The text
9-2-1 - Supervisor.#
The City streets, sidewalks, walkways and drains shall all be under the supervision of the Public Works Superintendent.
9-2-2 - Powers and Duties.#
It shall be the duty of the Public Works Superintendent to supervise the construction and maintenance of the City streets and sidewalks and all improvements within the areas platted and dedicated to the City as streets and to enforce the ordinances and rules and regulations regarding the same. The Superintendent shall make periodic inspections of the streets and keep suitable maps and records of the same. The Superintendent shall, upon request, report to the City Council the condition of the streets and shall furnish such information regarding the same as the City Manager may from time to time require. The Public Works Superintendent may employ, subject to the approval of the City Manager, such help as shall be necessary to carry out the duties prescribed by the City ordinances and by the rules and regulations adopted by the City Council.
(Ord. 21-07-03, 7/15/2021)
9-2-3 - Obstructing Streets or Sidewalks.#
1.
It shall be unlawful for any person to erect, construct or maintain any building, structure or obstruction, any part of which shall extend on, over or beneath the property platted or dedicated to the City for street or sidewalk purposes or to obstruct travel thereon in any manner, except as herein provided.
2.
It shall be unlawful to place residential solid waste containers within the property platted, dedicated or used as street or sidewalk right-of-way except from one (1) day prior to scheduled solid waste collection until one (1) day after scheduled solid waste collection. Violation of these residential solid waste container restrictions shall constitute an infraction. Each day of violation shall constitute a separate offense.
3.
Dumpsters shall not be allowed on the property platted or dedicated to the City for street or sidewalk purposes except as may be approved under special circumstances by the Public Works Superintendent. Drain plugs in containers shall be in place at all times. Dumpsters shall be serviced with sufficient frequency so as to prevent overflow, spillage and emanation of offensive odors.
4.
Portable toilets shall not be allowed on the property platted or dedicated to the City for street or sidewalk purposes except as may be approved under special circumstances by the Public Works Superintendent.
9-2-4 - Temporary Obstructions, Permits.#
The Public Works Superintendent may issue a permit to any person engaged in erecting a building or other improvement on the person's private property to temporarily obstruct a portion of the street or sidewalk during such construction, provided that provision shall be made for passage on the street or sidewalk so obstructed. No such obstruction shall be permitted to remain beyond the period of the permit and all persons using the street or sidewalk as herein provided shall provide surety bond to hold the City harmless from any and all damage or loss which may result from such use.
(Ord. 21-07-03, 7/15/2021)
9-2-5 - Poles, Signposts, Awnings, Etc.#
All signposts, power, telephone or light poles shall be placed in such location as may be designated by the Public Works Superintendent. An awning or signboard may be placed over a sidewalk in the City provided that such placement shall conform to all zoning requirements and other ordinances relating thereto and upon prior approval and permit issued by the Public Works Superintendent.
9-2-6 - Street Improvements Constructed by Individuals.#
The Public Works Superintendent may issue a permit to construct street improvements in the City. Such permit shall provide the specifications, lines and grades to be followed in building such street improvements and such street improvements shall be constructed under the direction of said Public Works Superintendent. It shall be unlawful for any person to construct street improvements in the City without first obtaining a permit so to do and unless such street improvements conform to the specifications, lines and grades prescribed by the City.
9-2-7 - Moving Heavy Vehicles, Structures or Equipment on Streets.#
1.
It shall be unlawful for any person to move any house, building, tractor, roller, drag line, crawler tractor, power shovel, road equipment, industrial equipment, or any other structure or equipment, or truck, van, or other vehicle likely to injure, damage, or deface the surface, structure or foundation of a street or sidewalk upon, over, across or along any public street or sidewalk in Kaysville City without first obtaining a permit from the Public Works Superintendent so to do, which permit must be displayed to any police officer or employee of the Public Works Department upon demand.
2.
Any person desiring to move any house, building, tractor, roller, drag line, crawler trailer, power shovel, road equipment, industrial equipment, or any other structure or equipment, or truck, van, or other vehicle likely to injure, damage or deface the surface, structure or foundation of a street or sidewalk, shall, before moving the same, make written application to the Public Works Superintendent for a permit to move the same. Said application shall designate the nature and location of such structure, equipment or vehicle, the place to which the applicant intends to move the same, the time to be employed, the hours of day or night during which it is desired to move the same, and the public streets and sidewalks upon, over, across or along which said structure, equipment or vehicle is to be moved. The application may be approved by the Public Works Superintendent when it appears that the applicant has filed a cash or surety bond with the City Recorder, in an amount sufficient to indemnify Kaysville City or any person which may be damaged against any loss or damage of any kind or description whatsoever arising out of the use of the public streets or sidewalks in moving such structure, equipment or vehicle. Upon approval of said application, a permit shall be issued which shall designate the name of the applicant, the hours of the day or night during which such moving shall be done, the route over which said structure, equipment or vehicle shall be moved, and any other terms or conditions required by the Public Works Superintendent, and it shall be unlawful for any person to violate the terms of the permit.
