[Adopted 8-5-1969 as Ch. 15, Art. I, of the 1969 Code of Ordinances]
[Amended 4-6-1971 by Ord. No. 1971-9]
No person shall obstruct or block off any public sidewalk, public
street or public grounds, or any portion thereof, of the City without
first obtaining a permit therefor from the Common Council of the City.
[Added 2-4-1986]
The City Superintendent shall designate street numbers for all
property.
[Added 2-4-1986]
No person shall assign any name to any new street without first
submitting the proposed name to the Board of Public Works for its
approval.
[Added 2-4-1986]
The owner, occupant or person in charge of any building located
upon or in close proximity to the line of any sidewalk, street or
other public way shall, upon notice from the City Superintendent or
police officer, remove or cause to be removed the snow and ice from
the roof, eave-trough or gutter of such building when the same is
liable to fall therefrom.
[Added 2-4-1986]
A.
Definitions and word usage.
(1)
ATTORNEY
BOARD
PERMITTEE
SUPERINTENDENT
Terms defined. Unless otherwise expressly stated the following terms
shall, for the purpose of this chapter, have the meanings indicated:
The City Attorney of the City of Cortland, New York.
The Board of Public Works of the City.
The person obtaining a permit or their duly authorized representative.
The Superintendent of Public Works of the City or their duly
authorized representative.
(2)
Word usage. The words "directed," "required," "permitted," "ordered,"
"designated," "selected," "prescribed," "determined," "certified,"
"specified" or words of like import used in this section shall mean,
respectively, the direction, requirement, permission, order, designation,
selection, prescription, determination, certification or specification
of the Superintendent of Public Works. The words "approved," "authorized,"
"acceptable," "satisfactory," "adequate," "suitable," "competent"
or words of like import used in this section shall mean, respectively,
approved by, authorized by, acceptable to, satisfactory to, equal
to or necessary, adequate, suitable or competent in the opinion of
the Superintendent of Public Works.
B.
Permit required to perform work.
(1)
No person shall do any of the following:
(a)
Construct, remove, replace or repair a sidewalk or driveway
within the limits of any public street, highway or other public property;
(b)
Open or cause to be opened, by cutting or excavating, the pavement
or soil of any street, highway, sidewalk area or other public grounds;
(c)
Obstruct, encumber or occupy in any manner or for any purpose
whatsoever any public street, highway, sidewalk area,
(2)
Without first obtaining therefor from the City Clerk or their authorized
representative a written permit for any of the above-mentioned work.
C.
Application for permit.
(1)
Forms. Any property owner or utility corporation desiring a permit as prescribed in Subsection B shall make application therefor to the Superintendent upon forms provided for that purpose.
(2)
Contents. Said application shall contain the names and addresses
of the applicant and of the owner of the property in for which or
for whom the work is to be performed, the nature of the work to be
done and date and dates when the work is to be done, together with
such necessary sketches and additional information as the Superintendent
may require, and a signed statement by the applicant that said applicant
agrees to perform the work for which the permit is granted strictly
in accordance with the conditions of the permit, the provisions of
the Charter and the ordinances of the City and the applicable rules
and regulations of the Department of Public Works and that the City
is to be saved harmless from any loss, injury or damage arising out
of the granting of the permit or from any negligence or fault of said
applicant, their servants or agents in connection with any of the
work done under or in connection with said permit.
(3)
Fee. No permit shall be issued until the applicant therefor shall
have first paid to the City Clerk in cash or by check payable to the
City a fee of $15 for residential or $25 for commercial. No fee shall
be charged for sidewalk permits.
D.
Display of permit. The permit must be in possession of the parties
actually doing the work.
E.
Revocability of permit. The Superintendent shall have the right to
revoke or cancel a permit at any time should the permittee fail to
comply with any of the terms, agreements, covenants and conditions
thereof.
F.
Transferability of permit. A permit shall not be assigned or transferred
except upon the prior written consent of the Superintendent.
G.
Time to perform work.
