Chapter 31
PUBLIC RIGHT-OF-WAY¹

Art. I. Right-of-Way, §§ 31-1 – 31-32

Div. 1. Generally, §§ 31-1 – 31-11

Div. 2. Construction, §§ 31-12 – 31-15

Div. 3. Safety, §§ 31-16 – 31-32

Art. II. Curbs and Sidewalks, §§ 31-33 – 31-65

Div. 1. Generally, §§ 31-33 – 31-45

Div. 2. Construction, Reconstruction and Repair, §§ 31-46 – 31-65

Art. III. Encroachments, §§ 31-66 – 31-84

Art. IV. Street Names and House Numbering, §§ 31-85 – 31-93

ARTICLE I. RIGHT-OF-WAY

DIVISION 1. GENERALLY

Sec. 31-1. Short title.

This chapter shall be referred to as the “Right-of-Way Ordinance of the City of Lewiston.” (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-2. Definitions.

As used in this chapter:

City standards means the most current adopted city standard drawings and specifications.

Clear vision area means the triangular area within the intersection of the linear extension of the lateral curblines, or edges, if no curb exists, of two (2) roadways, or a roadway and a railroad and extending back from the point of the intersection along each roadway or railroad a distance of forty (40) feet; except that where the angle of intersection is less than thirty (30) degrees, a greater distance may be required as determined by the director.

Curbs means curb and gutter combination sections, including paving of those areas between the curb and existing street pavement or to a distance to ensure sufficient cross drainage as per the city of Lewiston standard drawings.

Department of public works, hereinafter referred to as “department,” means department of public works of the city of Lewiston, Idaho. The director of public works or his appointed agents shall be authorized to act in the department’s behalf.

Director means the director of the department of public works or his designee who shall be authorized to act in the department’s behalf.

Emergencies means:

(1) Work that is a combination of unforeseen circumstances or the resulting state that calls for immediate corrective action which must be performed outside of the city of Lewiston’s normal working hours.

(2) If a permit was not taken out on the next working day, the act would be considered a code violation, and legal guidance from the city attorney’s office would be requested.

Engineering means the engineering section of the department of public works of the city of Lewiston.

Encroachment means a structure which exists permanently or semipermanently within the public right-of-way.

Major remodeling occurs when the value of additions, alterations or repairs, within any twelve-month period, exceeds fifty (50) percent of the value of the existing building or structure constructed after 1950; or for buildings or structures constructed in 1950 or earlier, major remodeling occurs when the value of additions, alterations, or repairs, within any twelve-month period, exceeds one hundred (100) percent of the value of the building or structure.

Manufactured home means manufactured home, as defined by Chapter 10 of this code.

New construction means the construction of any building or structure, as those terms are defined in the building code, including the installation of any manufactured home or prefabricated structures for which a permit is issued after the effective date of the ordinance codified in this section.

Person means an individual, partnership, corporation, association, business venture, public or private utility or special service district.

Right-of-way means improved or unimproved public property, dedicated or deeded to the city for the purpose of providing for vehicular, pedestrian and public use.

Routine maintenance services means the raising of utility fixtures, including necessary excavation, after city street improvements, the placement of utility poles, and any other maintenance or modification of existing utility facilities which does not require excavation of city street pavement, curb, gutter or sidewalk.

Sidewalks means sidewalks as per the city of Lewiston standard drawings.

Streets means right-of-way.

Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Substantial public improvement means an improvement that will become part of an existing or anticipated city street and/or building improvement, which promotes the health, safety and welfare of the residents of the city of Lewiston and is constructed with city funds.

Temporary use of right-of-way is any use proposed for the right-of-way of a duration of ninety (90) days or less.

Travel lanes means the portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking areas as illustrated on appropriate city of Lewiston standard drawings.

Travelway means the area between the curb or edges of asphalt which provides the surface for travelway. (Ord. No. 3726, § 1, 10-22-84; Ord. No. 3773, § 3, 4-29-85; Ord. No. 3872, § 1, 8-3-87; Ord. No. 3992, § 1, 1-28-91; Ord. No. 4025, § 1, 12-30-91; Ord. No. 4394, § 1, 4-11-05; Ord. No. 4384, § 1, 11-28-05)

Sec. 31-3. Right-of-way work – Permit required.

No person shall dig up, break, excavate, obstruct, tunnel, undermine, or disturb any street or other public property, place any obstruction thereon or fill in, place, leave, or deposit upon the same any earth, rubbish, garbage, rock or other material that may obstruct, disturb or interfere with the free use thereof without first obtaining a permit therefor from the department. Construction of subdivision improvements performed under a subdivision improvement agreement and which are approved by the department are exempt from the above requirement and do not require a permit. Violations of this section within the travel lanes of the roadway shall constitute a public offense and are punishable as set forth in section 1-7 of this code. In addition to the penalty provision set forth in section 1-7 of this code, the public works director is authorized to immediately abate violations of this section by closing the traffic work zone until such time as the traffic zone is in compliance with this section. No fee permit shall be required for public utilities and districts, including their contractors, which are performing routine maintenance services within public rights-of-way. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 2, 1-28-91; Ord. No. 4025, § 2, 12-30-91; Ord. No. 4384, § 2, 11-28-05)

Sec. 31-4. Same – Application.

