[Ord. No. O-10-33; Ord. No. O-14-38]
No person shall disturb, remove or break the pavement in any
street, sidewalk, driveway, apron, curb or gutter within the public
right-of-way in the City nor make an excavation in any street, sidewalk,
driveway, apron, curb or gutter within the public right-of-way in
the City without having first obtained a permit pursuant to this chapter.
Street is defined as any road, highway, public way, public alley,
easement, or other right-of-way accepted or maintained by the City
as a public street, as well as any State or County road or highway
over which the City has acquired jurisdiction by agreement.
[Ord. No. O-10-33; Ord. No. O-14-38]
Application for a permit shall be made on forms supplied by the City Engineer and shall include the name and address of the applicant; the name and address of the contractor; two emergency telephone numbers; the nature, location and purpose of the excavation; the dimensions of the proposed disturbance including the length, width and overall area expressed in square feet; the date of the commencement of the work; and the approximate completion date. The contractor shall maintain minimum clearance from gas, water, telephone or other facilities so such utilities will not be damaged or existing services impaired. In addition, where the street or sidewalk will be obstructed, the applicant shall submit a plan in accordance with Section 25-3 of this chapter for the safe movement of traffic and pedestrians.[1]
The permit shall be issued by the Building Division under the
direction of the City Engineer. Permits are valid for 180 days from
the date of issuance, unless otherwise noted on the permit in writing.
The validity of the permit may be extended, in the City Engineer's
sole discretion, if so requested, in writing, by the applicant prior
to the expiration of the permit or any previously granted extension
thereof, for such additional periods as requested by the applicant.
The City Engineer may, in the City Engineer's sole discretion, approve
an extension of a permit's termination date subject to conditions
and/or limitations or deny the extension and declare said permit to
be null and void as of the termination date set forth on the original
permit or any extension thereof.
[1]
Editor's Note: The power to regulate excavation and construction
in the public streets is contained in N.J.S.A. 40:67-1. The power
to provide specifications for street and sidewalk construction is
part of the general police power, N.J.S.A. 40:48-2 and N.J.S.A. 40:69A-29,
30.
Prior ordinance history includes portions of 1972 Code §§ 6-5, 18-1.1—18-1.16, 18-2.1 — 18-2.6, 18-3.1 — 18-3.9 and Ordinance Nos. O-00-44, O-00-48, O-07-09, O-88-24, and O-09-28.
[Ord. No. O-10-33]
a.
Fees. Before any permit is issued construction, repair, or maintenance
work in public streets by the City Engineer, a fee shall be paid by
the applicant to cover the cost of inspections, services, materials,
and labor necessary for the proper control of such work by the City.
There shall be paid with the application for a permit a fee calculated
on the basis of the following:
1.
Roadway, sidewalk and driveway opening and excavation:
Up to and including 100 square feet - $50.
Over 100 square feet - $50 plus $1 per square foot in excess
of 100 square feet.
2.
Sidewalk and driveway construction (no excavation):
Up to and including 400 square feet - $50.
Over 400 square feet but less than 1,000 square feet - $80.
1,000 square feet or more - $100.
3.
Curb reconstruction, $3 per linear foot.
Curb cut per linear foot - $5.
4.
Obstructing roadways — $35 for first day of obstruction plus
$15 per day thereafter.
b.
Proper Ground Restoration for Street Openings. No permit for excavation
or construction in a roadway shall be issued unless and until the
applicant therefor has paid a ground restoration fee to be determined
annually by the City Engineer based on the current street restoration
contract rates or on the rates as published by the New Jersey Department
of Transportation. Such ground restoration fees shall be maintained
in an appropriate City fund for the general purpose of street and
roadway repair, restoration, and resurfacing.
c.
Maintenance Bond. No permit for excavation or construction in a street
shall be issued until the applicant has filed a bond in the amount
of $1,500 for a two-year period. The bond shall be executed by the
applicant as principal and a surety company licensed to do business
in the State of New Jersey as surety and shall be conditioned as follows:
1.