(1)
Work must be started within 30 days after issuance thereof, and the
permit shall become void at the end of the calendar year in which
the permit is issued or at such earlier date as may be determined
by the Superintendent in granting the permit.
(2)
In the event that a property owner is given notice pursuant to § 245-6 and said property owner does not comply or refuses to comply with such notice within 30 days of receipt of such notice, the Superintendent of Public Works shall have the power to properly construct, reconstruct, maintain or repair such sidewalk deemed by the Superintendent to be a hazard or injurious to the general public, and the expense thereof shall be assessed and collected in the same manner as prescribed in §§ 245-7 and 245-8 of this chapter.
H.
Performance to comply with all regulations. All work performed under
any permit issued pursuant to this chapter shall be performed at the
permittee's expense and in accordance with the provisions of the City
Charter, the Code of the City of Cortland, rules and regulations and
specifications applicable thereto and to the satisfaction of the Superintendent.
I.
Expenses incurred by the City to be borne by permittee.
(1)
Generally. Any expenses that may be incurred by the City in connection
with work to be done under the provisions of a permit or in the enforcement
of the provisions of this chapter shall be paid by the permittee within
10 days after the Superintendent shall have sent the permittee a statement
of such expenses as certified by said Superintendent.
(2)
Inspections and other expenses. Said permittee shall be billed by
the City for any inspection and other expense incurred by the City
by reason of any failure or default on the part of said permittee
as determined and certified by the Superintendent, and such bill shall
be paid within 30 days after the same shall have been billed by the
City.
J.
Standards and specifications of materials generally; tests.
(1)
Conformity required. All materials used or incorporated in any work
done under the provisions of this chapter shall conform to such specifications
promulgated by the Board.
(2)
Tests. Materials shall, at the discretion of the Superintendent,
be submitted to such tests as may, in their opinion, be necessary
to determine their quality and acceptability. Such tests may be made
in any laboratory designated by the Superintendent, and the City shall
be reimbursed by the permittee for any expense incurred by said City
on account of such tests.
K.
Cleaning up site of work.
(1)
Debris. The permittee shall clean up and remove from the site of
the work, upon completion thereof, all surplus excavated material
and debris, and shall leave the site of the work in a neat and orderly
condition within one week.
(2)
Restoration of ground surface. Where topsoil, seeded areas or sod
is disturbed in the course of the work, the permittee shall restore
the ground surfaces to a condition as good as they were previous to
the work.
[Added 2-4-1986]
A.
Duty to construct and maintain sidewalks. Upon notice from the Board
of Public Works, it shall be the duty of the owner of any property
to properly construct and maintain a sidewalk in or abutting their
property. However, no person shall proceed with the construction,
reconstruction, maintenance or repair of any sidewalk without obtaining
a sidewalk permit from the Superintendent or their authorized agents
and a sidewalk survey request from the office of the City Superintendent.
The City Superintendent shall supply line and grade and the specifications
for the work to be performed.
B.
Conformance with specifications. Sidewalks and driveways shall be
constructed, removed, replaced or repaired in accordance with such
grades and specifications as may be determined or promulgated by the
Board of Public Works, and the permittee shall so perform the work
as to meet the grade and alignment of the adjoining sidewalk and driveway
and/or such established line and grade as may be determined by the
Board, and in accordance with the latter's directions.
C.
Indemnification of City.
(1)
Agreement required. No person shall make or cause to be made an opening
in a curb for the purpose of constructing a private driveway or construct
such private driveway on City property without first filing an agreement
indemnifying the City from any cost or damage by reason of such work
and agreeing that such work shall be performed in conformity with
the requirements of the Board of Public Works with reference thereto.
