[Code 1971, § 26-1]
It shall be unlawful for any person in any manner to block or
impede the free and unobstructed passage of persons upon the sidewalks
of the City, either by hawking and crying goods and merchandise, attracting
a crowd, or otherwise.
[Code 1971, § 26-2]
Any railroad company raising or lowering its rails above or
below the established grade of the City streets must first receive
the consent of the common council.
[Code 1971, § 26-3]
Every stairway in any of the streets of the City leading to
a basement shall be protected by an iron gate at the top of the stairway
at least 30 inches in height. Such gate shall be kept closed and fastened
at all times when the rooms to which the stairway leads are not in
actual use.
The owners of property abutting subways shall maintain the portion of the subway abutting their property. "Subway," as used in this chapter shall have the same meaning as provided in section 1-2.
[Code 1971, § 26-4; Res. No. 52-92, 4-14-1992;
Res. No. 20-92, 2-23-1993; Res. No. 140-03; 3-9-2004; Res. No. 14-04,
3-9-2004; Res. No. 22-04, 4-13-2004; Res. No. 53-07, 7-24-2007]
(a)
The purpose of section shall be to preserve the public peace and
good order in the City, and to contribute to the public welfare, safety
and good order of its people and to contribute to the safe conveyance
of its people over the streets and sidewalks of the City by establishing
certain regulations for the removal of snow and ice from the streets
and sidewalks of the City that are consistent with the rights and
privileges of other residents of the City.
(b)
It shall be the duty of the owner and occupant, jointly, of every
parcel of real estate adjoining a public sidewalk, whether the parcel
of real estate is occupied by a structure or not, to keep such sidewalks
adjoining such property free from snow and ice for the full paved
width of such sidewalk.
[Amended 2-14-2017 by Res. No. 02-17]
(1)
For those parcels of real estate located in General Commercial and
City Center zoning districts where the paved sidewalk extends across
the full width of the subway to the street, it shall be the duty of
the owner and occupant, jointly, to maintain a passage free from snow
and ice of a width of no less than eight feet.
(2)
For those parcels of real estate located in all other zoning districts
where the paved sidewalk extends across the full width of the subway
to the street, it shall be the duty of the owner and occupant, jointly,
to maintain a passage free from snow and ice of a width of no less
than four feet.
(c)
Every owner and occupant, jointly, of lands, premises or buildings
fronting on any street or public place within the City shall clear
and remove from the sidewalk along any such lands, premises or buildings
all snow and ice which may at any time be thereon. At no time shall
any portion of any such walk be permitted to be or remain in an icy
or slippery condition.
(d)
Snow and ice shall be removed within 24 hours after the end of a
snowfall. In addition, sidewalks in front of commercial establishments
and commercial parking lots shall be kept free of snow and ice at
all times between the hours of 9:00 a.m. and 5:00 p.m.
(e)
It shall be unlawful for any person to use or cause to be used the
public street or any sidewalk for the deposit, piling or placement
of plowed or shoveled snow. Every owner and occupant, jointly, of
any lands, premises or buildings fronting upon any street or public
place in the City shall, upon notification of the Code Enforcement
Department, be required to immediately remove any snow placed or piled
contrary to this provision.
(f)
It shall be unlawful for any person to deposit, pile or place, or
cause to be deposited, piled or placed on any corner lot, plowed or
shoveled snow piles greater than 2 1/2 feet in height vertically
measured from the sidewalk grade with the triangular area formed by
the intersecting street lines and a straight line joining such street
lines at points which are 35 feet distant from the point of intersection,
measured along said street.
(g)
It shall be unlawful for any person to deposit, pile or place, or
cause to be deposited, piled or placed, plowed or shoveled snow or
to blow, or cause to be blown, snow so as to cover or obstruct accessibility
to fire hydrants.
(h)
Nothing contained herein shall prohibit any person from utilizing
the streets, subways, sidewalks or rights-of-way of the City for temporary
deposit, piling or placement of snow in connection with a snow removal
project actually underway.
(i)
Removal by City. Whenever the owner or occupant of a parcel of real
estate adjoining a public sidewalk fails to remove the snow and ice
from such sidewalk adjoining such property within the time specified
in this section or within four hours after notice by the City Code
Enforcement Office or Director of Public Works to remove same, the
snow and ice shall be removed by the City of Olean from such sidewalk
and the City Clerk shall be notified of the expense incurred by the
amount of labor, equipment and materials used. The charge shall be
not less than a minimum of $50 or such greater amount equivalent to
actual costs and expenses incurred by the City. There shall be an
administrative fee of a minimum of $50 and not to exceed $250 above
all other fines, fees, expenses and charges to cover any costs the
City incurred.
[Res. No. 33-13, 5-28-2013]
(j)
Collection of the costs for removal by the City. The City Clerk shall
promptly present to the owner and occupant of each parcel a bill for
the removal of snow and ice as certified by the Code Enforcement Office
or Director of Public Works. If not paid within 30 days, the cost
thereof shall be assessed against the property, added to their tax
bill and become a lien thereon, collectible in the same manner as
delinquent City taxes.
