[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.
[Adopted 8-5-1969 as Ch. 15, Art. I, of the 1969 Code of Ordinances]
[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.