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BULLET St. Louis City Revised Code Chapter 20.28 Obstructions and Encroachments

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


Chapter 20.28
Obstructions and Encroachments

Sections:

20.28.010 Authority of Director of Streets.
20.28.020 Notice to owner.
20.28.030 Extension of time for compliance.
20.28.040 Duties--Penalty.
20.28.050 Removal by Director of Streets.
20.28.060 Special tax bill.
20.28.070 Duty of police.
20.28.080 Material from burned buildings.
20.28.090 Landings, balconies or steps.
20.28.100 Canvas awnings.
20.28.110 Parking ramp permit--Required.
20.28.120 Parking ramp permit--Application.
20.28.130 Parking ramp permit--Hearing.
20.28.140 Parking ramp permit--Revocation--Nontransferable.
20.28.150 Banner permit.
20.28.160 Sidewalk café permit.
20.28.170 Bus shelter permit.

20.28.010 Authority of Director of Streets.

Whenever it shall come to the knowledge of the Director of Streets that any street, alley, sidewalk, or other right-of-way that has been duly dedicated or established according to law has not been opened, is in any manner illegally obstructed, or that there are any illegal encroachments upon any public rights-of-way within the City limits and if he shall find that the removal thereof is desirable as a matter of public convenience, he shall prepare a notice for removal to be directed to the owner of real property at the location of the illegal obstruction or encroachment.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.020 Notice to owner.

The Director of Streets, through his agents, shall notify by First Class mail with postage prepaid the owner of the real property of the location and description of the obstruction or encroachment and the duty to remove said obstruction or encroachment within ten days from date of the notice.

Notice by First Class mail shall be deemed to be received seventy-two hours after it is mailed. The Director of Streets shall also attach a copy of the notice to the obstruction or encroachment directing the owner of the real property to remove the obstruction or encroachment within ten days, and shall take a photograph of the obstruction or encroachment within the notice attached. The removal period provided in the copy of the attached notice shall correspond to the ten day removal period stated in the notice delivered through the mail.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.030 Extension of time for compliance.

If the owner of the real property, upon receipt for the removal notice, is unable to comply with the order of the Director of Streets for some reasonable cause, the Director of Streets may grant an extension of time. However, if the obstruction constitutes an immediate hazard, the Director may cause it to be removed immediately.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.040 Duties--Penalty.

It shall be the duty of every owner of abutting real property to not place or permit illegal obstructions or encroachments in the public right-of-way. No person, firm, corporation or partnership shall place any object in the right-of-way without first having obtained a proper permit from the Board of Public Service. Any person, firm corporation or partnership who shall violate the provisions of this section and who shall fail, refuse or neglect to remove the illegal obstruction or encroachment within the time period allotted for removal, shall be punished by a fine of not less than ten dollars or more than one hundred dollars; and each day that a violation shall continue shall constitute a separate offense.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.050 Removal by Director of Streets.

If upon the expiration of the time set out in the notice served under the provisions of Sections 20.28.020 and 20.28.030 the obstructions or encroachments are not removed, the Director of Streets shall have them removed.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.060 Special tax bill.

As soon as the amount of the entire expense of the removal under the provisions of Section 20.28.050 shall have been ascertained, it shall be assessed in favor of the City, against the ground fronting upon the obstruction or encroachment, pro rata, and the owner thereof, and a special tax bill shall be issued therefor by the Comptroller and delivered to the collector for collection.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.070 Duty of police.

It shall be the duty of police in their respective districts to enforce the provisions of this chapter, and to arrest any person violating any provisions thereof. It shall also be their duty to promptly report to the Director of Streets any and all streets or highways upon which any article has been placed, spilled or thrown in violation of the provisions of this chapter. They shall examine the condition of the streets and alleys within their respective districts from time to time, and report, without delay, to the Director of Streets, through the Police Commissioners such as are obstructed in violation of any of the provisions of this chapter.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.080 Material from burned buildings.

Whenever a public sidewalk is obstructed by debris or rubbish caused by the burning of any building it shall be the duty of the owner of the property or his duly authorized agent to cause the same to be removed within seventy-two hours thereafter. All serviceable building material which may be collected after the burning of the building may be placed by the owner or his duly authorized agent upon the street in front of the property. In no case shall the space thus occupied exceed that permissible in Section 20.32.090 nor shall he be allowed to occupy this space for a period longer than one month unless a building permit is taken out for the reconstruction of the building, and a permit from the Director of Streets is issued for the occupation of the street, alley or sidewalk.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.090 Landings, balconies or steps.

