No person shall transport or cause to be transported ashes,
rubbish, garbage or refuse consisting of any other matter upon any
highway in an open vehicle of any type, unless the contents of such
vehicle are kept tightly and completely covered at all times.
[Added 8-11-1987]
A.
The Common Council of the City of Cortland hereby abandons and discontinues
the use of the north/south spur of East Court Street and a portion
of Central Avenue, which are more particularly described as Parcels
I, II and III on Schedule A which is annexed to and made a part of
this resolution, as public streets.[1]
[1]
Editor's Note: Schedule A is on file in the office of the
City Clerk.
B.
The Common Council hereby authorizes the City of Cortland Department
of Public Works to take all actions necessary to effectuate the abandonment
and discontinuance of the designated roads as public streets.
C.
This resolution shall be referred to the Mayor of the City of Cortland
for the Mayor's approval.
D.
This resolution shall become effective immediately upon the Mayor's
approval.
E.
A true and accurate copy of this resolution shall be recorded in
the real estate records of the office of the Cortland County Clerk,
and that the City Clerk of the City of Cortland execute a certificate
and take all actions necessary to effectuate the recording of this
resolution in the office of the Cortland County Clerk.
[Added 3-7-1989]
The Common Council of the City of Cortland hereby abandons and
discontinues the use of a City of Cortland Street known as "John Street"
and more particularly described as being approximately 49 1/2
feet wide and extending northward from West Main Street to Alvena
Avenue.
[Amended 12-19-1978 by Ord. No. 1979-2; 6-3-1980 by Ord. No.
1980-2; 9-5-1989]
A.
The parking of a vehicle on a front lawn of real property between
the curblines and a residential building is detrimental to the beneficial
employment of one's neighborhood and is harmful to the safety and
general welfare of this community.
B.
Definitions. Except as hereinafter provided, the words and phrases
used in this section shall have the same meanings as provided by the
State Vehicle and Traffic Law.
C.
Residential parking or standing restriction. Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a Police or Fire Department officer, no person shall stop, stand, or park a vehicle on a sidewalk, or on a front yard as said term is defined in Chapter 300 of the Code of Ordinances of the City of Cortland; nor shall the owner of any such building permit the parking or standing of a vehicle within such area, except as follows:
[Amended 10-2-2007 by Res. No. 105-2007]
(1)
That
portion of an approved driveway or other parking area completely within
the property lines of the building; provided that such driveway or
parking area is not directly in front of or on the side of any portion
of the building (except portions used exclusively for nonresidential
purposes) bordering on any street or highway; or
(2)
A
hotel or motel served by a fire safety sprinkler or alarm system;
or
(3)
An
approved driveway or other parking area in front of a garage, which
garage is built into or incorporated in the building; or
D.
The City
police officers, City fire fighters and City Code Enforcement Officers
are herein authorized to issue parking tickets to any person found
to be parking a vehicle in violation of this section. The Code Enforcement
Officers are herein authorized to issue appearance tickets to any
person who constructs, owns, maintains, authorizes, permits or otherwise
allows a parking area in violation of this section.
[Amended 10-2-2007 by Res. No. 105-2007]
E.
Penalties
for offenses.
[Amended 10-2-2007 by Res. No. 105-2007]
(1)
Any
person who shall construct, own, maintain, authorize, permit or otherwise
allow a parking area in violation of this section shall be punishable
by fine of up to $250 or by imprisonment for a term of not more than
15 days, or by both such fine and imprisonment.
(2)
The
imposition of one penalty for any violation shall not excuse the violation
or permit it to continue; and all such persons shall be required to
correct or remedy such violations within a reasonable time; and when
not otherwise specified, each day that prohibited conditions are maintained
shall constitute a separate violation. The application of the above
penalty shall not be held to prevent the enforced removal of prohibited
conditions.
F.
Variances.
(1)
Because it may be impossible or extremely difficult for the owners
of certain residential properties to conform to the foregoing requirements,
and because the firesafety hazard at these properties may be minimal
or nonexistent, the City hereby adopts procedures to vary or modify
the strict application thereof to such properties and empowers the
Board of Fire Commissioners to act as a Variance Board to hear and
determine applications for such variances.
(2)
Any residential property owner may submit a request to the Variance
Board to have their property excluded from the strict compliance of
this section. Such request shall be on such written forms as may be
reasonably required by the Board.
(3)
Upon receipt of such request, the Board shall promptly give public
notice in a newspaper of general circulation (the cost of such notice
to be paid for in advance by the applicant) of a public hearing concerning
such request to be held not less than five nor more than 15 days after
the publication of such notice.
(4)
Grant or denial.
(a)
The Board shall, not more than 15 days after such public hearing,
prepare a written "Decision and Findings," which it shall file with
the City Clerk, either granting, denying, or granting with conditions,
such request.
(b)
Before granting a variance, or granting with conditions, the
Board shall find and make part of its decision and findings all of
the following:
[1]
That the degree of difficulty in conforming the property to
this section is so great as to be an undue burden on the property
owner, or that the imposition of conditions would be an undue burden.
[2]
That the potential firesafety hazard is so negligible as to
be slight or nonexistent, or that there are other features of the
property or surrounding area such as to so substantially reduce any
potential fire hazard to a negligible degree. In making this finding,
the Board may consider the number of motor vehicles reasonably expected
to be parked on the property, the number of persons residing at the
property, and other firesafety precautions such as a sprinkler, alarm
system or fire escapes.
(c)
The Board shall indicate all of the factors it considered in
granting a variance, or granting with conditions.
(5)
Any resident property owner or City official may appeal in writing
the Board's "Decision and Findings" to the Common Council, provided
that such written appeal, stating the reasons therefor, is filed with
the City Clerk not more than 30 days after the filing thereof with
the City Clerk. The Common Council shall hold a public hearing on
such appeal within 30 days after the filing thereof and shall give
public notice of at least five days in a newspaper of general circulation.
The cost of a publication shall be paid for in advance by the appellant
with the filing of the appeal. The Council shall make a decision and
findings in the same manner as the Board. Any person aggrieved by
the Council's decision and findings may seek judicial review thereof
pursuant to Civil Practice Law and Rules Article 78.
(6)
Upon the granting or denial of a variance, the Board shall immediately
inform the Police and Fire Chiefs and the property owner thereof.