To indemnify and hold harmless the City from all loss, damage, claim,
or expense resulting from any work done by the applicant under the
permit.
2.
To indemnify the City for any expense incurred in enforcing any of
the provisions of this chapter.
3.
To guarantee completion of the permitted work according to the provisions
of this chapter.
4.
The applicant may post a cash bond with the City in lieu of a surety
bond, cash, cashier's check, certified check, or money order made
payable to the City of Bayonne shall be acceptable, and such funds
shall be held in the City of Bayonne escrow account.
5.
The City Engineer may waive the requirements of surety in the case
of public utilities.
6.
One bond may be accepted to cover more than one excavation by the
same applicant, subject to the determination of the City Engineer
that the City is adequately protected against default by the applicant.
7.
No permit shall be issued for any street opening or street access
opening permit until the applicant has filed with the City Engineer
a certificate of insurance or a public liability insurance policy
in at least the minimum amounts of $100,000/$300,000 for bodily injury
or death and $50,000 for property damage, issued by an insurance company
licensed to do business in the State of New Jersey and indemnifying
and protecting the City of Bayonne from all liability by reason of
property damage or personal injuries or death which may result or
may be claimed as a result of any accident occurring at the point
of opening or related thereto. In all cases, the City shall be named
as an additional insured on such policy.
d.
Street Opening Inspection After Close of Business Hours. In the event
that a contractor, person or entity should request that the City inspect
a roadway opening after 4:30 p.m., said request must be made, in writing,
on a form provided by the City Engineer, by 3:00 p.m. on the date
of the inspection and the request must be accompanied by a payment
in escrow equivalent to $75 per hour for each hour deemed necessary
by the City Engineer to effectuate the after hours inspection.
[1972 Code § 18-1.4; Ord. No. O-10-33]
a.
No public or private utility corporation, with the exception of the
Bayonne Municipal Utilities Authority (BMUA)[1] which shall be exempt from the provisions of this chapter, shall lay, repair, alter, change, or remove any of its lines, conduits, pipes, structures, fixtures, poles, wires, tracks, or other services nor in any way disturb the surface, sidewalk, curb, or pavement of any public street of the City without first making proper application for permission to do so to the City Engineer. Such application shall be accompanied by a detailed description of the work intended to be done and maps, plans, or drawings showing the exact location and details of the work. Upon approval of the application, the City Engineer may issue a permit for the work applied for upon payment of the fees set forth in subsection 25-1.3 of this chapter.
b.
Plans describing installation to be submitted upon request. Any public
or private corporation having any lines, conduits, pipes, structures,
fixtures, poles, wires, tracks, or other services in the streets of
the City shall, upon the request of the City Engineer, within 30 days,
send to him a plan showing and describing all its installations in
the public streets of the city.
c.
Replacement of Pavement, Supervision of Work. Any public or private
utility corporation disturbing the surface, sidewalk, curb, or pavement
of any street in the City shall replace or repair such disturbed areas
at its expense and without undue delay in accordance with the requirements
of the City Engineer, and such work shall be under his supervision
or under that of any other duly authorized agent of the City.
d.
A public utility, as defined in N.J.S.A. 48:2-13, may make remittances covering deposits as are required by subsection 25-1.3 on a monthly basis instead of with each permit application. In the event of any emergency, a public utility may make necessary street openings and repairs prior to obtaining a permit; provided a permit shall be obtained by it within 48 hours after the opening is made; and provided further that the public utility shall file with the City Clerk its bond in the sum of $5,000 conditioned upon the payment of all permit fees due from it to the City.
[Ord. No. O-10-33]
No street opening, removal of pavement or sidewalk or excavation
shall be made in any public street unless at the commencement thereof
and for so long as the City Engineer shall require, the work is done
in the presence and under the supervision of the City Engineer or
his designee. This subsection shall not apply to work done by a public
utility during a period of emergency.