If any owner of a building or his duly authorized agent, shall construct or allow to be constructed a landing, gallery, balcony, bay or show window, permanent platform, column, steps or any part of his building so that it projects beyond the building line of a street, into, on or over a public sidewalk, or shall fail to remove the same forthwith, when notified by the Director of Streets, he shall be deemed guilty of a misdemeanor; provided, however, that nothing herein contained shall prohibit the erection of a balcony from the second floor of any house extending not more than three feet beyond the building line; provided further, that nothing contained in this section shall be construed as prohibiting the repair, alteration or replacement with the same or different materials, in accordance with plans approved by the Board of Public Service, of any steps heretofore constructed beyond the building line of a street and into, on or over a public sidewalk.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.100 Canvas awnings.

No person shall erect, or cause to be erected, and no person shall maintain, or cause to be maintained, any canvas awning that projects over the public highway in the City, unless the framework of the awning is not less than seven and one-half feet above the surface of the highway over which the awning projects, and unless the curtain and lowest part of the awning are not less than six feet eight inches above the surface of the highway over which the awning projects.

"Public highway" as used in this section shall be construed to include the sidewalk area as well as the roadway of the highway.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.110 Parking ramp permit--Required.

The Board of Public Service is authorized and directed to issue a special encroachment permit for the use of space above the public street or public alley for the erection, construction and use of parking driveway ramps when the Board shall find, after a public hearing thereon, that the encroachment into the public street or public alley:

A. Is at least fourteen and one-half feet clearance above the portion of the public street or public alley used for the movement of automotive or other vehicles and at least twelve feet clearance above that portion of the public street used for pedestrian traffic;

B. Is constructed of materials having a fire restrictive value of at least four hours;

C. Is illuminated with lighting to an intensity of at least 0.6 foot candle power at all points of encroachment;

D. Is located within the "G" commercial, "H" commercial, "I" central business and "J" industrial use zoning districts under the comprehensive zoning ordinance of this City;

E. Is not a traffic hazard. "Traffic hazard" means that the encroachment will not interfere with the vision of the operators of motor vehicles in the operation of vehicles within two hundred feet of the encroachment and will not interfere with the movement of trucks, tractors, trailers or other commercial vehicles within two hundred feet of the encroachment because of insufficient height and clearance to the contour of the public street or public alley;

F. Does not deprive the surrounding properties within two hundred feet of the proposed encroachment of light and air;

G. Does not project more than one-fourth of the width of the public street or public alley;

H. The area of the ramp projection over the street is not to exceed three hundred ten square feet.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.120 Parking ramp permit--Application.

Any person, firm or corporation proposing to build or erect a parking ramp which may encroach into the public street or public alley shall file an application with the Board of Public Service on the form required by the Board and submit detailed plans thereof showing the proposed encroachment.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.130 Parking ramp permit--Hearing.

Upon receipt of the application the Board of Public Service shall within fifteen days conduct a hearing thereon. The Board shall post, at least five days before the hearing, a notice on the property from which the proposed parking driveway ramp will project, showing a drawing of the proposed encroachment and also a notice of the time, place and date where the hearing will be held.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.140 Parking ramp permit--Revocation--Nontransferable.

The permit issued under the provisions of Sections 20.28.110--20.28.140 shall be revocable by the Board of Public Service upon the giving of a sixty-day notice to the holder thereof if the Board shall find that the parking driveway ramp interferes with or impedes, in any way, the movement of traffic along the public street or public alley. The permit granted shall not be transferable and should the property be sold or in any way transferred, either by sale, gift, lease, or in any other manner, the new owner or lessee shall be required to apply for a new permit if the party desires to continue such encroachment. If a permit is revoked or terminates under provisions of Sections 20.28.110--20.28.140, the encroachment shall be immediately removed.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.150 Banner permit.

No person shall erect, or cause to be erected and no person shall maintain or cause to be maintained a banner mounted on City light standards without an encroachment permit from the Board of Public Service and a banner permit from the Street Department. The fee for the banner permit shall be one hundred dollars ($100.00) per pole and the permit shall be valid for up to one year from the date of issuance. A portion of the banner permit fee, fifty dollars ($50.00) per light pole, will be refundable upon maintaining and removal of the banner(s) at the end of the year.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.160 Sidewalk café permit.

No person or business shall have a sidewalk café without obtaining an encroachment permit from the Board of Public Service and a sidewalk café permit from the Street Department. The fee for the sidewalk café permit shall be two hundred dollars ($200.00) plus $1.00 per square foot of sidewalk being utilized for the café. The sidewalk café permit shall be valid for up to one year from the date of issuance.
(Ord. No. 68604, § 10, 3-16-2010.)

20.28.170 Bus shelter permit.

No person or business shall erect, or cause to be erected, or maintain, or cause to be maintained, a bus shelter on a public sidewalk without an encroachment permit from the Board of Public Service and a bus shelter permit from the Street Department. The bus shelter permit fee shall be two hundred dollars ($200.00) annually per shelter. The bus shelter permit fee is separate from the ten dollar ($10.00) per shelter application fee required every three years by ordinance.
(Ord. No. 68604, § 10, 3-16-2010.)

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