An applicant for a right-of-way work permit hereunder shall file with the department an application showing:

(1) Name and address of the party doing the work;

(2) Location of the work area;

(3) Scope of work or use;

(4) Attached plans showing details of the proposed alteration or work;

(5) Estimated cost of the alteration;

(6) Such other information as the department of public works shall find reasonably necessary for the determination of whether a permit should issue hereunder;

(7) Plans shall be required by the department of public works. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 3, 1-28-91)

Sec. 31-5. Same – Conditions for issuance.

(a) The director may issue a permit hereunder when it is determined:

(1) That the work will be done according to the standards of the city.

(2) That the work will not (a) unreasonably interfere with vehicular and pedestrian traffic, (b) adversely affect or demand more than four (4) parking spaces, (c) [interfere with] ingress or egress to and from the adjacent properties.

(3) That the work will not in the opinion of the director be overly deleterious to the surface or foundation of the existing improvements. Where determined appropriate, the director may require the permittee to bore, or utilize other means which will not disturb the

existing surface improvements. The applicant shall have the right of appeal of such determination to the city council.

(4) That the proper required bonds are in order and in effect for the duration of the guarantee period.

(5) In cases of emergencies the work may be performed without a permit by a contractor or agency properly bonded and insured with the city; however, a permit shall be taken out and [the work] inspected on the next working day.

(6) When applicant is owner of property adjacent to sidewalk and right-of-way work permit is for sidewalk repair, there shall be no charge for the permit.

(b) Whenever any work for which a permit is required by this chapter has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in an amount equal to the permit fee required by this section. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter or any other penalty as may be presented. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 4, 1-28-91)

Sec. 31-6. Same – Fees.

Before granting the permit, the director shall require the permittee to deposit with the treasurer/finance director the following: A basic fee of twenty-five dollars ($25.00) shall be charged for all permits; provided, however, that a permit for right of way work pursuant to section 31-47 or for work described in section 31-5(6) shall not require the payment of this fee. Additional costs will be assessed as per the fee schedule below:

(1) Holes greater than two (2) feet in diameter but less than ten (10) feet in diameter: One dollar ($1.00) per each.

(2) Trenches: Ten cents ($0.10) per lineal foot.

(3) Vibratile plow-in: One cent ($0.01) per lineal foot.

(4) Curbs and sidewalks: Ten cents ($0.10) per lineal foot. An additional twenty-five dollars ($25.00) will be required if the city is to supply the necessary surveying, design and construction staking.

(5) Other cuts or uses: Charges shall be made for such uses at the estimated actual costs for inspection and administration. An estimated cost shall be made by the director of public works and such sum shall be paid by the permittee prior to issuance of the permit. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3818, § 1, 5-5-86; Ord. No. 3992, § 5, 1-28-91)

Sec. 31-7. Insurance required.

(a) The permittee obtaining a right-of-way work permit shall be required to provide and maintain proof of insurance. Proof shall be in the form of a certificate approved by the city. Alternate forms of insurance approved by the city will be acceptable if they meet the minimum required insurance limits. The certificate shall contain a provision that the insurance shown on the certificate will not be cancelled or materially altered without at least thirty (30) days prior written notice to the city.

(b) The insurance required shall contain the following coverages: Comprehensive general liability including blanket contractual, broad form property damage XCU coverages, and completed operations. Minimum limits shall be three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) per occurrence for property damage or three hundred thousand dollars ($300,000.00) combined single limits for both bodily injury and property damage. Comprehensive automobile liability shall also be carried by the permittee which will include owned, nonowned and hired coverages. Limits shall be one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) for property damage or three hundred thousand dollars ($300,000.00) combined single limit. Workman’s compensation and employer’s liability shall also be carried with the employer’s limit of liability no

less than one hundred thousand dollars ($100,000.00). The city shall be named as additional insured under all policies. The coverages shall be written with a company(ies) that is licensed and in good standing with the Idaho State Insurance Department and acceptable to the director of public works. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-8. Bonds required.

The following bonds shall accompany an application for a permit hereunder:

(1) Construction and maintenance. The director shall require of contractors a maintenance and construction bond on a yearly basis to be filed with the city for five thousand dollars ($5,000.00) and conditioned that such works done during that year shall be done in accordance with the city’s standards and requirements of the right-of-way work permit. Alternate forms of surety must be approved by the city prior to issuance of a right-of-way work permit. Such work shall be guaranteed for a period of two (2) years. In cases where the estimated cost of a particular project shall exceed five thousand dollars ($5,000.00), the director shall require a construction maintenance bond to be filed with the application for a permit hereunder in an amount equal to one hundred ten (110) percent of the estimated cost and conditioned that such work shall be done in accordance with the city’s standard specifications and the requirements of the right-of-way work permit. Such work shall be guaranteed for a period of two (2) years. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of the city, the director shall order the completion of the work by the city and shall collect the costs from the permittee as permitted by law.

(2) When permit applicant is owner of property adjacent to a sidewalk and right-of-way work permit application is for sidewalk repair, no bond shall be required. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992 § 6, 1-28-91)

Sec. 31-9. Application for vacation of right-of-way; contents, fee.

