City of Jamestown, NY Licenses and Permits

No person shall, within the City, engage in any business or do anything specified in this chapter, without first having obtained a license therefor and having obtained the permit, filed the bond or paid the license fee or both, as required by this chapter.

§ 175-2 Applicability to public auctions.

This chapter shall not be deemed to affect such sales as are required by law to be held at public auction.[1]

[1]

Editor's Note: Former Section 16.3, Refund for owners or operators of theaters, concert halls, etc., which immediately followed this section, was deleted 8-10-1992 by L.L. No. 2-1992.

§ 175-3 Schedule of fees.

[Amended 9-2-1969; 6-14-1976; 7-28-1986; 12-26-1990]

Classification of licenses and permits.

[Amended 2-11-1991; 8-10-1992 by L.L. No. 2-1992]

(1)

The classification of licenses and permits required by this chapter and the fee term and expiration date therefor shall be as provided in the following table:

[Amended 9-28-1992 by L.L. No. 5-1992; 10-24-1994; 11-27-1995 ; 1-25-1999; 12-20-1999; 12-18-2000; 2-24-2003; 11-15-2004; 12-21-2005; 1-30-2006; 11-23-2009; 11-29-2010; 11-27-2012; 11-26-2013; 7-31-2017]

Classification		Permit or License	Fee	Term	Expiration Date
Amusement device fee		License	$100 per machine	Annual	June 30
	Additional inspection		$75	Per inspection	--

Auction and auctioneers fee, plus surety bond of $5,000
	1 to 2 occasions	License	$100	Annual	December 31
	3 to 10 occasions	License	$250	Annual	December 31
	Greater than 10 occasions	License	$500	Annual	December 31
Billposter		License	$50	Annual	1 year from date of issuance
Bowling alley (per lane)		License	$25	Annual	1 year from date of issuance
Circus and menagerie		License	$600	Annual	1 year from date of issuance
Dance, public		License	$50	Annual	1 year from date of issuance
			$10	Daily	Date of issuance
Electrical Inspector		License	$325	Annual	March 1
Electrician Class 1		License	$325	Annual	March 1
	With late penalty (March 1 to May 1)	License	$340	Annual	March 1
Electrician Class 2		License	$125	Annual	March 1
	With late penalty (March 1 to May 1)	License	$140	Annual	March 1
Electrician license application fee		--	$30	Per application	--
Limousines		--	--	--	--
Pawnbroker		License	$300	Annual	1 year from date of issuance
Peddling and soliciting, plus surety bond of $5,000		License	$500	Annual	December 31
	Duplicate license	--	$10	--	December 31
Plumber, master
	Examination fee		$150
	License fee	License	$100	Annual
	License reinstatement fee		$10
	Reinstatement fee (after April 30)		$50
	Reexamination fee (after July 31)		$150
	Out-of-town contractor fee		Exam fee of $450 plus annual license fee of $100
Plumber digital photo identification			$5
Plumber, retired (over age 60)			$30
	Reinstatement fee		$100
Plumber, journeyman
	Examination fee		$20
	License fee	License	$20	Annual
	Reinstatement fee (after April 30)		$5
	Reexamination fee (after July 31)		$20
	Out-of-town contractor fee		Exam fee of $100 plus annual license fee of $20
Plumber, apprenticeship fee			$5	Annual
Sales, special (closing)		License	$500 (refund of $425; see § 229-7)	30 days	30 days from date of issuance or 60 days if 30-day renewal applied for
Secondhand dealer and junkyard, plus surety bond of $10,000		License	$150	Annual	April 30
Sign installation		Permit	$30	Annual	December 31
Site plan review
	Staff	--	$100	--	--
	Commission	--	$150	--	--
Solid waste hauler, private		License	$200	Annual	August 31
	Additional vehicle	--	$50	--	--
Street obstruction		Permit	$25	Per occurrence	--
Storage of impounded motor vehicles on City property		--	$60 per day	--	--
Taxicab/livery business, per taxicab/livery		License	$125	Annual	December 31
	Transfer/replacement	License	$25	Per occurrence	--
	Additional inspection		$20
Taxicab/livery driver		License	$40	Annual	December 31
Tower		--	$250	--	--
	Additional vehicle	--	$50	--	--
Transient retail merchant, plus surety bond of $5,000		License	$400	Week	11:59 p.m. Saturday
Zoning Board of Appeals application		--	$150	Per	--