9-2-8 - Weight Limit.#
The City Council may, by resolution, provide a maximum weight limit of structures, equipment or vehicles to be moved on any street or sidewalk in Kaysville City, and it shall be the duty of the Public Works Superintendent to cause a warning sign to be posted in a conspicuous place along said street within said restricted area. It shall be unlawful for any person to move any structure, equipment or vehicle having a gross weight in excess of that provided by said resolution and posted along said street as herein provided, upon, over, across or along said street.
9-2-9 - Excavations.#
1.
Any work impacting City owned rights-of-way, infrastructure, or other properties shall require prior written approval (permit). Work includes, but is not limited to, excavations, potholes, bores, paving, constructing or modifying pipelines or conduits, or otherwise altering pavements, curbs, gutters, surfaces or underground utilities. In accordance with all requirements, including (but not limited to) the provisions stated in the permit and Division 5b of the Kaysville Technical Specifications, the applicant shall also:
a.
Proceed in accordance with City standards and specifications;
b.
Indemnify and hold the City harmless from any and all claims or damages arising out of or occasioned by their work;
c.
Restore, at their own expense, any impacts in accordance with the permit said City standards and specifications, unless otherwise directed by the City;
d.
Not unreasonably interfere with the access and use of the City streets or sidewalks by the traveling public, or the rights of those having existing easements adjacent to or therein. Access must be properly maintained, including (but not limited to) being free of depressions, bumps, obstacles, debris, or any other impediment to safe access or travel. For accesses not properly maintained, a fee shall be assessed;
e.
Provide a cash or escrow bond, based on the extents or dimensions of the work or its impact, as determined by the City;
f.
Pay the necessary fees, based on the extents or dimensions of the work or its impact, as determined by the City. Failure to comply with the requirements of the permit shall result in additional fees, as stated in the provisions therein, and may be deducted from the bond, as determined by the City;
g.
All other requirements deemed necessary by the City.
2.
Upon receipt of said application and plan, the City shall make any necessary inquiries or inspections of the site and then approve or disapprove the same.
3.
Following the approval of the permit and during performance of work and any restoration, the City shall inspect, as often as necessary, the site detailed within the permit application. Where it is determined that the site is not in compliance with these provisions or those stated within the permit, non-compliant work may require removal and replacement, forfeiture of bond, voluntary additional warranty periods or other remedies as deemed necessary in the sole discretion of the City.
4.
A moratorium of three (3) years shall be applied to all new public streets, public streets that have been reconstructed or that have been overlaid, prohibiting cutting into, altering or excavating within that public street. If cutting into, altering or excavating within a public street right-of-way is unavoidable, as determined by the Public Works Superintendent, the special restoration standard shall apply to all work done that occurs during this moratorium, or for the specified period of time after the moratorium ends. This standard exists to protect the integrity and prolong the service life of public streets. Applicable public streets must be restored to the following special restoration standard:
a.
New public streets, reconstructed public streets, or overlaid public streets: During the moratorium, and for a period of an additional three (3) years after its conclusion, once an excavation has been backfilled but prior to paving, the asphalt shall then be cut full depth and removed for three feet (3') in each direction from the edge of the original cut. Special care shall be taken to minimize impacting the base and subgrade during this removal. Substantial disturbance, as determined by the Public Works Inspector, may require additional compaction or earthwork. After paving, all edges or cold joints must be crack sealed.
b.
Public streets with preventative maintenance treatments: For a period of three (3) years after the placement of a treatment, an area not less than one foot (1') in all directions, from the edge of the repaved surface shall have the same type of treatment reapplied, or another treatment as approved by the City. Prior to reapplication of the treatment, all edges must first be crack sealed. In cases where the amount of reapplied treatment required is less than two hundred (200) square feet, the applicant may request to provide funds to the City in lieu of treatment, with the amount to be approved by the City Engineer and based on the average of at least two (2) bids for such a treatment, plus fifteen percent (15%). These funds would be used at a later date, at the City's discretion and availability, to reapply a treatment. If funds are provided to the City, all edges must still be crack sealed by the applicant.
c.
Requirements under the Permit: The Special Restoration Standard requirements, as detailed above, are a minimum, and are in addition to any other requirements set forth in the Excavation Permit or the Technical Specifications and Drawings.