[Ord. No. O-10-33]
The Building Division shall provide each contractor, at the
time a permit is issued thereunder, a suitable placard plainly written
or printed in English letters at least one inch high with the following
notice:
"City of Bayonne, Excavation Permit No. _____ issued to __________
on the __________ day of __________, 20_____."
It shall be the duty of any contractor hereunder to keep the
placard posted in a conspicuous place at the site of the excavation
work. It shall be unlawful for any person to exhibit such placard
at or about any excavation not covered by such permit or to misrepresent
the number of the permit or the date of its issuance.
[Ord. No. O-10-33]
Sidewalks shall be constructed in accordance with the provisions of subsection 25-2.4a of this chapter.
[Ord. No. O-10-33]
Driveways shall be constructed in accordance with the provisions of subsection 25-2.4b of this chapter.
[Ord. No. O-10-33; amended 1-15-2020 by Ord. No. O-20-01]
The contractor or permittee, upon satisfactory completion of
the backfill operation, shall replace the road surface in kind or
provide a minimum roadway thickness consisting of six inches of quarry
process stone, six inches ofhot mix asphalt 19M64 base course and
two inches of hot mix asphalt 9.5M64 surface course, whichever is
greater.
[Ord. No. O-10-33]
a.
All openings and excavations shall be properly guarded at all times.
Under no conditions is tunneling allowed. All construction material,
debris, equipment, and machinery shall be removed immediately or properly
guarded to protect the public. All barricades and traffic control
devices shall conform to the latest edition of the "Manual on Uniform
Traffic Control Devices" and must be properly maintained during the
construction.
b.
Sidewalk and Driveway Areas. All excavations in sidewalk and driveway
areas must be properly backfilled, maintained and the original surface
replaced.
[Ord. No. O-10-33]
Temporary encroachments, for the purpose of temporary storage
of construction materials, shall not extend beyond the curbline more
than 2/5 on the entire width of the roadway or beyond the property
line in length, nor shall this temporary encroachment in any case
obstruct the passage of vehicles at any time. The sidewalk for the
full width of six feet shall be kept free of obstructions, the gutter
properly bridged and kept entirely free for the passage of storm water
and obstruction left in the street overnight shall be guarded with
lighted red lanterns placed not more than 10 feet apart which shall
be kept burning between the hours of sunset and sunrise. Other properly
lighted lamps shall be placed to light obstructions occupying the
sidewalk.
No mortar or other construction materials in which water is
an ingredient shall be mixed or retained in any street or public place
in anything except a watertight receptacle.
[Ord. No. O-10-33]
All substructure excavations and street and sidewalk repairs shall be performed in accordance with New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, as may be amended and as may be required by subsection 25-2.4 of this Code.
[Ord. No. O-10-33]
The contractor or permittee shall completely backfill the excavation
and the trench with quarry process stone, dense graded aggregate or
other material, acceptable to the City Engineer, and shall remove
excess material from the premises. Tamping shall be employed and the
material shall be placed in layers not exceeding six inches in thickness,
moistened if directed, and each layer, shall be energetically tamped
until thoroughly compacted. Longitudinal ditches may be compacted
by rolling with a suitable heavy mechanical self-powered roller. Dual-tired
trucks shall not be used for this purpose. Trenches may not be flushed
except under specific permission of the City Engineer. If for any
reason immediate replacement of permanent pavement is not feasible,
the excavation shall be backfilled and consolidated as specified above,
after which not less than three inches bituminous stabilized base
course, when available, or cold patch shall be placed in accordance
with New Jersey State Department of Transportation Standard Specifications
No. 3.2A1. The City Engineer shall determine whether the immediate
replacement of permanent pavement is not feasible.
[Ord. No. O-10-33]
The permittee shall perform or cause to be performed by a licensed
registered contractor all final backfilling and compaction of the
excavation, restoration of the surface, and final paving necessitated
by the excavation or construction work in accordance with the standards
set forth in this chapter.
