Unless otherwise expressly stated, the following terms shall, for the purposes of this Part 1, have the meanings here indicated:
ACCESSORY SIDEWALK CAFE
An accessory open-air seating area on a public sidewalk provided by a standard restaurant located on the adjoining property, where restaurant patrons can eat and drink.
[Added 7-11-2011[1]]
APPROVED, AUTHORIZED, ACCEPTABLE, SATISFACTORY, EQUAL, NECESSARY, ADEQUATE, SUITABLE, COMPETENT (or words of like import)
Respectively, approved by, authorized by, acceptable to, satisfactory to, equal to or necessary, adequate, suitable or competent in the opinion of the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
CITY
The City of Peekskill, New York.[2]
CORPORATION COUNSEL
The Corporation Counsel of the City of Peekskill or his duly authorized representative.
DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, SELECTED, PRESCRIBED, DETERMINED, CERTIFIED, SPECIFIED (or words of like import)
Respectively, the direction, requirement, permission, order, designation, selection, prescription, determination, certification or specification of the Director of Public Works.
[Amended 6-24-2019 by L.L. No. 3-2019]
DIRECTOR
The Director or Acting Director of Public Works of the City of Peekskill or his duly authorized representative.
[Added 1-28-1985; amended 6-24-2019 by L.L. No. 3-2019]
DRAINAGE SERVICE LINE
The pipe or conduit laid between its connection point on a stormwater drain and a building or property for the purpose of conducting waste, other than domestic sewage and other than injurious water liquids, from said building or property into said stormwater drain.
INVERT
The lowest point in the internal cross section of a sanitary sewer, stormwater drain, house sewer or drain.
PERMIT
The written permission issued with the approval and signature of the Director of Public Works and specifically authorizing a person, firm or corporation to perform certain work or in accordance with the provisions of the Charter and ordinances of the City of Peekskill.
[Amended 6-24-2019 by L.L. No. 3-2019]
PERMITTEE
The person, firm or corporation obtaining a permit or his or its duly authorized representative.
SANITARY SEWER
The lateral or street sewer or manhole built thereon in a public street, highway, sidewalk area, easement or other public area and under the control of the City.
SEWER SERVICE LINE
The pipe or conduit laid between its connection point on a sanitary sewer and a building for the purpose of conducting domestic sewage and noninjurious water liquids from said building into said sanitary sewer.
SIDEWALK DRAIN and CURB DRAIN
The pipe or other conduit laid under or across the sidewalk area between the curb or curbline and the property line for the purpose of conducting roof and surface water from buildings and the ground into the gutter.
SIDEWALK SIGN
A temporary sign designed to be placed on the City sidewalk which consists of two sign faces in a base or frame, joined together to form an A shape or similar style. Sidewalk signs are also known as sandwich boards.
[Added 8-15-2011[3]]
STORMWATER DRAIN
The lateral or main stormwater drain in a public street, highway, sidewalk area, easement or other public area and under the control of the City.
[1]
Editor’s Note: This resolution also added Art. XIIA, Accessory Sidewalk Cafe Permits.
[2]
Editor's Note: The definition of "Commissioner," which immediately followed this definition, was repealed 1-28-1985.
[3]
Editor’s Note: This resolution also added Art. XIIB, Sidewalk Sign Permits.
A. 
The permittee shall not begin or carry on any part of the work provided to be done under any permit issued in accordance with the provisions of this Part 1, except in the event of approved emergencies, without first notifying the Director not less than 24 hours in advance thereof (Saturdays, Sundays and holidays not included) and obtaining the Director's approval therefor.
B. 
The Director shall not be required to inspect any work done under the provisions of this Part 1 unless the permittee shall have given said Director not less than 24 hours' notice that said work is ready for inspection.
C. 
No work provided to be done under said permit shall be performed on Saturdays, Sundays or holidays except with the prior approval of the Director or in the event of an approved emergency.
A. 
Any expenses that may be incurred by the City in connection with the work to be done under the provisions of the permit and/or in the enforcement of this Part 1 shall be paid by the permittee within 10 days after the Director shall have sent the permittee a statement of such expenses as certified by said Director.
B. 
If not paid by the permittee within the above-specified period, said expenses shall be deducted from the deposit as herein provided for.
C. 
The Director may, at his or her discretion, assign a representative to inspect, on behalf of the City, the work to be done under the provisions of any permit granted to a permittee, in which case such permittee shall pay, in addition to the fees provided in the Consolidated Fee Schedule maintained in the office of the City Clerk, to the City, by check payable to the City of Peekskill, a weekly amount to be determined and established by the Director for each week or fraction thereof that such work shall be in progress, as payment for such inspection.
[Amended 9-25-2017 by L.L. No. 2-2017]
D. 
Said permittee shall be billed by the City of Peekskill for any inspection and/or other expenses incurred by the City of Peekskill by reason of any failure or default on the part of said permittee as determined and certified by the Director, and such bill shall be paid within 30 days after the same shall have been billed by the City. This section shall not apply to a public service corporation. (For a public service corporation, see Article III, § 505-24.)
A. 
All materials used or incorporated in any work done under the provisions of this Part 1 shall conform to such specifications as may be promulgated by the Director.
B. 
In general, the current standard specifications of the Department of Public Works shall be followed, subject to the prior approval of the Director before these materials are incorporated in the work.
[Amended 6-24-2019 by L.L. No. 3-2019]
C. 
Materials shall, at the discretion of the Director, be submitted to such tests as may in his opinion be necessary to determine their quality and acceptability. Such tests may be made in any laboratory designated by the Director, and the City shall be reimbursed by the permittee for any expense incurred by said City on account of such tests.
[Amended 6-24-2019 by L.L. No. 3-2019]
All work related to any permit issued pursuant to the provisions of this Part 1 shall be performed by the permittee at said permittee's own expense and strictly in accordance with the provisions of the Charter and ordinances of the City, the applicable rules and regulations of the Department of Public Works and such specifications as may be promulgated by the Director, and to the satisfaction of the Director.
The permit must be in the possession of the parties actually doing the work and must be exhibited to the Director or to any authorized representative of the City upon request.
The Director shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.
The permit must be in the possession of the parties actually performing the work, and no permit shall be transferred to another person, firm or corporation without the prior written consent of the Director.
A. 
The permittee shall clean up and remove promptly 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.
B. 
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 previously.