Any person or persons making application to the Lewiston city council for vacation of any right-of-way, or portion thereof, shall submit such application to the city clerk, in writing, together with the written consent of adjoining owners as required by Idaho Code, Section 50-1321. Such application shall particularly describe the right-of-way or portion of right-of-way sought to be vacated. In addition, the applicant shall at the time of submitting the application, deposit with the city treasurer/finance director the sum of one hundred dollars ($100.00) to meet expenses of notice, publication and recording. Said sum shall be nonrefundable. If the right-of-way sought to be vacated includes easements for utility purposes, the director may recommend that the vacation be conditioned upon the continued right, ownership and use of such easement. (Ord. No. 3726, § 1, 10-22-84; Ord. No. 3992, § 7, 1-28-91)

Sec. 31-10. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-10. Said provisions pertained to violations of chapter and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-11. Reserved.

DIVISION 2. CONSTRUCTION

Sec. 31-12. Right-of-way standards.

All construction work within the public right-of-way shall be accomplished in accordance with the city standards. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-13. Supervision of work by the department of public works.

(a) The permittee shall notify the department at least twenty-four (24) hours in advance of any work being pursued under a right-of-way work permit. The department shall be provided access to all parts of the work, and shall be furnished with such information and assistance by the permittee as is required to make a complete and detailed inspection. The department may direct the per

mittee to remove or uncover portions of the finished work which have not been inspected due to improper notification without the costs being incurred by the city regardless of the test results. After examination, the permittee shall restore said portions of the work to city standards.

(b) Upon the completion of all work the permittee shall advise the department that the work is complete and available for final inspection; upon receipt of this notification the department shall cause the work to be inspected. If the inspection reveals the work to have been performed in a satisfactory fashion the department shall so advise the permittee.

(c) In the event the work has not been completed in a satisfactory fashion, the department shall advise the permittee of the nature and extent of the deficiencies. Unacceptable work shall be removed and replaced to an acceptable condition at the permittee’s expense.

(d) Unacceptable work shall be defined as those repairs which:

(1) Deviate vertically more than one-quarter (1/4) inch per linear foot from the undisturbed surface abutting the repaired area, or

(2) Have cracked or no longer provide a waterproof surface, or

(3) Deteriorate to a condition where a friction course is not being provided.

(e) When the corrective work has been completed the permittee shall so advise the department. The department shall then cause the work to be reinspected and determine if the work is in accordance with the city standards and acceptable. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 8, 1-28-91)

Sec. 31-14. City notification and authorization to construct, reconstruct, and/or repair improvements when owner or permittee fails to do so; notice of order.

When any work within a public right-of-way is directed by the city to be completed or when any work addressed within a right-of-way work permit is not completed or not completed in accordance with the provisions of this chapter, the department shall:

(1) Serve notice in writing upon the owner or permittee and surety directing such construction, reconstruction, or repair of improvements in accordance with the city standards and specifications.

The service of such notice may be made by delivery of a copy thereof to the permittee or owner. If the owner or permittee can not be found within the city, the notice shall be sent to his/her last known post office address and service by mail shall be deemed complete upon the expiration of seven (7) working days from the date of the mailing of such notice.

(2) Completion of work and billing to owner or permittee for costs. If the work of constructing, reconstructing or repairing is not begun in accordance with the notice provided for in the preceding subsection within ten (10) working days after the service of such notice or if, having been begun, such work is not completed within fifteen (15) working days or within a reasonable time as determined by the department thereafter, then such improvements shall be constructed, reconstructed, repaired or completed, as the case may be, by the department or contracted to a private contractor as determined by the department. Such construction shall be done under the general direction and supervision of the director.

Upon the completion of the construction, reconstruction or repairs, the cost thereof shall be paid out of appropriated money in the street fund.

Within forty-five (45) days thereafter the finance department shall serve upon the owner or permittee of such property an itemized statement of the actual costs of such construction, reconstruction, repair and administration costs incurred to satisfy the requirements of the permit.

(3) Collection of costs. The cost of such sidewalk construction, reconstruction or repair shall be assessed to the owner or permittee. This assessment shall be as provided in Idaho Code, Sections 50-316 and 50-1008. In addition to the right of a special assessment, the applicant’s surety bond will be utilized to reimburse such costs if the owner or permittee does not correct the work. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 9, 1-28-91)

Sec. 31-15. Cost of relocating existing public utilities.

The cost of relocating existing public utilities in order to conform to the requirements of this chapter shall be borne by the developer or permittee requiring the relocation unless the improvement is a substantial public improvement. If a substantial public improvement as provided for in section 31-2 is proposed, the individual public utility that owns the facilities to be relocated shall be responsible for the cost of such relocation. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 10, 1-28-91; Ord. No. 4025, § 3, 12-30-91)

DIVISION 3. SAFETY

Sec. 31-16. Department of public works to be notified.

Any person excavating, obstructing, or otherwise disturbing any right-of-way, shall notify the department of public works of the city at least twenty-four (24) hours prior to proceeding with any such work. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-17. Barricades and warnings required.

(a) Any person digging, excavating, disturbing, obstructing or undermining any right-of-way pursuant to a right-of-way work permit granted under the provisions of this chapter shall place proper barricades and warning signs to prevent injury to persons and property. All barricades, warning signs, traffic-control devices, and methods shall be in accordance with Part 6, “Traffic Control of Street and Highway Construction and Maintenance Operation” of the “Manual on Uniform Traffic Control Devices.”