(k)
Notwithstanding anything contained herein, any property owner who
shall permit snow or ice so as to accumulate and remain upon any sidewalk
adjacent to or abutting on any lot or premises owned by him or her,
in the City of Olean, shall be liable to any party for injuries sustained
as a result thereof.
[Code 1971, § 26-5]
It shall be unlawful for any person to use any part of a public
street, sidewalk, subway, or public grounds in the City for the deposit
of any building, paving, sewer, or other materials, except for immediate
transfer of such materials to the premises adjoining the portion of
such street, sidewalk, subway, or public grounds so occupied. No such
substance shall be allowed to remain upon such street, sidewalk, subway,
or grounds longer than until 6:00 p.m. of the same day. The director
of public works may, however, permit any owner of the premises or
the contractor for work thereupon to use the sidewalk and subway and
not more than one-third of the street adjoining any premises for the
deposit of any such materials for a period to be designated by him.
In all such cases, the person to whom such permit is granted shall
keep such materials so piled that they shall not encumber any other
portion of such street, subway, sidewalk, or public grounds and shall,
if required by the director of public works, guard such areas against
accidents by suitable barriers and lights at night. In case any person
shall refuse or neglect to comply with the directions of the director
of public works with reference to such material, such refusal or neglect
shall forfeit all rights and privileges under such permit, and such
person shall be liable to the same penalty as if such permit had not
been granted.
[Code 1971, § 26-6]
(a)
Except as otherwise permitted in this section, it shall be unlawful
for any person to deposit or leave any goods, wares, merchandise,
boxes, barrels, tanks, cans, or other receptacles or packages upon
any street, sidewalk, or subway in the City. When any of the aforementioned
articles shall be so deposited upon the street, sidewalk, or subway
in the course of delivery to the person permitting such articles to
be deposited or for the purpose of removing from the premises adjoining
on which such articles are deposited, such articles may be allowed
to so remain upon the sidewalk or subway and next to the curb or curbline
of the street for a period not to exceed two hours from the time of
deposit.
(b)
The common council of the City, upon application of any vendor, may
permit any vendor to display merchandise on the subway, providing
such display does not extend beyond that vendor's building lines in
excess of 36 inches. Permits for the purposes of such display shall
be effective for a period of one year unless sooner revoked by the
common council in its sole discretion.
[Code 1971, § 26-7]
It shall be unlawful for any person to erect or maintain any
awning over the sidewalk on any of the streets of the City at a height
of less than seven feet above the sidewalk. Any person who shall violate
this section shall be guilty of a misdemeanor.
[Code 1971, § 26-8]
(a)
No telegraph, telephone, or other similar poles shall be erected
in any of the streets of the City, and no telegraph, telephone, or
similar wires shall be strung over or across any of the streets of
the City by any person who shall not have previously obtained a franchise
or consent granted by the common council.
(b)
No telegraph, telephone, or similar poles shall be hereafter erected
in any of the streets of the City by any person, until the person
proposing to erect such poles shall obtain a written permit for the
erection thereof signed by the director of public works. Such permit
shall specify the location where such poles are to be set.
(c)
All telegraph, telephone, railway, or electric light or other poles
used or to be used for the stringing of wires by telephone, telegraph,
railway, or electric light and power companies, hereafter set along
paved streets or set along streets which are hereafter paved, shall
be placed, under the supervision of the director of public works,
inside the curb. Such pole shall not be less than six inches, nor
more than 12 inches from the curb, as the director of public works
may designate. All such poles, however, shall be placed under the
supervision of the director of public works.
[Code 1971, § 26-13]
(a)
The City shall not accept as part of the street system of the City
any street not improved with paving and sanitary sewers according
to the requirements of the department of public works in effect at
the time of such acceptance.
[Res. No. 30-92, 3-24-1992; Res. No. 37-13, 6-11-2013; amended 2-9-2016 by Res. No.
06-16]
The Director of Public Works shall have the power to approve
or deny any curb cut application subject to the procedure herein specified.
In making his determination the Director shall take into consideration
the benefit to the applicant if the application is granted, as weighed
against the detriment to the character of and the impact to on-street
parking in the immediate neighborhood impacted by such application
if granted.
(1)
All applications made to the Director shall be in writing, on forms
prescribed by said Director.
(2)
Prior to approval or denial of the application, the Director shall
set a public comment period whereby immediate neighborhood property
owners and occupants may comment on the application to the Director
in writing.
(3)
All applicants shall mail notices of the application to the owners
or occupants of all lands on the fronting City street on which the
curb cut sought. Such notices shall be postmarked at least 10 days
prior to the expiration of the public comment period, as established
by the Director.
(4)
Any applicant or property owner noticed under Section 21-11(3) shall have the right to appeal to the Common Council at the first Council work session immediately following the determination of the application by the Director.
(5)
The Common Council, on any appeal pursuant Section 21-11(4), by majority shall have the power to uphold or reverse the decision of the Director or modify the parameters of any curb cut granted by the Director under this section.
(6)
The fee for any such curb cut made in addition to an existing curb
cut performed by the Department of Public Works shall be charged at
$100 per lineal foot.