[Ord. No. O-10-33]
a.
The City reserves the right to remove and replace any defective work done by the permittee as determined by the City Engineer and charge the actual cost of labor and materials for such removal and replacement to the permittee which cost shall be in addition to the amount the permittee is required to pay pursuant to subsection 25-1.3.
b.
In no event shall any opening or excavation be made in any public
street, road or highway within the City which shall be of a greater
size or length than can be filled in and completed within 48 hours
by the available material and equipment located at the site.
c.
The permittee shall backfill all excavated areas to a grade compatible
with the traveled roadway or surrounding area at such time he is not
actively working. This shall include nights, weekends and periods
of shut down. Trenches shall not remain open overnight under any circumstances.
Where special circumstances exist, the City Engineer may, in lieu
of backfilling, permit steel plates of sufficient strength to carry
traffic or pedestrians safely or may require other measures to protect
the general public.
d.
No damage shall be done to any pipes, cables, conduits or other facilities
during the work performed under the Road Opening Permit. Notice shall
be given beforehand to the utility company maintaining any such pipes,
cables or conduits as prescribed by law.
The permittee shall not be authorized to proceed with any road
opening until he submits to the City Engineer proof of notification
to all utilities.
It is the sole responsibility and duty of the permittee to make
such investigation as is necessary in good faith effort to locate
all utilities. Issuance of the permit by the City does not approve
or disapprove the location of the utilities. The permittee shall have
sole responsibility for any damage to utilities, underground or overhead,
and shall bear all costs to repair or correct any such damage.
e.
The applicant shall maintain safe pedestrian access to adjacent properties
at all times.
f.
All street and sidewalk areas shall be left clean and free of dirt
and debris. The entire site affected by the permitted work shall be
restored to its original condition at the end of construction.
g.
All excavated materials from the street, sidewalk, driveways and
subsurface shall be properly and safely removed and disposed of by
the permittee. The City is not obligated to provide a disposal site.
If requested, the contractor or permittee shall provide the City with
the location of the disposal site and proof that the material has
been disposed of in accordance with all applicable regulations.
[Ord. No. O-10-33]
Applications for permits required to be issued under the provisions
of this section shall be accompanied by evidence of insurance against
public liability with limits of at least $100,000 for one person and
$300,000 for one accident. The insurance policy shall include the
City as an additional named assured and the certificate shall be attached
to the application and filed therewith.
In the alternative, a contractor applicant may deposit with
the Building Division a policy evidencing the issuance of the insurance
referred to in the foregoing paragraph. The policy may be for a stated
period of time and shall name the City as an additional assured. If
the policy is so deposited it will not be necessary for the contractor
applicant to submit proof of insurance with each application for a
permit.
In lieu of evidence of insurance, a public utility applicant
for a permit may file with the Building Division a copy of a self-insurance
certificate issued by the Security-Responsibility Bureau of the Department
of Law and Public Safety, Motor Vehicle Commission of the State of
New Jersey pursuant to N.J.S.A. 39:6-52.
A public utility shall, in addition to filing a self-insurer
certificate, file with the Building Division its bond in the sum of
$100,000 containing the condition that it shall defend at its own
expense any suit brought against the City and further indemnify and
save harmless the City from and against any and all loss, costs or
damages or judgment incurred by reason of any damage to any property,
injury to any person, or any loss of life resulting from any alleged
negligence of the permittee, his agents, employees or contractors
in performing the work covered by the permit.
[Ord. No. O-10-33]
a.
The City Engineer shall once a year, or as often as may be appropriate,
provide to public utility providers and the general public notice
of planned work on municipal streets, advising that any work requiring
excavation or disruption of pavement within or about those streets
will have to be completed prior to the City paving project. Such notice
shall state that no street opening permits shall be issued for openings,
cuts or excavations in newly paved roads for a period of five years
from the completion of the paving project. The notice shall also provide
that applications for street opening permits for work to be done prior
to the City paving project shall be submitted promptly in order that
the work covered by the permit may be completed before paving.
