[Approved 10-17-1967 by Ch. No. 1135 as Secs. 6-29 through
6-36 of the 1966 Code]
A.
In the alteration, construction, demolition, reparation
or removal of any building or part thereof, no person shall erect
a fence, platform or staging in any street, or place, deposit or suffer
to remain in a street any building or other materials therefor, or
any material, rubbish or refuse therefrom, unless the owner of such
building or the contractor or other person undertaking such work shall
first obtain from the Director of Zoning and Code Enforcement a permit
therefor, specifying such portion of the street only for such use
as is reasonably necessary for the proper prosecution of the work,
and covering such time only as is reasonably required for doing the
work if begun promptly and prosecuted continuously and efficiently.
The Director of Zoning and Code Enforcement shall not grant any such
permit to cover more than 1/3 the width of the street between the
curblines.
B.
All such staging, fences and platforms shall be so
erected and secured as to be safe and sufficient for the purposes
for which they were erected, and no advertising shall be permitted
thereon.
C.
Such permit shall state that it is given subject to
the conditions and requirements of this article, and in other respects
shall be, and the application therefor shall be, in such form and
on such terms as the Director of Zoning and Code Enforcement may from
time to time determine.
In case any material, refuse or rubbish is to remain in a street after dark, the person doing the work shall cause a sufficient light to be placed over or near the same, and kept from sunset to sunrise. In case the Director of Zoning and Code Enforcement considers it necessary to secure the public safety, he or she may require the part of the street covered by the permit required in § 351-24 to be enclosed with such proper guards as he or she may designate.
A.
Whenever any person shall be about to erect a building
or alter the walls of a building that is located within five feet
of the line of a street, the Director of Zoning and Code Enforcement
may require such person to cause the portion of the site of such building
bordering upon the street to be enclosed by a tight board fence, not
less than four feet high, and such distance out from the line of the
building as the Director of Zoning and Code Enforcement may determine.
If such fence shall prevent passage on the sidewalk, a plank walk
shall be laid around the same not less than 30 inches wide. Such fence
shall be as much higher and the walk as much wider as the Director
of Zoning and Code Enforcement may direct. Such fence and walk shall
be maintained in good condition until all liability to accident from
falling material or the work being carried on shall be terminated.
B.
In lieu of such walk, if at any time during the erection
or alteration of a building the passage upon the street or sidewalk
can be better secured by the erection of a sufficiently strong tight-floored
platform over the sidewalk, the Director of Zoning and Code Enforcement
may require the erection of such a platform as shall be satisfactory
to him or her and the maintenance of the same in good condition as
aforesaid. In case any part of the sidewalk is fenced off under the
provisions hereof, such permit shall not cover any part of the remainder
of the sidewalk.
No person shall erect, place, deposit or suffer
to remain any fence, platform, plank walk, staging, material, refuse
or rubbish so as to obstruct the natural flow of water in any street
gutter.
If the person doing the work is delayed in completing
it for any good reason, the Director of Zoning and Code Enforcement
may in writing extend the time of the permit, but no longer than is
reasonably necessary. If the owner, contractor or other person undertaking
the work does not promptly begin to do the work, or abandons it for
any reason, or does not in the opinion of the Director prosecute it
with reasonable diligence, or violates any of the provisions of this
article, the Director of Zoning and Code Enforcement at any time after
notice may revoke the permit.
Upon the completion of the work, or the expiration
of the time of the permit, or the revocation of the permit, it shall
be the duty of every owner, contractor and other person undertaking
or doing the work or causing the same to be done to forthwith remove
from the street all such material, rubbish or refuse remaining therein,
and if any part of the street is damaged in connection with any such
building or other work, repair and restore the street to as good condition
as at the time of the beginning of the work.
In case of any neglect or refusal of the owner, contractor or other person to take the steps required by § 351-29, the Director of Zoning and Code Enforcement shall cause the same to be done, and the City may recover the expense of doing the same in an action of the case instituted by the Director of Zoning and Code Enforcement in the name of the City and brought against such owner, contractor or other person or any of them in any court of competent jurisdiction. In case any person shall erect, place or deposit any such material, refuse or rubbish in any street without such permit, or if having such permit shall erect, place or deposit the same therein outside the place covered by such permit, or shall violate any of the provisions of this article, the Director of Zoning and Code Enforcement, to secure the public safety or convenience, may forthwith cause any such material, refuse or rubbish remaining in any part of the street to be removed therefrom, and the City may recover the expense of such removal, repair or restoration in manner aforesaid.
No post or "dead man" for the use of derrick
or other guy ropes or wires needed for building purposes shall be
placed in any street without a special permit therefor from the Director
of Zoning and Code Enforcement. Such permit shall not, however, be
issued until such person has furnished a bond satisfactory to the
City Solicitor and conditioned to indemnify and save the City harmless
from all loss and damage and to cover all expense of repairing or
rebuilding the street after such posts have been removed. Such posts
or "dead men" shall be guarded by a red light during the nighttime
from sunset to sunrise.
