City of New Haven, Indiana

                              CHAPTER 94:  STREETS, SIDEWALKS, AND ALLEYS

Section

                                            Laying, Relaying, or Repair of Sidewalks

94.01               Work Permit

94.02               Cash Deposit Required; Liability Bond; Property Owners

Desiring to Do Own Work

94.03               Removal of Work Debris; Suitable Barricades to Be Erected

94.04               City Authority Over Sidewalks; Sidewalk Dimensions

94.05               Permanent Surfacing of Sidewalks

94.06               Grading of Sidewalks

94.07               Coincidence with Curb Line

94.08               Required Installation of Public Sidewalks Within City Limits

                                                      Excavation of Public Surfaces

94.20               Permit Required

94.21               Permit Application

94.22               Record of All Permits Issued

                                            Duties of Property Owners or Occupants

94.30               Removal of Snow from Sidewalks

                                                                       Penalties

94.99               Penalties

                                LAYING, RELAYING, OR REPAIR OF SIDEWALKS

'94.01             WORK PERMIT

A sidewalk permit must be secured from the City before commencing work for each job done.  The correct location, amount of work material to be used, and the party doing the work must be furnished before a permit can be issued.

[Ord. 507, passed 6-3-25]

'94.02             CASH DEPOSIT REQUIRED; LIABILITY BOND; PROPERTY OWNERS                DESIRING TO DO OWN WORK.

(A)  Each person, firm, or corporation regularly engaged in the laying, relaying, and repairing of sidewalks shall be required to deposit $10 in cash, and shall give a liability bond in the sum of $500.  The liability bond shall save the City harmless from any loss or expenditure in any manner arising from the conduct of any person, firm, or corporation in laying, relaying, or repairing sidewalks; from any loss or damage which may arise by reason of any obstruction, excavation, barrier guards, or other objects or materials placed or deposited in the streets during the progress of the work; or the expense of removing the same and cleaning streets or sidewalks; and any loss or damage arising from acts of negligence or default of the person, firm, or corporation.

(B)  The contractor shall be required to furnish a maintenance bond in an amount equal to 50% of the contract price.  The maintenance bond shall insure that:

(1)  Sidewalks layed, relayed or repaired will remain in good condition to the satisfaction of the Common Council or the City Engineer for a full period of three years from the laying, relaying, or repairing; and

(2)  Upon appearance of any defects, disintegration, or default in the sidewalk due to any acts, omission, or default of the one laying it, the sidewalk shall be immediately repaired and restored to a good and proper condition to the satisfaction of the Common Council or the City Engineer, as to such defects as may appear at any time within the period of three years of the year of laying, relaying, or repair of said sidewalks.

(C)  The liability bond and the cash deposit, less any expense which may have been charged against them by the City, shall be returned whenever the person, firm, or corporation entitled to lay, relay, or repair sidewalks shall have completed the work to the satisfaction of the Common Council or the City Engineer.

(D)  Property owners desiring to do their own work must comply with ''94.01 and 94.02 except that the maintenance bond will not be required.

[Ord. 507, passed 6-3-25; Am. Ord. to Ord. 507, passed 7-10-25]

'94.03         REMOVAL OF WORK DEBRIS; SUITABLE BARRICADES TO BE ERECTED

All debris and rubbish must be removed within 48 hours after the completion of the work.  During the process of construction, all excavations, embankments, and all materials on the ground shall be guarded by suitable barricades and at night by red lights so as to protect the public from accident.  All cement walks shall have the top surface roughened, unless a majority of the property owners so affected petition otherwise.  The gutters of any street contiguous to the work must be kept clear at all times.

[Ord. 507, passed 6-3-25]

'94.04             CITY AUTHORITY OVER SIDEWALKS; SIDEWALK DIMENSIONS

(A)  All sidewalks shall at all times be under the direction of the Common Council or the City Engineer.

(B)  The space between the curb and the property line on each side of the paved street on curbed streets shall constitute the sidewalk; upon unpaved streets, the sidewalk shall be the portion adjoining the property line on each side, and shall have a width equal to one-fifth the distance between property lines, but in no case shall the sidewalks be less than four feet in width except in alleys of 16 feet or less in width, where the sidewalks shall be two and one-half feet in width.

[Ord. 507, passed 6-3-25]

'94.05             PERMANENT SURFACING OF SIDEWALKS

All sidewalks hereafter improved by placing walks with a permanent surfacing on any public highway or street within the City shall be improved by constructing the walks with stone flagging or concrete, and in accordance with the specifications prescribed by the Common Council.

[Ord. 507, passed 6-3-25]

'94.06             GRADING OF SIDEWALKS

Any grading necessary between the walks as laid and the curb line, or between the sidewalks and the edge of the sidewalk space as established in '94.04, shall be done at the time of laying the walks so as to leave the sidewalk space at the grade described in '94.07.

[Ord. 507, passed 6-3-25] 

'94.07             COINCIDENCE WITH CURB LINE

Any sidewalk so improved shall coincide with the line described as follows:

(A)  Beginning at the curb line with the established curb-grade as determined by the City Engineer; then extending to the street line at right angles to the curb line, with a rise of 3/8-inch to the foot.

(B)  However, at street intersections where the grade of the intersecting street prevents compliance with the above provisions, the walk shall be laid under the direction and to the acceptance of the Common Council or the City Engineer.

[Ord. 507, passed 6-3-25]

'94.08      REQUIRED INSTALLATION OF PUBLIC SIDEWALKS WITHIN CITY LIMITS

Public sidewalks, of not less than four feet in width and complying with the City Engineer specification, shall be installed, in the future, in all areas, zones, or districts within the corporate limits of the City of New Haven whenever a new structure, off-street parking lot, or improvement is erected, installed or placed or occupancy and use is made thereof, hereafter.

[Ord. G-2-65, passed 3-9-65]

                                           EXCAVATION OF PUBLIC SURFACES

'94.20             PERMIT REQUIRED

It shall be unlawful for any person, firm, or corporation to cut into, make any opening in the surface of, or tunnel under, any street, sidewalk, or public place in the City for any purpose whatsoever without having secured the proper permit provided for in '94.21.

[Ord. G-15-66, passed 11-7-66] 

'94.21             PERMIT APPLICATION

(A)  Any person, firm, or corporation desiring to cut into, to make any opening in the surface of, or to tunnel under any pavement or sidewalk in any street or public place in the City shall make application to the Board of Public Works and Safety of the City in writing for a permit to do the work.

(B)  The application shall contract to replace, pay for the replacement of, or properly repair any street, sidewalk, or pavement to be cut, in accordance with any conditions and specifications imposed by the Board.

(C)  The Board of Public Works and Safety shall consider the application and grant it on such terms as the Board may seem best or refuse it at its discretion.

[Ord. G-15-66, passed 11-7-66]

'94.22             RECORD OF ALL PERMITS ISSUED

The Board of Public Works and Safety shall keep in its office a record of all permits issued.

[Ord. G-15-66, passed 11-7-66]

                                DUTIES OF PROPERTY OWNERS OR OCCUPANTS

'94.30 REMOVAL OF SNOW FROM SIDEWALKS

Every occupant or owner of a house or any other buildings, the owner, proprietor lessee, persons entitled to the possession of any vacant lot, or any person in charge of any church, jail, public hall or other building in the city shall, during the winter season and during the time when show shall continue on the ground, by 10:00 each and every morning clean the sidewalks in front of the house or other buildings and in front of lots, and shall keep them free from ice and snow during the day.

[Ord. 36, passed 2-2-16]