[Adopted 12-15-1975 as Ch. 44, Art. I, of the 1975 Ogdensburg Municipal Code]
[Amended 5-28-2013 by Ord. No. 8-2013]
A. 
No person shall place or deposit, except as hereinafter provided, on any sidewalk or in any street or lane any sign, cask, box, crate, stone, vehicle, trailer, lumber or other substances or materials. Each twenty-four-hour period the same shall remain shall constitute a separate violation.
B. 
The deposit or placement of such items or material on streets and sidewalks shall be permitted, however, while loading or unloading a vehicle.
C. 
Outdoor dining. The placement of tables, chairs, umbrellas and other accessories necessary for outdoor dining is allowed between the owner's property line and the street curbing in accordance with the following limitations:
[Added 7-13-2020 by Ord. No. 6-2020]
(1) 
Outdoor dining tables and accessories are allowed at restaurants as defined by the Ogdensburg Zoning Ordinance and that has a permit from the New York State Department of Health to operate a restaurant.
(2) 
No outside dining tables and accessories shall be set up that block pedestrian traffic, and a three-foot-wide sidewalk area must remain clear to permit pedestrian traffic.
[Added 4-23-2001 by Ord. No. 4-2001; amended 5-28-2013 by Ord. No. 8-2013; 10-14-2014 by Ord. No. 13-2014; 5-26-2015 by Ord. No. 11-2015]
A. 
Except as herein provided, no person shall put, place or allow any structure, unregistered motor vehicle or trailer, rubbish or other material, temporarily or otherwise, between the developed or undeveloped sidewalk and the curb, or the city right-of-way should there be no sidewalk, or on the traveled portion of any street, sidewalk, highway or other public place. This prohibition shall not be applicable to garbage and trashcans placed in front of an owner or lessee's premises after dusk on the day before a regularly scheduled trash pickup. Further, this prohibition shall not be applicable to yard waste placed in a manner conforming to § 181-10 of Article III of Chapter 181 for collection pursuant to § 181-1 of Article I of Chapter 181 of the Municipal Code of the City of Ogdensburg. Further, this prohibition shall not be applicable to any structure for which a property owner or lessee holds a valid permit allowing the placement thereof.
B. 
"Rubbish" shall mean any refuse, filth, dirt, waste matter, sweepings, garbage, putrescible mailer, decomposable or organic mailer, carcass, sewage, excrement, swill, slops, malodorous or obnoxious liquids or substances, compost, ashes, soot, tin cans, leaves, tree limbs, tree trunks, brush, weeds, grass, straw, hay, excelsior, shavings, barrels, crates, boxes, litter, easily combustible matter, used furniture or appliances or other substance or material offensive or dangerous to the public or detrimental to its health.
C. 
Parking of a registered motor vehicle or trailer between the developed or undeveloped sidewalk and the curb, or the city right-of-way should there be no sidewalk, is only allowed directly in front of owner's property, within clearly identifiable residence property lines. Enforcement action for this provision will only be initiated upon receipt of a valid complaint filed by the actual property owner.
D. 
The City of Ogdensburg is hereby empowered to tow any registered or unregistered motor vehicles or trailers parked in violation hereof. Said towing shall not eliminate liability for penalties hereinafter set forth.
E. 
Penalties. Failure to comply with this section by any person shall be an offense punishable as provided herein, and a conviction shall be a "violation" as defined by the Penal Law of the State of New York. Violations shall be punishable by a fine of up to $100. Each 24 hours that a violation is continued shall be deemed a separate offense.
A. 
No person shall place and keep building materials of any kind in any street or on any sidewalk except with written permission of the Director of Public Works as hereinafter provided.
B. 
The Director of Public Works may grant permission, in writing, to any person to place and keep any building materials in any of the public streets for the purpose of building or repairs, for a period not exceeding three months; but such permission shall not authorize the obstruction of more than 1/3 the sidewalk and 1/3 of the paved portion of the street opposite the lot on which any erection is to be made by the person to whom such permission is granted, and such permission may, at any time, be revoked by the Director of Public Works on one day's notice.
C. 