(2)

Anything herein contained to the contrary notwithstanding, in those instances where an individual is an applicant for a license or permit reflected on the aforesaid fee schedule and said individual is 75 years of age or older on the date of the commencement of the term of the license or permit for which application is made, the fee for such license or permit shall be 50% of that specified above. Applications to the Zoning Board of Appeals and the dog license local fee shall be as provided on the aforesaid schedule of fees regardless of the age of the applicant.

[Added 6-13-1994]

Fees for the issuance of building permits shall be as follows:

[Amended 1-13-1992; 4-29-1996; 12-18-2000; 12-18-2002; 4-19-2004; 12-20-2004; 2-28-2005; 12-21-2005; 3-19-2007; 11-17-2008; 3-23-2009; 10-26-2009; 11-23-2009; 4-26-2010; 5-23-2011; 11-27-2012; 7-25-2016; 12-19-2016; 11-26-2018; 10-26-2020]

Type of Permit			Fee
New residential structures (1- or 2-family dwellings)
		Up to 1,200 square feet of floor space	$125
		1,200 square feet to 1,800 square feet of floor space	$175
		Over 1,800 square feet of floor area	$225
New multiple dwelling units			$200
		Additional unit	$50
Residential additions and alterations			$100
Minor residential additions and alterations			$75
New commercial/industrial buildings or structures
		Up to 3,500 square feet of floor space	$250 plus $0.25/sq. ft.
		3,500 square feet to 10,000 square feet of floor space	$350 plus $0.25/sq. ft.
		10,000 square feet to 35,000 square feet of floor space	$550 plus $0.25/sq. ft.
		Greater 35,000 square feet of floor space	$1,050 plus $0.25/sq. ft.
Additions to existing commercial/industrial buildings or structures
		Up to 3,500 square feet of floor space	$250 plus $0.25/sq. ft.
		3,500 square feet to 10,000 square feet of floor space	$350 plus $0.25/sq. ft.
		10,000 square feet to 35,000 square feet of floor space	$550 plus $0.25/sq. ft.
		Greater than 35,000 square feet of floor space	$1,050 plus $0.25/sq. ft.
Renovation/alteration to existing commercial structures			$100 plus $0.25/sq. ft.
Reroofing			$25
Garages, detached
		Under 600 square feet	$40
		Over 600 square feet	$70
Fences			$25
Storage buildings
		Up to 250 square feet of floor space	$45
		Over 250 square feet of floor space	$70
Decks, porches, patios
		Up to 200 square feet of floor space	$35
		Over 200 square feet of floor space	$60
Sign permits
		Per square foot	$1.25
		Minimum fee per side	$100
Installation			$30
Swimming pools			$100
Demolitions
		Residential structures	$100
		Commercial/industrial buildings or structures	$200
Parking lots
		1 to 12 spaces	$100
		13 or more spaces	$150
Street opening permits			$75
Street opening permits, sidewalk replacement only			$25
Encroachments
		New	$75
		Renewal	$50
		Recorded encroachments (annual fee)	$25/year
Work in the right-of-way permits			$75
Individual right-of-way permits, per address			$75
		The contractor/entity will make application to the City of Jamestown Department of Public Works for each individual permit required. An individual permit is required for each City address upon which work is to be performed, or upon which access is required for any business purpose, in the City’s right-of-way. Upon review and approval of the application, a permit or, in the case of multiple addresses, permits will be issued, for a period not to exceed two weeks. If the work in the right-of-way exceeds two weeks, the contractor/entity must pay an additional $75 for each individual permit and for each additional two-week period.
		Failure to apply for and pay for the individual right-of-way permit(s) will result in a doubling of the permit fee for a first occurrence and a mandatory penalty of $250 for each subsequent occurrence. Additionally, any entity or individual contractor who violates this section may forfeit any future ability to work in the City of Jamestown right-of-way at the discretion of the Director of Public Works.
Annual right-of-way permits: utility companies
		Board of Public Utilities	$50,000
		National Fuel Gas Distribution Corporation	$15,000
		Windstream	$13,000
		Time Warner Cable	$8,000
		DFT Communications	$8,000
		Zito Media L.P.	$8,000
		First Light Fiber	$8,000
	Notwithstanding the foregoing, the above-named utility companies can annually elect to either 1) pay the annual right-of-way fee set forth above or 2) pay on a per-instance/address basis by obtaining individual right-of-way permits for all work or business conducted in the City’s rights-of-way as necessary.
	The entity electing to pay the annual right-of-way permit fee will pay the full amount of the annual fee on or before December 31 of the year preceding the year for which the annual permit is to be issued. Failure to pay by December 31 will be interpreted as an election to pay on a per-instance/address basis, and the entity will be subject to the requirements applicable to the issuance of individual right-of-way permits with respect to all work or business conducted in the City’s rights-of-way. An entity can elect to pay its annual fee after December 31; however, the entity will be responsible for the full amount of the annual fee, regardless of the date paid, and will not be entitled to any credit for any individual permit fees paid.
Storm sewer connection permit
		6 inches or less in diameter	$60
		Greater than 6 inches in diameter	$350
Billboard
		Per square foot	$1.25
		Minimum per side	$100
Operating permit			$50
Special hauling permit for overdimensional and overweight vehicles
		Overdimensional
		One trip, one route	$25
		One year, all City roads (multiple trips)	$200
		Overweight
		One trip, one route (plus an engineering load analysis for structure of $50)	$10
		One year, one route (multiple trips) (plus an engineering load analysis for structure of $50)	$250
		One year designated route (multiple trips) (See attached listing of designated routes per § 290-53 of the Jamestown City Code.)	$250

