The Police Chief, Fire Chief, City Engineer and Health Officer shall administer and enforce the provisions of this chapter.
[1]
Editor's Note: Former § 212-31, Inspections, was repealed 6-26-2018 by Ord. No. 12-2018.
A. 
If the provisions of this chapter are violated, the Enforcement Officer may serve or cause to be served written notice upon the owner, operator, occupant or persons having charge of such premises to comply with the provisions of this chapter. The notice shall specify the location of violation, a description of the violation and a time limit to correct the violation. In cases where it reasonably appears that there is immediate danger to the life and safety of any person unless a violation is abated immediately, no written notice is required, and the Enforcement Officer shall cause the immediate abatement of the violation. Nothing in this section shall be construed to waive any permit which may be required.
B. 
Five days are to be allowed to affirmatively respond to the above notice before further action is to be taken by the Enforcement Officer.
[Added 12-23-1986 by Ord. No. 87-09; amended 6-24-1997 by Ord. No. 08-97]
C. 
Any owner or occupant notified in writing of a violation of this chapter shall not be renotified for a period of one year, but may be automatically ticketed for a repeated offense.
[Added 8-22-1989 by Ord. No. 89-4]
[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.
A. 
Where abatement of any nuisance, as defined herein, or correction of a defect on the premises or the maintenance of the premises in a proper condition to conform to applicable ordinances of the City of Gloversville or the laws of the State of New York require expenditures of the City of Gloversville's moneys therefor, either by supplying of labor by City employees, the furnishing of material by the City or the hiring of outside contractors, the Enforcement Officer shall present a report of the work accomplished to the Common Council of the City of Gloversville, along with a summary of the proceedings undertaken to secure compliance, including notice served upon the owner, operators, occupants or their agents as the case may be, by telephone, telegraph, etc. The Common Council shall then approve the expenditures made and assess the same against the premises, collectible as provided by law. A copy of the resolution approving said expenses shall be certified by the City Clerk, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner.
B. 
Expenses for work done by employees of the City of Gloversville shall be the cost of the removal together with an additional charge of $10 or 10%, whichever is greater, therefor for supervision and administration.
[Added 12-23-1986 by Ord. No. 87-09; amended 6-24-1997 by Ord. No. 08-97]
[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[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections E through I as Subsections F through J, respectively.
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.
(c) 
Snowplow permit: $25.
(d) 
Tree 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.
[1]
Editor’s Note: Former § 212-37, Board of Appeals, was repealed 8-24-2010 by L.L. No. 4-2011; see now Ch. 300, § 300-59.
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.