[Ord. No. 6, § 1, 3-30-1931]
Unless acting under a contract with the Village, it shall be
unlawful for any person as principal, agent or otherwise, other than
a duly authorized Village official or employee in the course of his
employment, to place, store or leave or cause or permit to be placed,
stored or left, except for immediate transfer of the same to the premises
fronting on the portion of the street, sidewalk, alley or public place
so occupied, any building material, construction apparatus, boxes,
refuse or other material of any kind or to erect, maintain or leave
or cause or permit to be erected, maintained or left any fence, platform,
staging, booth or other obstruction of any kind, or to mix or cause
or permit to be mixed any cement, mortar or other thing in any street,
alley, sidewalk or other place, or to move any building through or
across any street, alley, sidewalk or other public place in the Village
without first having obtained and paid for, and having in force and
effect a permit therefor as provided in this Article.
[Ord. No. 6, § 2, 3-30-1931; L.L.
No. 10-1992, § 1]
(a)
Any person desiring to procure a permit as provided in this Article
shall file with the Building Inspector, at least 24 hours before the
time he requires a permit, a written application upon a blank form
prepared and provided by the Village.
(b)
Such application shall state the name and business or residence address
of the applicant, the name of the street, alley, sidewalk or public
place in which and the location thereon where he desires to store,
keep or leave any material or obstruction, the street frontage or
surface he desires to occupy, the name and business or residence address
of the person for whose benefit the work is being done and the time
during which he desires to use the street, alley, sidewalk or public
place.
(c)
When required by the Building Inspector, the application shall be
accompanied by a drawing showing the dimensions of sidewalk, curbs,
width of pavement, location of trees, railway tracks, fire hydrants,
catch basins, crosswalks, total width of street or alley and amount
of space which the applicant proposes to occupy.
(d)
The application shall be signed by the applicant.
(e)
No permit shall be granted until the applicant shall have agreed
in writing to indemnify the Village for any and all claims for damage
resulting from such occupancy and, when the Building Inspector shall
deem it necessary, shall have furnished a suitable bond therefor.
[Ord. No. 6, § 3, 3-30-1931; L.L.
No. 10-1992, § 2]
(a)
The Building Inspector, upon the filing of the application and bond
and the payment of the fee and deposit provided in this Article, may
in his discretion issue a permit, which shall state the name and address
of the applicant, the date of granting and expiration of the permit,
the place and amount of space to be occupied.
(b)
No permit shall be granted unless in the opinion of the Building
Inspector it is impracticable, because of the size, location or condition
of the lot on which the construction or wrecking work is to be done,
to place the building material or equipment thereon.
(c)
All permits shall be consecutively numbered and shall be made in
duplicate, one copy to be given to the applicant and one copy to remain
on file in the office of the Building Inspector.
(d)
Such permit at all times shall be in the possession of a competent
person actually on the work and shall be shown upon demand by any
police officer or properly authorized officer or employee of the Village.
(e)
A permit shall not be granted for a longer period than four months
but may be renewed from time to time for periods not exceeding four
months.
(f)
The amount of space allowed shall be within the discretion of the
Building Inspector.
[Ord. No. 6, § 4, 3-30-1931; L.L.
No. 10-1992, § 3]
(a)
The fee for a permit shall be $25 for the first day or any part thereof
of the duration of said street obstruction and $10 for each additional
day or any part thereof. Said permit fee shall be initially based
upon the applicant's estimate, as confirmed by the Building Inspector,
of the duration of the street obstruction, and the final fee shall
be subject to adjustment upon removal of the street obstruction. No
certificate of occupancy, compliance, completion or like approval
in connection with the work relating to said street obstruction shall
be issued by the Building Inspector until after the removal of said
street obstruction and until the street obstruction permit fee has
been paid in full.
(b)
Before such permit shall be granted, an estimate of the cost, if
any, of restoring such street, alley, sidewalk or other public place
to a condition equally as good as before it shall have been obstructed,
with a fair additional margin for contingent damages, shall be made
by the Building Inspector. Such estimate shall in no case by less
than $25 and a deposit shall be required of the applicant. Such deposit,
less the amount of the permit fee, shall be returned upon the satisfactory
restoration of such street, alley, sidewalk or other public place.
