Nothing in this Code or the ordinance adopting this Code shall
affect any ordinance relating to the opening, relocating, closing,
altering or naming streets or alleys, or fixing the grade thereof
or of any sidewalk; and all such ordinances are hereby recognized
as continuing in full force and effect to the same extent as if set
out at length in this Code.
[Code 1962, § 17-28]
(a)
No person shall throw or deposit, upon any street or highway, any
glass bottle, glass, nails, tacks, wire, cans or any other substance
likely to injure any person, animal or vehicle upon such street or
highway; nor shall any person throw or deposit, or cause to be deposited,
upon any street or highway, any soil, sand, mud, gravel or other substance
so as to create a hazard to the traveling public.
(b)
Any person who drops, or permits to be dropped or thrown, upon any
street or highway any destructive or injurious material shall immediately
remove the same or cause it to be removed. Any person removing a wrecked
or damaged vehicle from a street or highway shall remove any glass
or other injurious substance dropped upon the street or highway from
such vehicle.
[Code 1962, § 28-4]
Except as otherwise specifically provided, it shall be unlawful
for any person, whether merchant or otherwise, to place or pile boxes,
barrels, fruit stands, vegetable stands or any other obstruction of
any nature on any sidewalk; provided, that merchants may display their
merchandise and their wares on shelves or stands extending not more
than two feet in front of the building line of the place of business
where the same are sold if at least five feet of the sidewalk are
left unobstructed, which stands and shelves shall be removed from
in front of the places of business after business hours.
[Code 1962, § 28-2]
It shall be unlawful for any person to erect, build or maintain
a gasoline pump on any sidewalk of the City.
[Code 1962, § 28-3]
It shall be unlawful for any person to dig up, mutilate or make
an excavation in any street, sidewalk or public place of the City,
for laying pipe or for any other purpose, without having obtained
a permit from the City Manager and without complying with the terms
of such permit.
[Code 1962, §§ 28-5, 28-6]
(a)
It shall be unlawful for any person to allow any trench, ditch or
excavation in any street, sidewalk or public place of the City to
remain open between sunset and sunrise or allow any obstruction, building
material, scaffold, impediment or obstacle to remain in or upon any
street, sidewalk or public place in the City between sunset and sunrise,
unless such obstruction, building material, scaffold, impediment,
obstacle, trench, ditch or excavation has a sufficient number of lights
properly displayed around it as danger signals to prevent accidents
to persons or property.
[Code 1962, §§ 28-7, 28-8]
(a)
Any property owner who wishes to have a sidewalk constructed in front
of his property shall make an application in writing for the requested
work. The City shall have the discretion to approve or deny the application.
Factors, including, but not limited to, that shall be considered by
the City are:
[Amended 3-13-2006]
(b)
Where a property owner requests a sidewalk to be constructed, within
the area dedicated to City streets, the property owner must pay 1/3
of the total cost, and the remaining 2/3 will be paid by the City.
Where the streets are narrow and the property owner agrees to relinquish
the area for the sidewalk to the City, in order to widen the streets,
the following proportionate part will be paid by the property owner,
based on a walk four feet in width:
(1)
If the property owner gives one foot of property, he shall pay 3/12
of the total costs.
(2)
If the property owner gives two feet of property, he shall pay 1/6
of the total cost.
(3)
If the property owner gives three feet of property, he shall pay
1/12 of the total cost.
(4)
If the property owner gives four feet of property, the walk will
be constructed without any cost to him.
[Code 1962, § 28-8.1; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
(a)
Upon an agreement between the City and landowners abutting the streets of the City apportioning the costs of constructing, making and improving the sidewalks adjacent thereto, or upon the petition from not less than 3/4 of the landowners to be affected by constructing, making and improving sidewalks adjacent to the streets of the City, or upon a resolution passed by the affirmative vote of 2/3 of all the members elected to the Council, such construction, making and improvement of sidewalks adjacent to the streets of the City may be ordered and the costs thereof apportioned pursuant to such agreement; and in the absence of such an agreement, the costs may be defrayed by a local tax assessment. Based on the amount of the costs to the adjacent landowner for sidewalks and improvements thereto requested by such adjacent landowner, as determined under § 26-8, the Council shall impose a like rate of local tax assessment for any such improvements, but notice shall first be given to the abutting landowners, notifying them when and where they may appear before the Council to be heard in favor of or against such improvements.
(b)
The amount assessed against each landowner, or for which he is liable
by agreement, shall be reported as soon as practicable to the Treasurer,
who shall enter the same as provided for other taxes.
(c)
When the assessment or apportionment is not fixed by agreement, notice
thereof, and of the amount so assessed or apportioned, shall be given
each abutting landowner, and he shall be cited thereby to appear before
the Council, not less than 10 days thereafter, at a time and place
to be designated therein, to show cause, if any he can, against such
assessment or apportionment.
(d)
All notices given under this section shall be given in accordance
with Code of Virginia, § 15.2-2409, and any appeal from
the decision of the Council shall be had in accordance with Code of
Virginia, § 15.2-2410. All such proceedings thereafter held
shall be held in accordance with Code of Virginia, § 15.2-2411
et seq.