(b) If the permittee fails to place and maintain proper traffic-control devices, the city may take action to correct the deficiencies or revoke the permittee’s right to continue work under the right-of-way work permit. Violations of this section within the travel lanes of the roadway shall constitute a public offense and are punishable as set forth in section 1-7 of this code. In addition to the penalty provision set forth in section 1-7 of this code, the public works director is authorized to immediately abate violations of this section by closing the traffic work zone until such time as the traffic zone is in compliance with this section. In the event costs are associated with correcting the problem, such costs shall be billed against the permittee. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 4384, § 3, 11-28-05)

Sec. 31-18. Department of public works may obstruct dangerous right-of-way.

The department may place a barrier, barricade or fence off any portion of any right-of-way which, by reason of any defect, obstruction or special condition, may cause a dangerous condition to exist for the passage of persons or vehicles. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-19. Removal of barricades.

No person shall knowingly and willfully remove, injure or destroy any barricade, fence or other traffic-control device lawfully directed, erected and maintained, whether by the department, permittee, or other persons lawfully authorized. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-20. Moving heavy equipment – Permit required.

No person shall move or cause to be moved any track vehicle or other machinery which does not have rubber tires, rubber tracks or street tracks on or across any crosswalks, sidewalks, culverts, bridges, or any wooden structure over concrete or asphalt paving within the city without having obtained a permit from the department. The owner, or party in charge of any such track vehicle or other machinery shall be held liable for any and all damage done to any of the structures or paving mentioned in the preceding section. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 11, 1-28-91)

Sec. 31-21. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-21. Said provisions pertained to the protection of the right-of-way while moving heavy equipment and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-22. Removal of material from or damage to right-of-way.

No person shall injure or remove any rock, sand, gravel, soil, sod, turf, or like substance from any rights-of-way or public property or cause damage to said rights-of-way or public property without the consent of the department. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 12, 1-28-91)

Secs. 31-23 – 31-32. Reserved.

ARTICLE II. CURBS AND SIDEWALKS

DIVISION 1. GENERALLY

Sec. 31-33. Sidewalks to be kept clear of snow, leaves, debris.

The owner, occupant, lessor or agent of any property abutting upon any sidewalk shall keep the sidewalk in front of such abutting property free and clear from snow, wood, leaves, weeds, litter, debris or other obstructions or impediments of whatsoever kind except as provided for in sections 6-87 through 6-91 and 31-74 and 31-75. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 13, 1-28-91; Ord. No. 4436, § 6, 3-27-06)

Sec. 31-34. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-34. Said provisions pertained to when snow should be removed from sidewalks and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Secs. 31-35 – 31-45. Reserved.

DIVISION 2. CONSTRUCTION, RECONSTRUCTION AND REPAIR

Sec. 31-46. Specifications; concrete sidewalks and curbs.

All concrete sidewalks and curbs shall be constructed, reconstructed and repaired under the supervision of the department in accordance with the city standards and with specifications on file in the office of the department. Curb cuts within existing or in new construction will be done in accordance with city standards. All work will be under the supervision of the department. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-47. Inspection; director may order construction.

(a) The department may inspect sidewalks and curbs and where any sidewalk or curb is so damaged or defective as to require repair or the construction of a new walk or curb and in all cases where there is no sidewalk or curb, the director shall have the authority to order the owners or agents in charge of property abutting or adjacent to construct a sidewalk or curb as necessary.

(b) Damaged or defective curb and gutter or sidewalks shall be defined as those curbs, gutters, or sidewalks which are:

(1) Separated or vertically misaligned by three-quarters (3/4) inch or greater;

(2) Spalled or have an irregular surface of three-quarters (3/4) inch or greater;

(3) Missing sections or broken into pieces of less than eighteen (18) inches in any measurement. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-48. Order from director to alter curb cuts or replace curb.

Where the use, convenience and necessity of the public requires, the director shall have the authority to order the owners or agents in charge of property abutting or adjacent to where the curb cuts are maintained to alter the curb cut or replace the curb in such manner as it shall find reasonably necessary under the circumstances. Notice and appeal of the director’s order shall be as provided in section 31-14. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-49. Effect of failure to repair, construct or reconstruct.

If the work is not performed pursuant to the order of the director, the department upon approval of the director shall perform the necessary repairs, construction or reconstruction and have the costs associated with such repair assessed against the property pursuant to Idaho Code, Sections 50-316 and 50-1008. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-50. Materials for repaired sidewalks and curbs.

Curbs and sidewalks shall be constructed of concrete, and shall be constructed in accordance with the city standards for such construction on file in the office of the department. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-51. Concrete sidewalks and curbs, or payment of “in lieu” fee, required in conjunction with all new construction and major remodeling.

(a) Concrete sidewalks and curbs shall be required in conjunction with all new construction and major remodeling, except as provided in planned unit developments and sections 31-51(d) and 31-51.1 of this code. No building permit for new construction, major remodeling of an existing structure or the installation of manufactured homes or prefabricated structures shall be issued by the building official until adequate provisions are made for necessary sidewalk and curb improvements required by this code in conformity with city standards.

(b) Curbs and sidewalks shall meet city standards and be installed under the supervision and control of the department and shall be installed at the expense of the owner of the property abutting the improvements. Improvements shall extend the full length of the parcel which fronts on any public street. Where no grade or line for curbs and sidewalks has been established for such street, curbs and sidewalks shall be constructed at a grade and line approved by the department.