5.
The City may reject or delay the approval of a permit based on various factors, including (but not limited to) precipitation, temperatures, impact to the public or other utilities because of the timing, or other specific factors applicable. Double bond rates shall apply for any cuts or excavations made in public streets between October 15 and April 15.
(Ord. 21-07-03, 7/15/2021; Ord. 21-12-01, 12/2/2021; Ord. 25-11-02, § 3, 11/20/2025)
9-2-10 - Parkways.#
1.
It is the purpose of this Section to establish a means whereby the City may cause the construction, maintenance and/or repair of sidewalks, the trimming of trees, tree roots and other plant growth, and the maintenance of the area between private property lines and curb lines or edge of asphalt, which area is designated as a "parkway" within the City.
2.
It is hereby declared that sidewalks which are cracked, buckling, missing or otherwise in disrepair, trees, or other plant growth, which are in need of trimming of roots and/or foliage and noxious weeds and vegetation in the parkways and litter, and obstructions on sidewalks are all a danger to public health and unsightly or deleterious to their surroundings and such conditions shall be prevented, repaired or removed by the abutting owner and/or occupant.
3.
ADA ramps within City owned rights-of-way shall be owned and maintained by Kaysville City. ADA ramps within private subdivisions that are not located within City owned right-of-way limits shall be privately owned and maintained.
4.
The owners and/or occupants of abutting property shall maintain the parkway by removing litter therefrom and by trimming of trees, tree roots or other plant growth and shall promptly remove from the sidewalks abutting their property all litter and obstructions as soon as practicable after its accumulation upon such sidewalks.
5.
The City Inspect or shall administer the provisions of this Section subject to control and review as the City Council may from time to time direct. The Public Works Superintendent may appoint other inspectors as needed. The powers and duties of Assistant Inspectors shall be the same as those of the Inspector.
6.
The Inspector so designated is authorized to inspect and examine real property situated within the City for the purpose of determining whether or not the parkways, including but not limited to, sidewalks, trees, and plant growth thereon are in need of maintenance or repair. Such Inspector may also inspect and determine whether or not weeds and noxious vegetation should be removed from sidewalks and/or parkways and take other necessary measures and steps to insure compliance with the requirement that sidewalks in front of properties be free from litter and obstructions. Such actions of the Inspector shall be for the purpose of determining whether such conditions pose a threat to the public health, safety and welfare or are unsightly and deleterious to their surroundings. If the Inspector concludes that such conditions exist, the Inspector shall:
a.
Ascertain the names of the owners and/or occupants and descriptions of the premises where such conditions exist.
b.
Serve written notice upon the owner and/or occupant of such land, either personally or by mailing a notice, postage prepaid, return receipt requested, addressed to the owner and/or occupant at their last known post office address, requiring such owner and/or occupant to reconstruct (with fifty percent (50%) participation by Kaysville City), maintain or repair the defect and/or trim or remove trees or plant growth within such time as the Inspector may designate, which shall not be less than thirty (30) days from the date of service of each notice.
c.
Inform the owner and/or occupant by means of said notice or attached document that in the event he or she disagrees with the determination of the Inspector and does not wish to reconstruct, maintain or repair the sidewalks, trim trees, or other plant growth, or maintain the parkway, he or she may request in writing a hearing before the City Council at a time and place to be set by the City Council. A written application for a hearing shall stay the time within which the owner and/or occupant must conform to the decision of the Inspector.
7.
The Inspector may also inspect and examine real property situated within the City for the purpose of determining if the sidewalks have not been built and the need of construction.
If the Inspector concludes that such need of construction exists, the Inspector shall so recommend to the City Council. The City Council shall consider the recommendation and if it concurs, direct that action be taken to have the sidewalk constructed.
If the Council so directs, the Inspector shall: a.
Ascertain the names of the owners and/or occupants and descriptions of the premises where such conditions exist.
b.
Serve written notice upon the owner and/or occupant of such land, either personally or by m ailing a notice, postage prepaid, return receipt requested, addressed to the owner and/or occupant at their last known post office address, requiring such owner and/or occupant to construct the sidewalk within such time as the Inspector may designate, which shall not be less than thirty (30) days from the date of service of each notice.
c.
Inform the owner and/or occupant by means of said notice or attached document that in the event he or she disagrees with the determination of the City Council and does not wish to construct the sidewalk, he or she may request in writing a hearing before the City Council at a time and place to be set by the City Council. A written application for a hearing shall stay the time within which the owner and/or occupant must conform to the decision of the City Council.
8.