The Director of Public Works as a condition for granting permission may require the person to whom the permission is granted to provide and maintain fencing, barriers, warning lights and temporary signs and structures as he deems necessary to adequately protect the public and lessen the interference with the public of the use of adjoining streets and sidewalks.
[Amended 12-12-1989 by Ord. No. 17-1989]
No person shall place or set out for sale any goods on the sidewalk, in front of and within three feet of the store or building or to occupy the sidewalk in front of the same except as may be necessary in receiving and delivering articles to or from such premises. This provision shall not apply if such displays and/or sales are part of a general festival or celebration endorsed or promoted by the City of Ogdensburg.
[Amended 12-12-1989 by Ord. No. 17-1989]
A. 
No person shall put up or erect or suffer to remain any sign, showcase or other thing projecting into or hanging over the street or sidewalk or between the sidewalk and the street curbing without first obtaining a written permit from the Director of Planning and Development of the City of Ogdensburg and having filed with the Director of Planning and Development written application therefor and an insurance policy or certificate of insurance insuring the city against liability for personal injury and property damage to a sum not less than $100,000.
[Amended 12-7-1992 by L.L. No. 3-1992]
B. 
The Director of Planning and Development is hereby authorized to issue permits for the erection of said signs or other things upon the filing of the proper bond, insurance policy or certificate of insurance.
[Amended 12-12-1989 by Ord. No. 17-1989]
No person shall erect or place or cause or procure to be erected or placed any building or structure extending or projecting over any street, except by any cornice, window cap or ornamental moulding on any building, projecting into the street three feet or less.
[Amended 12-12-1989 by Ord. No. 17-1989]
No person shall tear up or injure any pavement, planking, sidewalk, bridge or crosswalk, drain or sewer in any street or public place or shall dig any hole or ditch therein without the permission of the Director of Public Works as provided in Article II of this chapter.
[Amended 12-12-1989 by Ord. No. 17-1989]
No person shall, without permission from the Director of Public Works, dig, remove or carry away or cause to be dug, removed or carried away any stone, earth, sand, gravel or other material from any street or public place.
[Amended 12-12-2016 by Ord. No. 21-2016]
A. 
No person shall construct, improve, renew or replace any sidewalk unless the grade and width thereof be fixed and material and the manner of construction be prescribed by the Director of Public Works.
B. 
When the City Council deems that it is in the interest of the general public that sidewalks should be constructed or that unsafe existing sidewalks be reconstructed, the city, by written notice, shall require the owner of adjoining lands, or may, at its option, construct or replace said sidewalks.
(1) 
Such sidewalks shall be constructed in accordance with the standard specifications for installation of public sidewalks. The standard specifications for installation of public sidewalks shall be developed by the Director of Public Works and revised from time to time in accordance with generally accepted engineering practices for sidewalk construction and installation. The Director of Public Works is also responsible for establishing the reimbursement rate for sidewalk construction on an annual basis in the spring of the year.
(2) 
The written notice shall be served upon the owner of adjoining lands, either personally or by first-class prepaid mail, addressed to the last known address of the owner as said address is shown on the records of the Assessor. If the name of the owner or his last known address cannot be ascertained, notice shall be given by posting in a conspicuous place on the adjoining land.
C. 
If the owner shall fail to complete such construction or reconstruction within 30 days of the service of the notice, the City shall cause the sidewalks to be constructed.
D. 
In cases where required the construction has been performed and verified, the cost of such construction shall be shared by the adjoining owner paying 50% and the City 50%, except for corner lots, which shall be assessed 50% for the shorter street frontage of the parcel and 25% for the longer frontage. Tax-exempt entities shall pay the full cost of such construction.
E. 
Assessment of costs.
(1) 
Whenever expenditures are to be shared pursuant to § 189-8D, the City Council shall serve a notice of at least 10 days upon the owner of such property stating that such expenditure has been made, its purpose and amount and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The City Council shall meet at the time and place specified. It shall hear and determine all objections that may be made to such assessment, including the amount thereof, and shall assess upon the land the amount as determined pursuant to § 189-8D, not exceeding the amount stated in the notice.