(c) In planned unit developments approved pursuant to Chapter 37 of this code, curbs and sidewalks shall be required on both sides of all streets except as provided hereafter. Within planned unit developments an alternative sidewalk plan that provides for either a payment in lieu of sidewalks or construction of pedestrian pathways remote from the right-of-way may be approved by the city council. Money collected through the “in-lieu-of” program shall be used by the city to construct sidewalks from the planned unit development to other areas within the city. An agreement identifying the lots on which sidewalk construction is required, the lot on which an “in-lieu-of” payment is required and identifying the sidewalks to be constructed with the money collected under the “in-lieu-of” program shall be approved by the city council and recorded with the Nez Perce County recorder.

(d) Exemptions. At the request of the property owner, payment of a fee, in lieu of sidewalk construction, shall be allowed under the following circumstances:

(1) The street in question is a local residential road; and

(2) The side of the street on which the development is occurring has not been identified in the sidewalk master plan as a priority, or desirable for sidewalk installation; and

(3) Sidewalks or postponement agreements do not exist within one (1) block on the same side of the street of the parcel on which development is occurring; and

(4) Curbs and gutters have been postponed; and

(5) The right-of-way is insufficient, cannot be dedicated, and the city is unable or does not desire to purchase adequate right-of-way; and

(6) Where the director of public works determines a hazard may be created by such installation.

(e) The in-lieu fee shall be assessed per lineal foot of street frontage. The cost per lineal foot shall be determined by February 1st each year for all fees paid for the next twelve (12) months based on the current labor and material costs for sidewalk construction.

(f) Money collected through the “in-lieu-of” program shall be used by the city to construct sidewalks within the same neighborhood, as defined in the comprehensive plan, as the fees were generated from, in accordance with the sidewalk master plan. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 14, 1-28-91; Ord. No. 4132, § 2, 6-26-95; Ord. No. 4270, § 4, 10-30-00; Ord. No. 4394, § 2, 4-11-05)

Sec. 31-51.1. Additional requirements.

(a) Curbs. Curbs shall be required for all new construction, major remodeling, manufactured home installation, prefabricated structures or subdivisions located on all streets.

For all new construction, major remodeling, manufactured home installation and prefabricated structures involving single or duplex residences, the property owner shall be responsible for curb, gutter and sidewalk construction and the city shall be responsible for street construction between the curb and existing street pavement. In all other instances the property owner shall be responsible for curb, gutter, sidewalk and street construction between curb and existing pavement, all in conformity with city standards.

Curbs may be postponed by the public works director if:

(1) A storm drainage problem would be created; or

(2) The centerline of an existing street has not been formally designated.

Postponement in no way relieves the abutting property owner from the responsibility to construct curbs to city standards at such time as it becomes necessary, as determined by the public works director, for public safety or storm drainage.

(b) Sidewalks. Sidewalks shall be required on all streets except as provided for in section 31-51 of this code.

(1) Sidewalks shall be constructed under the supervision and control of the director in accordance with current city standards and shall be constructed at the expense of the owner of the property in front of which the sidewalk is constructed, except as may be provided by the city council for substantial public improvements.

(2) Construction of sidewalks as required by this section may be postponed by the director only when:

a. Curbs and gutters have been postponed;

b. Improvements to the abutting road have been adopted as part of the CIP and it is in the city’s interest to postpone sidewalk until such time as the road improvements have commenced.

(3) Postponement in no way relieves the abutting property owner from the responsibility to construct sidewalks to city standards at such time, as determined by the public works director, that the reason for the postponement no longer exists. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 15, 1-28-91; Ord. No. 4025, § 4, 12-30-91; Ord. No. 4132, § 3, 6-26-95; Ord. No. 4394, § 3, 4-11-05)

Sec. 31-52. Liability of owner.

(a) The owners of the property in front of or for the use of which any structures referred to in the preceding section are constructed, kept or maintained shall be liable to the city for the condition thereof and shall construct, keep and maintain the same upon the express condition that the owner of such property will save and keep the city harmless from any and all damages, losses, claims and demands occurring on account of or by reason of the existence of such structures.

(b) Such covenant shall be deemed a covenant running with the land and the construction of such structures or the keeping or maintaining of those in existence for thirty (30) days after the passage of this section shall be deemed an acceptance of all the terms and conditions of this section. (Ord. No. 3726, § 2, 10-22-84)

Secs. 31-53 – 31-65. Reserved.

ARTICLE III. ENCROACHMENTS

Sec. 31-66. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-66. Said provisions pertained to banners existing within the right-of-way and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-67. Posts, uprights and supports prohibited.

No person shall place, erect or construct in or upon any public street or sidewalk within the city any post, upright, support or other obstruction to support, uphold or attach to any porch, awning, banner, sign, advertising device or other structure, except as provided for in section 31-74; provided, that nothing in this or the preceding section shall be construed to prohibit the erection and maintenance of authorized utility poles and approved traffic-control devices. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-68. Buildings projecting over streets or sidewalks.

No building shall be erected, altered or repaired so as to project over, into or onto any street or sidewalk, except as provided for in section 31-74; provided, that this section shall not apply to the bases of columns projecting not to exceed six (6) inches or to cornice or projections placed at least ten (10) feet above the top of sidewalks. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-69. When railing required.