[Code 1962, §§ 28-9, 28-10]
(a)
It shall be unlawful for any person to construct a driveway across
any of the sidewalks or gutters of the City without first obtaining
a permit from the City Manager to do so. After the permit has been
obtained, the City Manager shall specify the material and the mode
of construction of the driveway, which shall be constructed, erected
and built in accordance with the instructions and under the supervision
of the City Manager. Should such a driveway be constructed without
such a permit, the City shall have the right and power to remove or
destroy the driveway.
(b)
When a property owner wishes a private driveway constructed, the
work shall not be done by the City forces, and the property owner
must pay the entire cost, excepting the two-thirds portion of the
normal width of the sidewalk where the driveway crosses. The City
will construct the curb and gutters at the City's expense. The
curb and gutter locations must be approved by the City Council.
[Ord. No. 205, 4-25-1983; amended by Ord. No. 2005-5, 3-14-2005]
(a)
Any one or more persons owning property abutting a street or alley
in the City may make application in the office of the director of
community development to vacate the street or alley by paying an administrative
fee of $75 for processing the application and by paying the costs
of publishing public notices and notifying other property owners affected
by such proposed vacation as required for any public hearing(s) on
the application held by the Planning Commission or the City Council.
The fees and costs specified above in this subsection shall not be
applicable when such vacation occurs on application of the City Council.
(b)
Upon receipt of the application the said director of community development
shall refer the application to the Planning Commission for its recommendation.
(c)
The Planning Commission may, but shall not be required to, hold a
public hearing on the application after notice as required by Code
of Virginia, § 15.2-2204.
(d)
After consideration of the vacation of the street or alley the Planning
Commission shall make a recommendation on vacating or not vacating
the street or alley to the City Council.
(e)
Upon receipt of the recommendation of the Planning Commission the
City Manager shall cause a notice of intention to vacate a public
street or alley to be published twice, with at least six days elapsing
between the first and second publication, in a newspaper having general
circulation in the City. Such notice shall specify the time and place
of a public hearing before the Council, at which time persons affected
may appear and be heard. The City Manager shall also notify in writing
by certified mail all property owners affected by the proposed vacation
of the hearing.
(f)
After reviewing the application, considering the recommendation of
the Planning Commission and taking into consideration the views of
any person(s) who express their opinions at the public hearing, Council
may discontinue and vacate such street or alley by duly enacting an
ordinance authorizing such vacation. City Council, as a condition
of the vacation of the street or alley, may require the fractional
proportion of its street or alley vacated to be purchased by any abutting
property owner. The price shall be no greater than the property's
fair market value or its contributory value to the abutting property,
whichever is greater, or the amount agreed to by the parties. No such
vacation shall be concluded until the agreed price has been paid.
If any abutting property owner does not pay for such owner's
fractional portion within one year, or other time period made a condition
of the vacation, then the vacation shall be void as to such property
owner. Abutting owners shall not be required to pay for the vacation
of the street or alley if the vacation is initiated on motion of the
City Council.
(g)
A certified copy of the ordinance of ordinance vacating the street
or alley shall be recorded by the City Attorney among the land records
of the Circuit Court of Southampton County in the name of the City
and indexed in the name of the City as grantor.
(h)
When an applicant requests a vacation to accommodate expansion or
development of an existing or proposed business, Council may condition
the vacation upon commencement of the expansion or development within
a specified period of time. Failure to commence within such time may
render the vacation, at the option of the Council, null and void.
A conditional vacation shall not be recorded until the conditions
have been met.
(i)
A certified copy of the ordinance adopted by City Council vacating
any street or alley shall be transmitted by the City Attorney to the
Director of Community Development and the Director of Public Works
for their records.
[Ord. of 7-14-1997(2); amended 8-24-2009]
(a)
The City Manager may, in his/her discretion, close streets or alleys
in the City for festivals, church events, parades and other municipal
or celebratory events and for events for other than public purposes
for a period not to exceed 12 hours on the condition that the group,
association, organization or person seeking to use the public right-of-way
shall furnish a public liability and property damage insurance contract
insuring the liability of such group, association, organization or
person for personal injury or death and damages to property resulting
from such temporary use in the amount of $500,000, with a certificate
naming the City as an additional insured on the contract.
(b)
In the event that any streets or alleys to be closed are located
in the downtown service district, the downtown merchants will be advised
of the reason for the closing, the length of the closing and the logistics
of the closing, after which they will be polled for their opinion
of the closing.
[Ord. of 1-12-1998(3)]
[Ord. of 3-16-2001(2)]
Occupants, homeowners or persons acting on their behalf may
paint with black paint the house numbers (but not street names) of
single-family houses on the face of the curb in front of such houses,
using a template or stencil with a stroke not to exceed 3/4 inches
and a height not exceeding three inches with arabic numbers in block
print and with a white background. The background rectangle shall
not exceed eight inches in height and 20 inches in length.