(2)
Form of street permit agreement. The agreement required in Subsection C(1) shall be in the following form:
|
AGREEMENT
| |
|
IN CONSIDERATION of the City of Cortland granting the undersigned
a sidewalk permit at a fee of $ ____ for the temporary use or occupancy
of City property for the purpose of
| |
|
| |
|
| |
|
at No.
| |
|
Owned by
| |
|
IT IS UNDERSTOOD AND AGREED that this permit is granted upon
the following terms:
| |
|
1.
|
The permit holder undersigned hereby covenants and agrees to
save the City of Cortland harmless from all costs and damages by reason
of the work done under this permit, to keep all obstructions and excavations
upon City property fully and properly guarded, lighted and protected
at all times, and to replace all material removed in a workmanlike
manner as directed by the Board of Public Works or its authorized
agent, and to maintain all such work in a safe and proper condition
for a period of three years.
|
|
2.
|
Twelve hours prior to backfilling an excavation the permit holder
shall notify the Street and Sidewalk Maintenance Supervisor in order
to permit inspection.
|
|
3.
|
If the proposed work involved the construction of a driveway,
the undersigned further agrees that the same shall be constructed
in all respects in conformity with the requirements of the Board of
Public Works relating thereto and shall be maintained at all times
in a safe condition. In the event that construction shall not fully
conform with such requirements, said driveway shall be reconstructed
in conformity therewith at the expense of the undersigned and, upon
their default may be reconstructed by the City at the expense of the
undersigned.
|
|
4.
|
If the proposed work involves the construction or renewal of
a sidewalk extending over all or a major portion of the frontage of
the property involved this work must be done to the alignment and
to the grade established by the City Superintendent.
|
|
5.
|
No more than half the width of a street between curbs can be
opened at one time under this permit. At least half the street must
be clear at all times.
|
|
Date
|
Signed
By
|
|
Witnessed and
Executed by
Paid
Charged
|
Approved
No. of Permit Issued
|
D.
General requirements.[2]
(1)
Material. Sidewalks are to be built of concrete, meeting and material
specifications prescribed by the City Board of Public Works.
(2)
Line, grade, course. No walk may be constructed except to a line
and grade given by a sidewalk survey by the City Superintendent. Application
for a survey must be made at the City Superintendent's office 24 hours
before the builder desires to start work. There shall be no fee charged
for a sidewalk survey. All sidewalks shall be of one course construction
and of a minimum width of five feet, except where variances from this
width are either specifically permitted or required by the Superintendent.
(3)
Conformity. All sidewalks must conform to the specifications prescribed
by the City Board of Public Works and all streets and driveways must
conform to the standard adopted by the City, unless special permission
is otherwise given by the Board of Public Works.
(4)
Connect. It shall be the duty of the contractor or the owner of the
premises upon which a sidewalk is being constructed to leave connections
with adjoining walks in a safe and good appearing condition. Should
the walk constructed be to a higher or lower grade than the adjoining
walks, the sidewalk builder shall be required to eliminate the step
by raising or lowering the end-block of the sidewalk on adjoining
premises.
[2]
Editor's Note: See City Superintendent Specifications for
concrete sidewalks, on file in the City offices.
E.
Requirements for concrete driveways.
(1)
General. A standard driveway apron shall be constructed in compliance
with a plan and profile of driveway and sidewalk on file in the office
of the City Superintendent.
(2)
Depressed curb for driveway entrance. Upon prior written approval
of the Superintendent and subject to the provisions hereof, existing
curbs may be cut or lowered as provided herein, for the purpose of
providing driveway entrances or exits. Stone curbs shall not be cut,
but shall be lowered in an acceptable manner. Concrete curbs may be
cut if so authorized by the Superintendent, provided that such cutting
can be done in a good, workmanlike and satisfactory manner.
(3)
Ramp. The cutting or lowering of existing curbs or the construction
of new depressed curbs for the purpose of providing driveway entrances
or exits will not be allowed unless the permittee shall provide and
install, in each such case, an adequate driveway ramp or apron between
said curb and the abutting property line and extending over the entire
width of the existing or proposed driveway. Said driveway ramp or
apron shall be surfaced with asphalt or portland cement six inches
in thickness and of satisfactory workmanship and construction.
F.
Protection of pedestrian and vehicular traffic. Pedestrian and vehicular
traffic shall be protected by the permittee by means of suitable barricades
and warning lights around the work, and the work is to be so arranged
as to cause a minimum of inconvenience and hazard to such pedestrian
and vehicular traffic.