(a) All cellarways leading to cellars used for actual business places shall be protected with a solid, substantial railing at least two (2) feet nine (9) inches high on all sides except the direct entrance upon the street.

(b) The person occupying the cellar shall cause the cellarway to be kept lighted during the nighttime. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-70. Excavations and structures under sidewalks; permits; specifications; may be declared nuisances.

(a) No excavations shall be made under any sidewalk or sidewalk space in the city, nor shall any areaway, cellar door, stairway, coal hole or other like structure be constructed, kept or maintained in any such sidewalk or sidewalk space unless a permit shall first be obtained therefor as is or may be required by this code or other ordinances of the city and unless such structure shall be constructed in accordance with this code or other ordinances of the city governing such structures. Such structures shall be so secured, guarded and kept as to protect persons and property from injury by reason of the existence or condition of such structures.

(b) All such structures which are not constructed, kept and maintained in accordance with this section or which are permitted for any reason to become dangerous are hereby declared nuisances. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-71. Gates and doors swinging over sidewalks prohibited; same declared a nuisance.

(a) All gates and doors within the city which are built, constructed and fastened so that in opening the same they swing upon or over any portion of any sidewalk, street or alley of the city are hereby declared to be nuisances.

(b) No person shall build, construct, hang, maintain or keep any such gate or door within the city. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-72. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-72. Said provisions pertained to chairs, benches and gatherings on sidewalks and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

Sec. 31-73. Cellarways; when cover required.

(a) All cellarways to cellars, which are not used for offices, stores, restaurants or other places of business where the general public is invited to enter, shall be covered with an iron or glass door or iron grating, the bars of which shall not be more than three-fourths (3/4) of an inch apart and not less than one-half (1/2) inch by one and one-half (1-1/2) inches.

(b) Such bars shall rest on a firm and solid support or iron sufficiently strong to support foot travelers and be so constructed that, when shut, they shall be even with and form a part of the sidewalk and shall not be opened except during the daytime and when open, shall have all the sides thereof, except the side facing the streetway or curb closed by a fence or railing at least two (2) feet high; provided that if double doors are used to hold such doors firmly upright when open, an iron bar shall be extended from door to door across the open space at the end of the next footway or pavement in lieu of such railing, so as to guard persons passing along the pavement or sidewalk from falling therein.

(c) No such door shall be open at any one time to exceed one (1) hour. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-74. Temporary right-of-way uses; permit; application; contents; fee.

(a) Temporary uses of the right-of-way shall be limited to the following:

(1) Right-of-way work as permitted and governed by sections 31-3 through 31-8 of this code.

(2) Community and special events as permitted by the public works director.

(3) Landscaping and beautification consisting only of:

a. Grass.

b. Flowers, bushes, shrubbery no higher than thirty (30) inches.

c. Street trees maintained pursuant to the urban forestry program.

(4) Other uses as permitted upon review and approval of the public works director or his designee.

And within the Central Business District as described in section 37-145 and along Main Street from 9th Street to 18th Street:

(5) One sandwich board sign per business, and display of merchandise under the control of an adjacent business when:

a. After placement of the encroachment, there remains eight (8) feet of unobstructed sidewalk;

b. The encroachment is not within the clear vision area as defined in Lewiston City Code section 31-2, nor block any traffic control device;

c. The encroachment does not pose any type of safety hazard because of wind, electrical cords or similar issues;

d. The encroachment does not rely on city utilities unless city authorization has been granted;

e. The encroachment does not impair city landscaping or city landscaped areas.

(b) In no event shall any temporary uses of the right-of-way constitute a sight obstruction for any traffic using the right-of-way.

(c) All temporary right-of-way uses shall require the approval of an application through the department of public works. All applications, except those for landscaping and beautification, sandwich board signs, and display of merchandise shall require the payment of a fee as determined by the department of public works. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3872, § 2, 8-3-87; Ord. No. 3928, § 1, 7-5-88; Ord. No. 3992, § 16, 1-28-91; Ord. No. 4045, § 1, 9-14-92; Ord. No. 4436, § 7, 3-27-06)

Sec. 31-75. Permanent and semi-permanent encroachments in the right-of-way.

Permanent encroachments in the right-of-way are hereby prohibited.

(1) A semi-permanent encroachment may be approved by the public works director upon application, provided the encroachment, conforms to the following requirements:

a. After placement of the encroachment, there remains eight (8) feet of unobstructed sidewalk in commercial districts and four (4) feet in residential and industrial districts.

b. The encroachment is not within the clear vision area as defined in Lewiston City Code section 31-2 nor blocks any traffic control device;

c. The encroachment does not pose any type of safety hazard because of wind, electrical cords, or similar uses.

(2) Nothing herein shall prohibit the placement of mailboxes, allowed by the United States Postal Service, adjacent to the edge of pavement of any right-of-way without permit.

(3) Nothing herein shall prohibit an outdoor eating facility or mobile cart properly licensed under section 6-87 et seq. (Ord. No. 3872, § 3, 8-3-87; Ord. No. 3928, § 2, 7-5-88; Ord. No. 3992, § 17, 1-28-91; Ord. No. 4436, § 8, 3-27-06)

Sec. 31-76. Insurance required.

(a) The permittee obtaining a right-of-way use permit for a semipermanent encroachment, as provided for in section 31-75(1), shall be required to provide and maintain proof of general homeowner’s liability or general business liability insurance for the real property abutting the right-of-way encroachment, with the city named as an additional insured thereon.

