[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven 6-22-1970 as Ch. 24 of the 1970 Code. Amendments
noted where applicable.]
A.
No person shall dig up any street or public place for
any reason or purpose without a written permit from the Superintendent of
Public Works. Any person desiring such a permit shall make an application
in writing therefor, specifying the location where the work is to be done,
the purpose of the same and the time within which the work shall be completed
and the street replaced; and such application shall state that the work shall
be done under the supervision of the Superintendent of Public Works; and such
application further shall state that the applicant, in the event that a permit
is issued, agrees to indemnify and hold the Village of Fair Haven harmless
from all damages and costs by reason of injury to persons or property arising
directly or indirectly from the opening of such street or by reason of any
failure to repair and replace said street to the satisfaction of the Superintendent
of Public Works. The Superintendent of Public Works shall not issue such written
permit unless, together with such written application, a performance bond,
good bank check or security of the applicant sufficient to cover the full
cost of repairing or replacing said street or public place as estimated by
the Superintendent of Public Works shall be furnished to the Village of Fair
Haven. The performance bond shall be issued by a bonding or surety company
approved by the Board of Trustees, shall be approved by said Board and the
Village Attorney as to the manner of execution and sufficiency; or, if security
of the applicant or bank check is furnished, it shall be acceptable to the
Board of Trustees.
B.
No person shall use construction equipment for excavation
purposes anywhere within the Village without a written permit from the Superintendent
of Public Works. Any person desiring such a permit shall make an application
in writing therefor, specifying the location where the work is to be done,
the purpose of same and the time within which the work shall be completed.
Such application shall also state that the work shall be done under the supervision
of the Superintendent of Public Works who must be notified in writing of the
commencement of the work and of its completion. Such application shall further
state that the owner of such equipment, in the event that a permit is issued,
agrees to indemnify and hold the Village harmless from all damages and cost
by reason of injury to persons or property arising directly or indirectly
from the opening of such place, and shall further state that the owner of
such equipment shall be responsible for and liable to the Village of Fair
Haven for any damage done to any Village water lines or any other Village
facility, arising directly or indirectly from the opening of such place with
said equipment.
C.
All such ditches, trenches and openings shall at all
times be properly guarded and lighted at night.
Every person to whom such a permit is issued, at all times while said
work is being done, shall have such permit available at the place where the
work is being done and shall be able to exhibit the same to any police officer
or to any officer or authorized representative of the Village who shall desire
to inspect same.
No person shall install, construct or in any way place a covered ditch
anywhere within the confines of the Village of Fair Haven without written
authorization of the Board of Trustees.
It shall be the duty of a person desiring to construct a driveway or
ramp over a street or highway ditch within the Village to make a written application
therefor to the Superintendent of Public Works, designating the location where
the work is to be done, the purpose of same and stating that all work will
be done to specifications required by the Village and subject to the approval
of the Superintendent of Public Works.
The construction of a driveway or ramp over a street or highway ditch
shall not be allowed unless a corrugated galvanized pipe, a minimum of 20
feet in length, with locking collar or reinforced concrete pipe with sealed
joints having an inside dimension of not less than 12 inches is installed
in said ditch prior to such construction, or a greater inside dimension if
the Superintendent of Public Works so directs. It is further specified that
all such construction is subject to the inspection and approval of the Superintendent
of Public Works.
No person shall erect, hang or place, or cause to be erected, hung or
placed over, upon or across any sidewalk in the Village any sign, banner or
other emblem or insignia. Any sign, banner or other emblem or insignia intended
to run parallel with the building in a horizontal position must be fastened
securely to the building walls.
[Added 12-11-2000]
A.
No porch, stoop, piazza, bay window, stairs or portion
of building(s) shall be erected or placed or encroach on any street unless
by permission of the Board of Trustees.
B.
The permission of the Board of Trustees is hereby given
that any such structure heretofore erected or placed or encroaching on any
street may continue to be maintained without the permission of the Board of
Trustees.
No builder, contractor or workman in control of any operations or repairs
upon private property shall obstruct any sidewalk in the Village or endanger
the safety of pedestrians over such sidewalk. If such building or repair operations
shall necessitate the temporary, obstruction of such sidewalk or the existence
of a condition making the use of such sidewalk unsafe, the Board of Trustees,
in its discretion and subject to such restrictions as the Board may impose,
may authorize the temporary closing of said sidewalk during the period of
such operations.
The owner or occupant of every building or lot and the owner of every
unoccupied building or lot which adjoins upon a sidewalk shall see that said
adjoining sidewalk is at all times kept unencumbered and free from snow, ice,
dirt, rubbish or other matter which may obstruct the free and proper use of
same.
No person shall encumber any street, sidewalk or public place in the
Village with any material whatsoever or erect or maintain any encroachment,
sign or projection in, over or upon any of the streets, sidewalks or public
places or make any excavations in or upon the said streets, sidewalks or public
places or immediately adjoining said streets, sidewalks or public places or
obstruct any street, sidewalk or public places within the Village of Fair
Haven so as to hinder, impede and delay free traffic for a period longer than
five minutes without written permission of the Board of Trustees.
Whenever the Superintendent of Public Works shall find the sidewalk
or sidewalks adjoining any real property in the Village of Fair Haven out
of repair or in an unsafe and dangerous condition, he may order, in writing,
the owner or occupant of said real property to remedy or remove such condition
or make such repairs as may be necessary in his judgment. It shall be the
duty of every owner or occupant on whom such an order is served to comply
with said order within the time specified therein. Service of said order may
be made either by delivering a copy of said order to the owner or occupant
or by delivering it to any person in charge of said real property or, in case
no such person is found, by affixing a copy thereof in a conspicuous place
on said property or by mailing a copy of said order to the owner or occupant
directed to his last known address.
No person shall construct, or cause or permit to be constructed, a curb
or sidewalk of cement, concrete, stone, brick or other similar substance on
any street, highway, sidewalk or other public place within the Village of
Fair Haven without obtaining, prior to said construction, from the Superintendent
of Public Works the proper grade for such curb or sidewalk.
It shall be the duty of a person desiring to construct a curb or sidewalk
as is described in the foregoing section to make a written application therefor
or to the Superintendent of Public Works, designating the street, avenue,
highway or public place upon which such curb or sidewalk is to be constructed.
The width of sidewalks in the Village of Fair Haven shall be in accordance
with the specifications and regulations established by the Superintendent
of Public Works.
Any person violating any of the provisions of this chapter shall be
punished, upon conviction, by a fine not exceeding $250 for each violation.
In addition each violation of this enactment shall constitute disorderly conduct
and each person violating the same shall be a disorderly person. Each day
that a violation or failure to comply with any provision of this enactment
or any regulation promulgated hereunder by the Board of Trustees occurs shall
constitute a separate and distinct violation.
If any section, subsection, paragraph, sentence, clause or phrase of
this chapter should be declared invalid for any reason whatsoever, such decision
shall not affect the remaining portions of this code which shall remain in
full force and effect, and to this end the provisions of this chapter are
hereby declared to be severable.
All of Ordinance Numbers 8, 10 and 11 adopted by the Board of Trustees
October 17, 1966, are hereby repealed.
This chapter shall take effect upon final passage and publication as
provided by law.