Notice to public utility providers shall be by certified mail.
Notice to the public shall be provided by publication in the official
newspaper designated by the Municipal Council.
b.
During the five-year period following completion of a City paving
project, the subject street shall be classified as a "newly paved
street" and no permits shall be issued to open, cut or excavate same
unless, in the judgment of the City Engineer an emergency exists which
makes it essential that the street opening permit be issued.
c.
Restoration of newly paved streets shall include milling and repaving of such additional area, as determined by the City Engineer, deemed necessary for the repair to blend uniformly with the adjacent street in accordance with the conditions stated in the permit. The milling and repaving shall be performed by the permittee in accordance with the provisions of subsection 25-1.13. No permit for excavation or construction in a newly paved street shall be issued unless and until the applicant therefor has paid the permit fees including, but not limited to, the proper ground restoration fee as required by subsection 25-1.3.
[Ord. No. O-10-33]
No person shall construct or remove, or cause to be constructed
or removed any sidewalk, driveway, apron, curb or gutter or any part
thereof within the right-of-way in the City without first having obtained
a permit to do so from the Building Division.
[Ord. No. O-10-33]
Application for a permit under this section shall be made to
the Building Division by the owner of the premises or his agent upon
forms provided by the City and shall contain the following information:
a.
The name and address of the applicant.
b.
The name and address of the person who is to perform the proposed
work, and the name and address of the owner of the property on which
the work is to be performed, if other than the applicant.
c.
The location, by street number or otherwise, of the premises where
the work is to be done.
d.
The estimated cost of the proposed work.
e.
A line and grade plan may be required at the discretion of the City
Engineer if the proposed work is extensive.
f.
Any other information that the City Engineer deems necessary in order
to determine whether the work will comply with this chapter.
[Ord. No. O-10-33]
Fees shall be charged pursuant to the schedule set forth in subsection 25-1.3 for each permit except that an applicant for a permit under this section shall not be required to pay a ground restoration fee or post a bond or other security. The applicant shall pay the cost of all tests which the City Engineer deems necessary. The fee shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
[Ord. No. O-10-33]
a.
All sidewalks shall be of Class B concrete as defined by the latest
edition of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction. All sidewalks shall be at least
48 inches in width and at least four inches in thickness, and all
those of greater width, including handicap ramps, shall be at least
five inches in thickness. The sidewalk shall be laid in sections,
with open joints to provide against damage from expansion of the concrete.
When the sidewalk is laid against the curbing, a 1/2 inch asphaltic
felt expansion joint shall be required. A similar expansion joint
shall be required wherever the sidewalk is laid against a masonry
structure such as a set of steps, retaining wall or porch. The sections
shall not contain more than 25 square feet each inside of scored joint
and no more than 100 square feet inside of expansion joints. All concrete
sidewalks shall have a rough surface finish to prevent slipperiness
and each section shall be laid completely before any part of it has
set.
No sidewalk shall have a surface slope exceeding 1/4 inch to
one foot horizontal and shall be sloped toward the street to provide
positive drainage. All materials and works shall be in accordance
with the New Jersey Department of Transportation, Standard Specifications
for Road and Bridge Construction and the City specifications on file
in the office of the City Engineer.
b.
Concrete driveways shall be the same as specified for concrete sidewalks
in paragraph a above, with the exception that the concrete in the
driveways shall not be less than six inches in thickness, reinforced
with welded steel wire fabric in accordance with New Jersey Department
of Transportation Standard Specifications.
Bituminous concrete pavements in driveways shall consist of
four inches of quarry-processed stone, or bituminous stabilized base
and two inches of bituminous concrete surface course. No pavement
shall be placed upon a wet or frozen foundation.
No bituminous concrete pavement shall be laid in the public
sidewalk or in the driveway apron under any circumstances.
c.