(b) The permittee obtaining a right-of-way use permit in all other circumstances shall be required to provide and maintain proof of insurance coverage as described hereafter. Proof shall be in the form of a certificate approved by the city. Alternate forms of insurance approved by the city will be acceptable that meet the minimum required insurance limits. The certificate shall contain a provision that the insurance shown on the certificate will not be cancelled or materially altered without at least thirty (30) days’ prior written notice to the city.

(c) The insurance required shall contain the following coverages: Comprehensive general liability, including blanket contractual, broad-form property damage, XCU coverages and completed operations. Minimum limits shall be three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) per occurrence for property damage, or three hundred thousand dollars ($300,000.00) combined single limits for both bodily injury and property damage. Comprehensive automobile liability shall also be carried by the permittee, which will include owned, nonowned and hired coverages. Limits shall be one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and one hundred thousand dollars ($100,000.00) for property damage, or three hundred thousand dollars ($300,000.00) combined single limit. Workmen’s compensation and employer’s liability shall also be carried with the employer’s liability limit of liability no less than one hundred thousand dollars ($100,000.00). The city shall be named as the additional insured under all policies. The coverages shall be written with a company (or companies) that is licensed and in good standing with the Idaho State Insurance Department and acceptable to the director of public works. (Ord. No. 3872, § 4, 8-3-87; Ord. No. 3928, § 3, 7-5-88)

Sec. 31-77. Reserved.

Editor’s note – Ord. No. 4263, § 2, adopted April 17, 2000, amended the code by deleting provisions contained in § 31-77. Said provisions pertained to political signs and derived from Ord. No. 3773, § 4, adopted April 29, 1985, as amended by Ord. No. 3962, § 1, adopted April 16, 1990.

Sec. 31-78. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-78. Said provisions pertained to prohibited signs and derived from Ord. No. 3773, § 5, adopted April 29, 1985.

Secs. 31-79 – 31-84. Reserved.

ARTICLE IV. STREET NAMES AND HOUSE NUMBERING

Sec. 31-85. Names of new streets shall be approved by city council.

(a) For purposes of this article, the city will be divided into three (3) sections, North Lewiston, Lewiston and Lewiston Orchards.

(1) The North Lewiston district of the city will be all that area north of the Clearwater River.

(2) The Lewiston district of the city will be all that area south of the Clearwater River and north and west of the following described line: The centerline of Stewart extended east and west. The north/south line will be a line extended south from the east/west boundary along the west boundary line of the east one-half of Sections 12, 13, 24 and 25, Township 35 North, Range 6 West through the south city limits line.

(3) The Orchards district of the city will be all that area south and east of the above-described line.

(b) All streets laid out and dedicated within the city shall be named to correspond with the streets and avenues of which they are extensions; all names shall be submitted to the city council for approval before filing for record.

(c) The general plan of the city is to number all north and south streets and call them streets.

(1) On the plats for the Lewiston district north of the bluff between Snake River Avenue and 9th Street, north of Idaho Street between 9th Street and 21st Street and south of the Clearwater River, west of 21st Street and east of the Snake River, the east and west streets are to be lettered and called streets.

(2) In the remainder of the Lewiston district and in the North Lewiston district, east and west streets are to be designated as avenues and be numbered.

(3) In the Orchards district the original east/west streets are to be named and called avenues, all other through east/west streets are to be named and called drives.

(4) Streets not conforming to this grid in the judgment of the department of public works, such as diagonal, curvilinear, contour, cul-de-sac, etc., shall be assigned a name followed by an appropriate title such as boulevard, road, trail, way, drive, etc.

(d) The city council shall give final approval to all proposed street names by ordinance. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-86. All houses and buildings to be numbered.

All houses and buildings within the city shall be assigned a number by the director and shall be physically numbered by the owners or occupants thereof in accordance with the provisions of this article. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 4025, § 5, 12-30-91)

Sec. 31-87. Decimal system of numbering adopted.

The decimal system of numbering is hereby adopted for the numbering of buildings and houses within the city. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-88. System used in the Lewiston district of the city.

(a) Number assigned. One hundred (100) numbers are hereby assigned to each block and twenty (20) feet to each number, but in cases where the lots or blocks are irregularly platted the numbers shall be assigned in such manner

as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. Main Street is hereby adopted as the initial or base line for the numbering of all buildings and houses on streets running approximately north and south of the Lewiston district.

The following streets are hereby adopted as the initial or base line for the numbering of all buildings and houses on streets and avenues running approximately east and west in the city: First Street from its northern terminus to Main Street and Snake River Avenue from its intersection with Main Street to monument No. 7; thence east two hundred (200) feet; thence south to the intersection of Fifteenth Avenue and First Street to University Addition and thence south along First Street to the southern city limits.

(c) System used on streets running north and south. The numbering on all streets extending southerly from Main Street shall begin at Main Street with No. “101” and continue with the even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

In like manner, the numbering on all streets extending northerly from Main Street to the Clearwater River shall begin with the even numbers on the west side and the odd numbers on the east side of the street, in accordance with such system.

All such numbers on streets running northerly from Main Street shall have the cipher preceding the number.

This shall constitute a part of the house or building number.