G.
Pouring of concrete. Permits will not be issued during the period
from October 1 to May 1 except at the discretion of the City Superintendent.
[1]
Editor's Note: Original Sec. 15-3, regarding display of goods
on sidewalks, which appeared here, was repealed 4-6-1971 by Ord. No.
1971-8.
[Amended 2-17-1981 by Ord. No. 1981-1; 12-15-1987; 8-7-2018 by L.L. No. 6-2018]
A.
It shall be the duty and responsibility of the owner of any lot fronting
upon any public street, alley, park or place within the City to maintain
the entire width of the sidewalk in front of the premises and street
crossing access on corner lots free and clear from snow, ice and other
obstructions including but not limited to cracks, uneven slabs or
tree roots.
B.
In the event of snow, ice or other obstruction, such removal shall
be completed by 6:00 p.m. the following day. In the event of a continuous
long-term snowfall or blowing and drifting of snow, removal shall
occur on a minimum of twenty-four-hour intervals. A sidewalk deemed
by the Superintendent to be a hazard or injurious to the general public,
and the expense thereof shall be assessed and collected in the same
manner as described above.
C.
In the event of cracks, uneven cracks, or tree roots such removal
and/or replacement shall be removed within 30 days or upon such reasonable
schedule as the Superintendent may approve.
[Amended 2-3-1970 by Ord. No. 1970-5; 3-3-1970 by Ord. No.
1970-8; 2-17-1981 by Ord. No. 1981-1; 12-15-1987; 8-7-2018 by L.L. No. 6-2018]
A.
Authority. Upon the failure of an owner or occupant of property to
remove snow, ice and obstructions including but not limited to cracks,
uneven slabs or tree roots as prescribed in § 247-7, the
Superintendent of Public Works shall have the power to remove the
same and charge the cost thereof to the owner of said property. Such
charge shall be in addition to any penalties for violation.
B.
Collection of cost. Thereupon, the Department of Administration and
Finance shall mail a statement to said owner or occupant to pay such
cost, plus an administrative fee of $25, which shall become due and
payable within 30 days from the mailing thereof. If such cost is not
paid within such time, interest shall be charged thereon at the same
rate as delinquent property taxes, per annum, and, if such cost with
interest and administrative fee is not paid by December 31 of the
year in which it is incurred, such cost and interest shall be added
to the real property City tax rolls chargeable to said property and
shall be collected in the same manner as any unpaid real property
City tax.
[Amended 12-15-1987]
A.
The Code Enforcement Officer inspecting and reporting violations of § 245-7 of this article shall send notice of the violation to the owner on record per the Assessor's files, at the address as on record per the Assessor's files, by registered or certified mail service. Within five days from receipt of such notice, the owner may pay or cause to be paid to the City of Cortland, through the Code Enforcement Office, as a penalty for and in full satisfaction of such violation the monetary sum as indicated by the appropriate checked box on the same line thereto. Such penalty shall be in addition to the cost of removal and administrative fee. The failure of the owner to make such payment shall render the owner subject to the penalties as provided in 245-10 of this article.
B.
The following penalties shall be in addition to the cost of removal and administrative fee described in § 245-8 of this article. Any person(s) violating § 245-7 of this article shall be guilty of a violation of the Code of the City of Cortland and, upon conviction, shall be punished by the fine prescribed herein:
|
Offense
|
Fine
|
|---|---|
|
1st offense in 24-month period
|
$25
|
|
2nd offense in 24-month period
|
$25
|
|
3rd offense in 24-month period
|
$75
|
|
4th offense in 24-month period
|
$125
|
|
Any subsequent offense in 24-month period
|
$250
|
[Amended 2-17-1981 by Ord. No. 1981-1; 12-15-1987; 5-4-2010 by Res. No.
101-2010]
Except as otherwise expressly provided in this article, any
person violating any provision of this article shall be guilty of
a violation of the Code of the City of Cortland and, upon conviction,
shall be punished by a fine not exceeding $300 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
