The Police Chief, Fire Chief, City Engineer
and Health Officer shall administer and enforce the provisions of
this chapter.
[Amended 5-10-2016 by Ord. No. 5-2016]
Where the violation or condition existing on the premises is
of a nature as to constitute an imminent danger to health or safety
of persons and/or occupants upon said property or to the public at
large unless abated without delay, the Enforcement Officer may order
the owner, operator or occupant to correct the violation or condition
within the period of time consistent with the hazard involved and
with the measures necessary to remove the hazard; and upon the failure
of the owner, operator or occupant to correct said condition, the
Enforcement Officer may abate said condition immediately thereafter.
[Amended 12-23-1986 by Ord. No 87-09; 4-25-1995 by L.L. No. 4-1995; 8-23-2005 by Ord. No.
5-2005; 9-25-2012 by Res. No. 96-2012; 6-26-2018 by Ord. No. 12-2018]
Unless otherwise specified in the wording of a particular section
hereof, upon conviction of any violation of the provisions of this
chapter, a fine of not less than $50 and not more than $250 and/or
incarceration for a maximum of 15 days shall be imposed for each offense,
and each day that such violation continues shall constitute a separate
offense. In the event that any fine remains unpaid after the court-determined
due date, or in the event that any assessment of remediation cost
and/or mobilization fee remains unpaid after 30 days from billing,
the City may pursue any one or more of the following:
A. The amount may be assessed against the property by the Commissioner
of Finance and become a lien thereon, collectible in the same manner
as City property taxes.
B. The City may apply to the court to convert the unpaid amount to civil
judgement and file the same with the county clerk.
C. The City may request a warrant of arrest and apply to the court to
impose an appropriate period of incarceration.
All permits are issued by the Gloversville City
Clerk on forms provided by him with the approval of the City Engineer
and under additional requirements as follows:
A. Encroachment permit.
(1) The applicant must specify on the application the
location and type of encroachment and the length of time the encroachment
will exist. However, no permit will be issued for a period greater
than one year.
[Amended 4-25-1995 by L.L. No. 4-1995]
(2) The applicant must show proof of insurance for the
time period specified on the application in the following amounts:
$1,000,000 public liability/ general aggregate and $500,000 minimum
combined single limit for bodily injury and property damage. The City
of Gloversville shall be named an additional insured or equivalent
thereof.
[Amended 4-25-1995 by L.L. No. 4-1995]
B. Encumbrance permit.
(1) The applicant must specify on the application the
location and type of encumbrance and the length of time the encumbrance
will exist. Permits will be issued for a calendar year.
(2) All encumbrances shall be located as close to the
face of the building as possible. However, no encumbrance shall impede
fire access, and no encumbrance shall be located closer than three
feet to the curb face.
(3) The applicant must show proof of insurance for the
time period specified on the application in the following amounts:
$1,000,000 public liability/general aggregate and $500,000 minimum
combined single limit for bodily injury and property damage. The City
of Gloversville shall be named an additional insured or equivalent
thereof.
[Amended 4-25-1995 by L.L. No. 4-1995]
C. Snowplow permit.
(1) The applicant must specify on the application a description
of the vehicle for which a permit is desired.
(2) The applicant must show proof that the vehicle is
licensed to operate on public streets and is insured as required by
the laws of the State of New York.
(3) Permits shall not be issued for a period greater than
nine months.
D. Tree permits. Any person or organization wishing to plant or remove a tree on public property or adjacent to any public right-of-way, including the terrace, must complete a tree permit application that is subject to approval by the Tree Commission and must adhere to all requirements listed in Chapter
211 of the Gloversville City Code.
[Amended 4-25-1995 by L.L. No. 4-1995; 5-24-2022 by Ord. No. 11-2022; 5-24-2022 by Ord. No. 12-2022]
(1) The
applicant must specify on the application the following information:
(a) Property owner name, address, phone number, email address.
(b) Location(s) of planting/removal.
(c) Species of tree being planted.
(d) Approximate width of terrace (if applicable).
(e) Rough diagram of lot to approximate scale showing location(s) of
tree(s).
(f) Information on any overhead obstructions.
(g) UDIG NY approval letter/email must be submitted along with application.
(h) Any follow-up information as requested by the Tree Commission.
(2) The
species of tree will be subject to the approval of the Tree Commission
based on location and specific species attributes.
(3) In the case of removal permits, the applicant must show proof of insurance as specified in Chapter
211 of the Gloversville City Code.
E. Sidewalk/driveway/curb permit. A permit shall be required for the installation and/or replacement of all driveways, sidewalks, and curbs. Permit applications are available on the website for the City of Gloversville and at the office of the Department of Public Works. The requirements regarding authorized materials for construction, specifications relating thereto, and inspections relating thereto are codified at §
250-3 of the Gloversville City Code. The fee for the sidewalk/driveway/curb permit fee referenced in Subsection
G herein must be prepaid at the Office of the City Clerk.
[Added 7-28-2020 by Ord.
No. 06-2020]
F. The issuance of any permit must also be approved by
the City Attorney with regard to issuance of satisfactory insurance
covering public liability, property damage, workers' compensation,
automobile liability or any other insurance that may be required by
statute or law.
G. Permit fees.
(1) The following permit fees shall be prepaid at the
office of the City Clerk:
[Amended 12-18-1990 by Ord. No. 90-27; 4-25-1995 by L.L. No. 4-1995; 7-28-2020 by Ord. No. 06-2020]
(a)
Encroachment permit: $15. Renewal of encroachment
permit: $10.
(b)
Encumbrance permit: $15. Renewal of encumberance
permit: $10.
(e) Sidewalk/driveway/curb permit: $30.
(2) The Gloversville Common Council shall from time to
time, at intervals of not less than three years, review and make necessary
changes to the above schedule of fees.
H. Suspension of permits. Permits may be suspended for
a period of not to exceed more than 10 days after a hearing before
the Mayor.
I. Revocation of permits. Permits may be revoked after
a hearing before the Board of Appeals.
J. Nothing in this section can be construed to prevent
the Enforcement Officer from abating or ordering the abatement of
a violation.
This chapter shall not be construed to relieve
from or lessen the responsibility of any person, firm or corporation
for loss of life or damage to person or property caused by any defect
therein or caused by an act of said person, firm or corporation, nor
shall the City of Gloversville be deemed to have assumed any such
liability by reason of issuing any licenses, certificates, permits
or any inspections made pursuant to this chapter.
No officer, agent or employee of the City of
Gloversville shall render himself personally liable for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this chapter. Any
suit brought against any officer, agent or employee of the City of
Gloversville as a result of any act required or permitted in the discharge
of his duties under this chapter shall be defended by the City Attorney
until the final determination of the proceedings therein, and any
judgment against any such person shall be paid by the City of Gloversville.