(d) System used on streets running east and west. The numbering on all streets and avenues extending easterly from the First Street base or initial line, with its extensions, shall commence at such base lines with No. “101” and continue on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

The numbering on all streets or avenues extending westerly from the First Street initial or base line, with its extensions, shall commence at such initial line with No. “101” and continue on each street with the even numbers on the south and the odd numbers on the north side of the street, in accordance with such system.

Each and every number on such streets or avenues running westerly from the First Street initial line shall have the capital letter “W” prefixed.

Such letter shall constitute a part of the building or house number. (Ord. No. 3726, § 2, 10-22-84; Ord. No. 3992, § 18, 1-28-91)

Sec. 31-89. Systems used in North Lewiston district of the city.

(a) Number spacing. One hundred (100) numbers are hereby assigned to each block and twenty (20) feet to each number, but in cases where the lots or blocks are irregularly platted, the numbers shall be assigned in such manner as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. First Avenue North is hereby adopted as the initial or base line for numbering of all buildings and houses on the streets running approximately north and south in the North Lewiston district. First Street North is hereby adopted as the initial or base line for the numbering of all buildings and houses on the avenues running approximately east and west in the North Lewiston District.

(c) System used on streets running north and south. The numbering on all streets extending northerly from First Avenue North shall begin at First Avenue with number “101” and continue with even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

(d) System used on streets running east and west. The numbering on all streets and avenues extending easterly from the First Street base or initial line, with its extension, shall commence at such base lines with No. “101” and continue on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

The numbering on all streets or avenues extending westerly from the First Street initial or base line, with its extensions, shall commence at such initial line with No. “101” and continue on each street with the even numbers on the north and the odd numbers on the south side of the street or avenue.

Each and every number on such streets or avenues running westerly from the First Street initial line shall have the capital letter “W” prefixed.

Such letter shall constitute a part of the building or house number. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-90. System used in the Lewiston Orchards District of the city.

(a) Numbering spacing. One hundred (100) numbers are hereby assigned to each block and 63.25 feet to each number, but in cases where the lots and blocks are irregularly platted, the numbers shall be assigned in such manner as will, under all the circumstances, be most nearly in conformity with the system hereby adopted.

(b) Base line. Fourth Street is hereby adopted as the initial or base line for the numbering of all streets and houses on streets running approximately east and west.

Stewart Avenue is hereby adopted as the initial or base line for the numbering of all buildings and houses on streets running approximately north and south.

(c) The numbering of all streets and avenues extending easterly from Fourth Street shall begin at Fourth Street starting with “401” and continuing on each street with the even numbers on the south side of the street and the odd numbers on the north side of the street or avenue.

In a like manner the numbering on all streets extending westerly from Fourth Street to the boundary of the Orchards shall begin with the number “340” and decrease with the even numbers on the north and the odd numbers on the south side of the street or avenue.

(d) The numbering of all streets extending southerly from the Stewart Avenue base line or initial line, with its extension shall commence at such base line with Number “3101” and continue on each street with the even numbers on the west side of the street and the odd numbers on the east side of the street in accordance with the system established by this article.

(e) The numbering of Thain Road will start at the center line of Preston with “101” numbers and continue with the even numbers on the west and the odd numbers on the east side of the road.

(f) The north and south street and Thain Road will change 100 block numbers only on Stewart, Preston, Warner, Bryden, Burrell, Grelle, Powers, Ripon and Richardson. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-91. Director to prepare and file map; assignment of numbers.

(a) The director shall prepare and place on record in the department a plat showing the numbers assigned, in accordance with this article to each house, building or tract of land within the city.

(b) Such map shall be a permanent record of the department and shall be kept for the inspection and use of the public.

(c) The director shall advise persons who inquire of the numbers assigned to any particular house, building, lot or parcel of land as to which information is sought. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-92. Owners to furnish own numbers; specifications of same.

(a) Building or house numbers to be used in accordance with the provisions of this article shall be obtained by the owners or occupants of the property at their own expense. Such numbers shall be of neat and legible character and of such size as will enable persons of ordinary eyesight to easily read the same from the street line in front of the house or building upon which such numbers are placed.

(b) Such numbers shall be placed in a conspicuous position upon such house or building, over or at the side of the front entrance thereto. (Ord. No. 3726, § 2, 10-22-84)

Sec. 31-93. Reserved.

Editor’s note – Ord. No. 3992, § 19, adopted Jan. 28, 1991, amended the code by deleting provisions contained in § 31-93. Said provisions pertained to violations of Art. IV and derived from Ord. No. 3726, § 2, adopted Oct. 22, 1984.

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Footnotes

1. Editor’s note – Ord. No. 3726, §§ § 1, 2, adopted Oct. 22, 1984, repealed former Ch. 31, relative to streets and sidewalks, and enacted in lieu thereof a new Ch. 31 as herein set out. Former Ch. 31 was derived from the 1960 Code, §§ 2-17, 2-18, 31-1 – 31-12, 31-14, 31-16 – 31-16.9, 31-17 – 31-38, 31-41 – 31-52, and Ord. Nos. 2323, 2506, 2550, 2642, 2853, 2861, 3120, 3429, 3399, 3576, and 3656.

Cross references – Buildings and building regulations, Ch. 10; electricity, Ch. 14; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; signs, Ch. 30; subdivisions, Ch. 32; traffic, Ch. 35; water and sewers, Ch. 36; zoning, Ch. 37.