGING SIGNS*

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* Cross References: Signs, § 6-31 et seq.
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Sec. 86-151. Permit required.

No person shall erect, suspend or maintain any sign or display, electric or otherwise, over any sidewalk, street, alley or other public place in the city without a permit therefor.
(Code 1987, § 6.26(a))

Sec. 86-152. Application for permit.

The application for a sign permit shall be made to the city clerk and shall specify the proposed location of the sign or display. No permit shall be issued except upon approval by the commissioner of the department of public health and safety.
(Code 1987, § 6.26(b))

Sec. 86-153. Fee.

The fee for a sign permit shall be $1.00 per square foot, but not more than $20.00. The fee shall be paid to the city clerk after the application is approved by the commissioner of the department of public health and safety. (Code 1987, § 6.26(c))

Sec. 86-154. Regulations.

With the application for a sign permit, the applicant shall submit detailed plans and specifications for any sign exceeding 200 pounds under the seal of a licensed architect or engineer, certifying the construction is structurally adequate to sustain all loads that may reasonably be anticipated. The city engineer shall examine such plans and specifications and shall determine whether such sign can be erected with safety to the public and without undue inconvenience to owners of adjoining property or to the public. He shall also examine all proposed erections of signs less than 200 pounds under the same basis as above. He shall report all findings to the commissioner of the department of public health and safety who shall then approve or disapprove such application based on such report and his own findings.
(Code 1987, § 6.26(d))

Sec. 86-155. Existing signs, supervision.

All such signs and displays existing on May 2, 1961, must meet with the approval of the commissioner, and he shall have the power to cause the removal or alteration of any such sign or display which does not meet with his approval, upon giving ten days' notice thereof in writing. Any person failing or refusing to remove or alter any such sign or display within the ten days, after receiving such notice, shall be deemed guilty of a violation of this section, and each day such sign shall so remain shall be deemed a separate offense. (Code 1987, § 6.26(h))

Sec. 86-156. Deterioration.

Any signs erected after May 2, 1961, which, because of deterioration or other cause, do not meet the standards set forth in this division, shall be subject to removal or alteration by the commissioner after ten days' notice to comply with the same. The expense thereof shall be chargeable to the owner.
(Code 1987, § 6.26(i))

Sec. 86-157. Supports, conductors and location.

No supports, guys, braces, fixtures or attachments or any sign or display shall in any way be allowed to obstruct any part of a fire escape. No foreign conductors shall be attached to any fire escape or suspended close enough to the same to prevent easy access thereto. Any person who owns or controls any such support, guy, brace, fixture or other attachment which so obstructs any fire escape shall remove the same within 24 hours after being notified so to do in writing by the commissioner of the department of streets and public improvements. Every day any such obstruction is allowed to remain after the expiration of 24 hours, shall be considered a separate offense.
(Code 1987, § 6.26(j))

Sec. 86-158. Injury to signs.

It shall be unlawful for any unauthorized person to obstruct, break, mutilate, or in any way interfere with any such sign or display, or any support or part by which the same is secured.
(Code 1987, § 6.26(k))

Sec. 86-159. Adjustment of signs, street improvements.

Any time any street improvement is made that widens the street so that any sign that may be erected does not comply with section 6-34, it shall be mandatory that the owner of the sign adjust the sign to so comply at his expense.
(Code 1987, § 6.26(l))

Sec. 86-160. Standards.

When the city engineer or commissioner of the department of streets and public improvements enforces the provisions of this section, the following standards shall apply:

(1) Structural steel shall be designed, fabricated and erected according to the American Institute of Steel Construction (AISC) recommendations.

(2) Reinforced concrete shall be designed, fabricated and erected according to American Concrete Institute (ACI) recommendations.

(3) Material shall conform to the applicable specifications of the American Society for Testing Materials (ASTM).

(4) Design loading, connections and other standards shall be governed by accepted practice.
(Code 1987, § 6.26(m))

Secs. 86-161--86-180. Reserved.