Any sidewalk or driveway, apron, curb or gutter which is removed
shall be promptly replaced in accordance with City specifications.
d.
No concrete sidewalk or driveway apron shall be replaced or covered
with blacktop.
e.
Whenever sidewalk and driveway areas are removed, the entire section
(up to existing joints in all directions) must be removed and replaced.
Whenever a "curb cut" or driveway depression is required, the entire
section or sections of curb or curb and gutter shall be removed and
replaced. The breaking and recapping of curbing is specifically prohibited.
f.
Anything herein to the contrary notwithstanding, all sidewalks within the designated Special Improvement District (SID) identified in Chapter 10 of these Revised General Ordinances shall be constructed with paver/concrete design in accordance with specifications acceptable to the City Engineer. At the property owner's option, any sidewalk on Broadway not within the Special Improvement District may also be constructed with such paver/concrete design or, alternatively, conform to the specifications set forth in paragraph a above.
[Ord. No. O-10-33]
The applicant shall notify the City at least 24 hours prior
to the time of pouring or laying any sidewalk, driveway apron, curb
or gutter so that the Building Division may arrange for adequate inspection
and testing. In addition, notice shall be provided at least 24 hours
prior to the commencement of work to the occupants of adjacent properties
to allow for the removal of personal vehicles and property.
[Ord. No. O-10-33]
[Ord. No. O-10-33]
No person shall obstruct any street or sidewalk in the City
without having first obtained a permit pursuant to this chapter. An
obstruction shall be considered as that occupation of the public right-of-way,
streets and sidewalks by way of example, by construction equipment,
materials, storage or office trailers, roll-off containers, or in
general, any use which denies the free access to the space by the
general public for parking, vehicular or pedestrian traffic or other
such common use.
[Ord. No. O-10-33]
Regulation of obstruction of the flow of pedestrian and vehicular
traffic necessitated by construction, maintenance operations or utility
work shall be in accordance with the most recent version of the Manual
on Uniform Traffic Control Devices. The Manual is available in the
Police Department.
[Ord. No. O-10-33]
Prior to the issuance of a permit for excavation or construction
in or about any public way, including a public street or sidewalk,
the applicant shall submit a plan in accordance with the most current
Manual on Uniform Traffic Control Devices, for the safe movement of
traffic and pedestrians during such period of excavation or construction.
Such plans must be approved by the Chief of Police prior to the issuance
of the permit. A copy of all permits together with the plans provided
pursuant to this section shall be forwarded to the Chief of Police
within 24 hours of the issuance of the permit. No work shall be commenced
before the transmittal of the plans to the Chief of Police or his
designee.
[Ord. No. O-10-33]
The applicant shall provide with his application form at least
two emergency numbers to be called in case of problems at the construction
or maintenance site. If, for any reason, emergency contacts cannot
be reached, or if the emergency contact person does not respond within
one hour to a call from the Police Department or the City Engineer
to correct a hazardous situation, the City, through the Police Department
or the Office of the City Engineer, will initiate measures to correct
the hazardous situation. The reasonable fees for such emergency services
performed by the City shall be charged to the applicant and the contractor
responsible for the condition.
[Ord. No. O-10-33]
Except for emergency repairs, no roadway obstructions shall
be permitted before 8:45 a.m. or after 4:00 p.m. unless the City Engineer
in conjunction with the Chief of Police determines that such obstruction
will not unduly interfere with normal traffic conditions or that such
obstruction is absolutely necessary for the safe completion of the
project.
[Ord. No. O-10-33]
Total road closings and traffic detours shall not be permitted
without the approval of the Chief of Police.
[Ord. No. O-10-33]
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Police Department that same is necessary
to provide for the safe and expeditious movement of traffic. The person,
contract or utility is responsible for the provisions, maintenance,
placement and removal of all required signs, cones and other work
zone protection required before, during and upon completion of construction
or maintenance operations.
[Ord. No. O-10-33]
Any public utility making emergency openings and repairs shall
notify the Police Department by telephone prior to commencing work
or as soon thereafter as possible.