When the Building Inspector shall receive satisfactory proof that
such restoration has been made, he shall thereupon return the amount
of money thus deposited, less the deduction herein provided. If the
person thus obstructing such street, alley, sidewalk or other public
place shall fail to satisfactorily restore the same within three days
from and after the expiration or revocation of the permit, then the
Village shall have the right to use such portion of such deposit,
as may be necessary, to remove the obstruction and to restore the
street alley, sidewalk or other public place to a condition equally
as good as it was before it was obstructed, and the amount thus expended,
plus the permit fee shall be deducted from the amount of such deposit;
provided, however, that nothing herein contained shall preclude the
Village from maintaining an action against the person to whom the
permit is issued to recover for damages done to any street, alley,
sidewalk or other public place.
[Ord. No. 6, § 5, 3-30-1931; L.L.
No. 10-1992; § 3]
The Building Inspector may, at any time after notice to the
permittee, revoke any permit when, in his opinion, the privileges
of the permit have been abused, any of the provisions or requirements
of this Article have been violated, any construction or repair work
or wrecking is so far advanced as to render any further occupancy
of the street unnecessary or when the permittee does not promptly
begin to do the work, abandons it for any reason or does not prosecute
it with reasonable diligence.
[Ord. No. 6, § 6, 3-30-1931; L.L.
No. 10-1992; § 3]
The extent of occupation of streets, alleys, sidewalks or other
public places to be covered by the terms of a permit shall be as follows:
(1)
Such permit shall not authorize the occupancy of any street, alley,
sidewalk or other public place or part thereof other than that immediately
in front or at the side of and adjoining the lot or lots upon which
any building is or is to be located and in relation to which such
permit is issued; provided, however, that if the written consent of
and a waiver of claims for damages against the Village by the owner
and lessee, if any, of properties adjoining the site of any proposed
building is first obtained and filed with the Building Inspector,
the permission to occupy the roadway and sidewalk may be extended
beyond the limits of such building in front of the property for which
the consent of the owner and lessee or lessees thereof has been procured
upon the same terms and conditions as those herein fixed for the occupation
of the street, alley, sidewalk or other public place in front of and
adjoining the building site.
(2)
During the progress of building or wrecking operations, a sidewalk
not less than four feet in width shall be at all times kept open and
unobstructed for the purpose of passage in front of or adjoining such
lot or lots. Such sidewalk shall, if there are excavations on either
side of the same, be protected by substantial railings, which shall
be built and maintained thereon as long as excavations continue to
exist.
[Ord. No. 6, § 7, 3-30-1931; L.L.
No. 10-1992; § 3]
(a)
The occupation of a street or alley for storage of building materials
for any one building or for temporary sidewalk shall never exceed
1/3 of the width of the roadway, provided that the Building Inspector
may limit or entirely restrict the storage of materials on any street
or alley or other public place where tunnels, sewers, conduits or
other underground passageways are located.
(b)
No materials shall be piled higher than four feet within 25 feet
of the intersection of the curblines at street corners.
[Ord. No. 6, § 8, 3-30-1931]
(a)
Earth taken from excavations, other than sand or gravel to be used
in the construction of buildings, and rubbish taken from buildings
shall not be stored either upon the sidewalk, alley, street or other
public place and shall be removed therefrom from day to day as rapidly
as produced.
(b)
When dry rubbish is being handled, it shall be kept wetted down to
prevent it being blown about by the wind.
(c)
Building rubbish and useless material accumulation on the upper floors
shall be lowered in receptacles by elevators or by closed chutes directly
into vehicles; chutes over public property shall extend clear to the
curbline.
[Ord. No. 6, § 9, 3-30-1931]
(a)
Materials, fences, sheds or other obstructions shall not be placed
within two feet of any trees, and all trees and shrubs or shrubbery
shall be amply protected against injury or disfigurement by suitable
boxes or other protective devices and in a manner satisfactory to
the Village Clerk; nor within four feet of any lamppost, electrical
conduit, manhole, fire alarm box, fire cistern, catch basin or valve
chamber; nor within 10 feet of a fire hydrant or street intersection.
(b)
All gutters shall be kept free and clear at all times of stored materials
and of an accumulation of water, mud and refuse.