In the event the owner and/or occupant makes such request for a hearing, the City Council shall set the time and place for hearing such objections. The City Inspector shall notify the owner and/or occupant in writing of the time and place at which he or she may appear and be heard. Said hearing shall not be heard within less than five (5) days from the date of service or mailing of said notice. At the written request of an owner and/or occupant, the governing body shall conduct an informal hearing (which need not be reported) wherein said owner and/or occupant may present such evidence and argument as is pertinent to the question of whether or not the construction, maintenance and/or repair of sidewalk, trimming of trees or other plant growth or maintenance of parkway abutting his or her property is within the purview of this Section. The governing body shall also permit the presentation of evidence and argument by the Inspector and other interested parties. Thereafter within not more than ten (10) days the governing body shall, over the signature of the Mayor or such member of the City Council as it may designate by resolution, render its written decision, a copy of which shall be mailed to or served upon the owner or occupant by the Inspector. In the event the decision of the City Council upholds the determination of the Inspector, the notice originally given by the Inspector as above provided shall be deemed to be sufficient to require the owner or occupant to con struct, maintain or repair sidewalks or trim trees or other plant growth abutting his or her property and owner or occupant shall have up to ten (10) days from the date of notice of the decision within which to conform thereto. In the event that the decision of the City Council either overrules or modifies the determination of the Inspector, the written decision of the City Council shall apprise him of that fact and set forth the details and extent to which the owner and/or occupant must make construction, repairs and/or maintenance of said sidewalks, trim trees or other plant growth, and/or maintenance of parkways, if any. The Inspector shall file an amended notice and proof of service of said notice upon the property owner and/or occupant and file the same in the office of the County Treasurer.
9.
If any owner and/or occupant of lands described in such notice or decision shall fail or neglect to conform to the requirements thereof relating to the construction, maintenance, and/or repair of sidewalks abutting his or her property and/or trimming trees or other plant growth, and/or maintenance of parkway, the Inspector shall employ all necessary assistance to cause such construction, maintenance and/or repair, and/or maintenance of parkway to occur at the expense of the municipality. The Inspector shall prepare an itemized statement of all expenses incurred in the construction, maintenance and/or repair of said sidewalks and/or trimming of trees or other plant growth, and shall mail a copy thereof to the owner or occupant, or both, demanding payment within thirty (30) days of the date of mailing. Said notice shall be deemed delivered when mailed by registered mail addressed to the property owner's or occupant's last known address. In the event the owner or occupant fails to make payment of the amount set forth in said statement to the City Treasurer within said thirty (30) days, the Inspector either may cause suit to be brought in an appropriate court of law or may refer the matter to the County Treasurer as provided herein.
10.
In the event collection of expenses is pursued through the courts, the City shall sue for and receive judgment for all of said expenses of construction, parkway maintenance, maintenance and/or repair of said sidewalks and/or trimming of trees or other plant growth, together with reasonable attorneys' fees, interest and court costs and shall execute upon such judgment in the manner provided by law.
11.
In the event that the Inspector elects to refer the expenses of construction, parkway maintenance, maintenance and/or repair of said sidewalks and/or trimming of said trees or other plant growth for inclusion in the tax notice of the property owner, the Inspector shall make in triplicate an itemized statement of all expenses incurred in the construction, parkway maintenance, maintenance and/or repair of the same, and/or trimming of said trees or other plant growth, and shall deliver the three (3) copies of said statement to the County Treasurer within ten (10) days after the completion of the work of construction, parkway maintenance, maintenance and/or repair of said sidewalks and/or trimming of said trees or other plant growth. Thereupon the costs of said work shall be pursued by the County Treasurer in accordance with the provisions of Section 10-11-4, Utah Code Annotated, 1953, as amended, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
(Ord. 21-07-03, 7/15/2021; Ord. 25-06-03, § 3, 6/19/2025)
9-2-11 - Right-of-Way Obstructions.#
It shall be unlawful for any person owning or occupying or otherwise controlling real property within Kaysville City: 1.
To fail to maintain any tree, shrubbery, vegetation, or other obstruction located on either private property or within the parkway that impedes or interferes with travel on and off the public streets or sidewalks.
a.
For public streets, clearance shall be maintained fourteen feet (14') vertically from the back of curb, or from the edge of the road if curb is not present.
b.
On sidewalks, clearance shall be maintained eight feet (8') vertically on either side of the sidewalk.
2.
No item shall also obstruct or impede the function or visibility of any street lamp, road sign or other public utility located within the parkway.
3.
It shall be prohibited for items (including, but not limited to, snow, leaves or ice) to be pushed, thrown or otherwise deposited into or onto public streets or sidewalks.
A violation of this Section is an infraction.
(Ord. 09-02-11, 1/3/2019)