(2) 
If the amount so assessed is not paid within 30 days after such assessment, an action to recover the amount may be maintained by the city against the owner, or the amount thereof may be included in the next annual tax levy, or if such sidewalk construction was financed with municipal bonds, the amount may be levied annually during the term of such municipal bonds. Nothing herein contained shall be construed to prohibit the financing of the amount of such unpaid assessments pursuant to the Local Finance Law.
F. 
If/when monies are made available by the Council during the annual budgetary process for sidewalk construction, property owners are eligible for reimbursement in accordance with paragraph "D" (above) based upon the established reimbursement rate until funds have been exhausted. This is a first-come, first-serve program. Property owners wishing to take advantage of this program are required to provide a "paid in full" invoice to the Department of Public Works. The DPW will verify all work has been properly completed and submit reimbursement paperwork to the City Comptroller's Office if funds are available.
[Amended 10-23-1989 by Ord. No. 12-1989; 7-8-2019 by Ord. No. 10-2019; 7-25-2022 by Ord. No. 3-2022; 12-11-2023 by Ord. No. 8-2023]
A. 
The owner of every building or lot and the owner of every unoccupied building or lot adjoining which there is any sidewalk shall keep the same clean and free from dirt and rubbish, snow and ice. The owner of every building or lot adjoining which there is a sidewalk shall maintain the same in a state of good repair to provide safe passage to pedestrians. If any such person shall fail, neglect, or refuse to comply with the requirements of this section, the Director of Public Works may perform such work, and the cost of the same, together with an additional charge of 50% thereon to cover the cost of supervision and administration by the City, shall constitute a lien upon filing in the office of the City Comptroller and shall be collected at the same time and in the same manner as general City taxes.
B. 
If an owner disputes an invoice notice for snow removal, based on a claimed factual error or administrative error, said owner may, within 10 days of the date of the invoice notice, send a written appeal to the Director for the Department of Public Works who, upon receipt of said appeal, shall within 14 days, respond in writing. The Director's response to such an appeal shall apply a written form and standards for appeal and potential waiver of charges as developed by the Director for the Department of Public Works and approved by the City Council.
C. 
Any person aggrieved by the decision of the Director of Public Works shall have the opportunity to request an appeal before the City Manager. Any person requesting an appeal must submit the request in writing. All such appeals must be hand delivered, electronically delivered, or posted by mail within 10 days of the decision of the Director of Public Works. When a timely appeal has been made, the appeal shall be held pursuant to this section; any request for hearing received untimely shall not entitle the requesting party to an appeal. Upon receipt of a timely request for appeal, the City Manager shall, if practicable, set a hearing to be held within 10 business days, from said request and, further shall give no less than seven days' notice by regular mail or email to the requesting party of the time, date, and location of said appeal. The hearing may be reset by agreement of the parties, as confirmed in writing, but in no event shall the hearing be held any later than 45 days after the date of the action being appealed. The appeal shall be informal in nature, and the parties may be represented by counsel or appear on their own behalf. After reviewing the evidence presented, the City Manager shall make a written ruling within five days of the hearing affirming or vacating the decision of the Director of Public Works under this section. If affirmed the penalty must be paid within 30 days of the date of the appeal. If the citation is vacated it shall be as if the citation was never issued and no fines related to that specific citation are due or owing.
No person shall move any building, part of a building or oversize loads as specified in Vehicle and Traffic Law § 385 over, across or through any city street, lane or alley except with written permission of the Director of Public Works. Every such permit may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the Director of Public Works. All permits issued shall be revocable by the Director of Public Works at his discretion without a hearing or the necessity of showing cause.
No person shall, with intent to alter the top grade or earth of any street, alley, lane, square, sidewalk or crosswalk, remove, alter, pull up or move any post, pin, pipe, stake or mark or cause the same to be done which has been fixed or placed by the surveyor or engineer employed by the City.
[Added 12-7-1992 by L.L. No. 3-1992; amended 5-26-2015 by Ord. No. 11-2015]
Failure to comply with this section by any person shall be an offense punishable as provided herein, and a conviction shall be a "violation" as defined by the Penal Law of the State of New York. Violations shall be punishable by a fine of up to $100. Each 24 hours that a violation is continued shall be deemed a separate offense.