[Ord. No. 6, § 10, 3-30-1931]
If lime, cement or other mortar and concrete is prepared or
stored upon any surface of any paved street, alley or other public
place within the space designated to be occupied by building materials,
it shall be upon a light bed of tongued and grooved boards placed
upon two-inch bearers or sleepers, leaving an air space below and
properly protected so as to prevent any splashing or dripping.
[Ord. No. 6, § 11, 3-30-1931]
(a)
Lighted red glass globed lanterns shall be displayed and maintained
during the whole of every night whenever fences or sheds are built,
excavations are made or materials or other obstructions are left or
stored in any street, alley, sidewalk or other public place as follows:
one red light to be securely and conspicuously posted on or near such
excavation or obstruction, provided that such obstruction does not
extend more than 10 feet in length; and if over 10 feet and less than
50 feet, two red lights, one at each end, shall be so placed and one
additional light for each additional 50 feet or fraction thereof.
(b)
Whoever shall remove or interfere in any way with any such lantern
or other danger signal or any such barriers shall be guilty of a violation
of this section.
[Ord. No. 6, § 12, 3-30-1931]
(a)
During the excavation for and erection of the external walls of any
building, except as provided for hereafter, within five feet of any
street line the owner or his agent in charge thereof shall cause the
part of such building site, fronting on such street, to be enclosed
by a fence located not less than seven feet from the building line
and not more than eight feet nor less than five feet high.
(b)
Such fence shall be erected before the excavating is commenced.
(c)
Where buildings to be erected or altered front on business thoroughfares
and in congested districts, the Village Clerk may require sidewalk
traffic to be maintained without interruption by means of elevated
and covered sidewalks as prescribed in this Article.
[Ord. No. 6, § 13, 3-30-1931]
(a)
If any enclosing fence shall prevent passage on the sidewalk, the
owner, through his agent in charge thereof, shall cause to be laid
and maintained, in good repair and free of rubbish, dirt and snow,
a temporary plank sidewalk around the same, not less than 1/3 the
width of the sidewalk, but never less than four feet wide.
(b)
Whenever there is no vault to be built under the sidewalk, the fence
and walk provided in this section shall be kept within the curbline.
(c)
When a sidewalk vault is permitted, the fence may be placed on the
curbline with temporary walk on the outside and there maintained until
the basement and sidewalk area walls are brought up to the level of
the first floor.
(d)
No wall of any building having a sidewalk vault attached thereto
shall be carried above the first story level until vault retaining
walls are brought to the grade and covered over temporarily or permanently
with fences and walks set back within the curbline as herein provided.
[Ord. No. 6, § 14, 3-30-1931]
(a)
Temporary sidewalks shall not be elevated to a greater height than
four feet above the curbline of the street. Any such elevated sidewalks
shall be provided with safe and substantial steps on both ends thereof
and railings on the sides thereof. If a building is more than one
story high and is set at or near the street line, there shall be built
over the sidewalk a watertight roof having a framework covered by
two layers of two-inch plank. Such roof shall not be less than 10
feet above any walk and extend to the curb and be maintained as long
as material is being used or handled on such street front above the
level of such sidewalk.
(b)
Temporary enclosures of shop fronts, during their construction or
repair, may extend over the street line seven feet for their entire
height, subject to all regulations prescribed in this article for
temporary fences.
[Ord. No. 6, § 15, 3-30-1931]
No building materials shall be worked, such as cleaning brick
or dressing stone, lumber or other material, in any street, alley,
sidewalk or other public place.
[Ord. No. 6, § 16, 3-30-1931]
(a)
For all buildings more than two stories in height, the use of elevators
or derricks set upon sidewalks is prohibited.
(b)
On no condition shall derrick posts be allowed to be set in the roadway
of any street, alley, sidewalk or other public place and in no case
shall the guy lines be less than 15 feet above the roadway.
[Ord. No. 6, § 18, 3-30-1931; L.L.
No. 10-1992; § 3]
Whenever any materials, construction apparatus or other obstructions
are placed, stored or left in or upon any street, alley, sidewalk
or other public place without a permit, the Building Inspector, Department
of Public Works or Police Department shall forthwith cause the same
to be taken up and removed.
[Ord. No. 6, § 19, 3-30-1931]
Any person who himself or itself or by his or its agent or employee shall violate any of the provisions of this Article or conditions of the permit issued or who, his permit having been revoked, shall continue such obstruction shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so violating shall be a disorderly person.