[Ord. No. O-10-33]
a.
Maintenance of the Sidewalk Between Property Line and Curb. Every
owner or person having charge and control of property in the City
shall maintain and be responsible for the proper upkeep of that part
of the sidewalk between the property line and curb which abuts the
property, including corner areas adjacent to corner lots, whether
within or without the property line. Such upkeep shall include the
proper maintenance and repair of the sidewalk and curb.
b.
Installation and Repair of Construction Between Property and Water
and Sewer Lines. Every owner, occupant or person having charge and
control of property in the City shall be responsible for proper installation,
repair, and upkeep of all connections between their property and the
main water line, sanitary sewer line and/or industrial sewer line
and all connections between their property and the main storm drain,
catch basin, or gutter into which such connections discharge.
[Ord. No. O-10-33]
a.
The owner, occupant or tenant of premises abutting or bordering on
any street in the City shall remove all snow and ice from the abutting
sidewalks of such street or the abutting right-of-way actually used
by the public, or in the event of ice which may be so frozen as to
make removal impractical, shall cause the same to be thoroughly covered
with sand, ashes or salt, within 24 hours of daylight after the same
shall fall or be formed thereon.
b.
The owner, occupant or tenant of premises used by the public or business
invitees shall remove all snow and ice from the sidewalks, streets,
rights-of-way and parking areas used by the public in the transaction
of business thereat, and in the event of ice which may be so frozen
as to make removal impractical, shall cause the same to be thoroughly
covered with sand, salt or ashes, within 24 hours of daylight after
the same shall fall or be formed thereon.
c.
No person, including the owner or occupant of any lands or premises
abutting or bordering upon any street, shall place, deposit, throw,
or shovel any snow or ice into or upon that portion of any such street
which has been cleaned, plowed, or shoveled of snow or ice by the
City or by any governmental agency or authority or by any public utility
having and exercising a franchise or permit to operate autobuses along
any streets in the City at any time after said street has been cleaned
or plowed as aforesaid.
d.
No owner or occupant of any lands or premises abutting or bordering
upon any street shall cause, allow, or permit any person to do or
perform any of said conduct prohibited herein.
[Ord. No. O-10-33]
The municipal officials responsible for enforcing this chapter
shall be the City Engineer, the Chief of Police, the Health Officer
or his agents, the Director of Public Works, the Building Division,
and their designated agents and employees.
[Ord. No. O-10-33]
Any person who violates this chapter shall, upon conviction in Municipal Court of the first offense thereof, be punished by a minimum fine of $100 and for the second and all subsequent offenses be punished by a minimum fine of $250 and a maximum fine of $1,250 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The Municipal Court may also impose restitution in an amount equal to the cost of work and materials incurred by the City pursuant to Section 25-8.
[Ord. No. O-10-33]
In addition to the issuance of a complaint returnable in the
Municipal Court, the municipal officials responsible for enforcing
the provisions of this chapter, upon proper notice and opportunity
to cure having been afforded the property, owner, shall have the authority
to abate any nuisance or safety hazard in violation of this section
including, but not limited to, the removal of equipment, vehicles
or material within the street right-of-way; backfilling or otherwise
securing open excavations; installing, repairing and up-keeping connections
between private property and City water and sewer lines, removal of
snow or ice or other impediments in and to the right-of-way and taking
such other action as may be necessary to protect the safety of the
public. In those instances where authority exists pursuant to New
Jersey statutes, rules or regulations, the cost of such work and materials,
as nearly as can be ascertained, shall be certified to the Tax Collector
as a lien upon the premises and shall be added to, recorded and collected
in the same manner as taxes next to be assessed and levied upon such
premises.
[Ord. No. O-10-33]
The imposition and collection of the fine or fines imposed by
the provisions of this chapter shall not constitute any bar to the
right of the City to collect the costs for abating any nuisance or
safety hazard in a civil action at law or in equity.