NOTE: Floor area shall not include cellar, noninhabitable basement, noninhabitable attic or carport, but shall include accessory garage. Floor area shall be based upon outside dimensions of the building.

In all instances where a building permit, plumbing permit or street opening permit is not requested or issued until after the project is commenced, the above fees shall be automatically doubled in amount, to reflect the additional time and expense incurred by the City in inspecting and approving said projects.

[Added 7-28-1992]

Fees for Fire Department services shall be as follows:

[Added 9-18-2000; amended 1-22-2001; 12-21-2005; 11-23-2009; 11-27-2012; 12-28-2020]

Type of Service	Fee
Ambulance service assistance	$100
Ambulance transport
Advanced life support (ALS-1) - emergency (427)	$1,350
Advanced life support (ALS-2) - nonemergency (426)	$1,150
Basic life support (BLS) - emergency (429)	$950
Basic life support (BLS) - nonemergency (428)	$850
Loaded mileage (425)	$30
Response and treatment, no transport (998)	$50
Fire Department master box alarm	$225
Commercial and industrial	$200 annually
Hazardous materials spill response - fire	$275 plus expenses
Technical rescue
Light-duty rescue	$300
Heavy-duty rescue	$500
Industrial/commercial rescue	$800
Vehicle fire	$250
File search/fire incident report	$12
Requests for specialized equipment - non-fire incident	Billed at a rate at or equal to an established and current Federal Emergency Management Agency Equipment Schedule

Billing of fire inspection; code enforcement noncompliance fees. The noncompliance fee shall be the hourly inspector's salary rate multiplied by the number of hours expended in reinspections after the fire/life safety order has been issued (two-hour minimum) and shall be paid by the owner. The first reinspection after the fire/life safety order has been issued will not be charged to the owner if the property is in compliance at the time of that reinspection. If the property is not in compliance at the time of the first reinspection, then time involved in all subsequent reinspections shall be chargeable as a noncompliance fee.

[Added 9-18-2000]

Plumbers.

[Added 9-25-2006; amended 11-27-2012; 11-26-2013]

Type of Service/Permit		Fee
Plumbing permit, repairs/replacement		$30
Filing fees
	One- or two-family dwellings	$20
	All other plans	$30
Varied fixture fees
	Per-fixture fee	$5
	For the purpose of computing plumbing permit fees, a fixture shall be defined as automatic clothes washer, bathtubs, bidet, dishwashing machine, drinking fountain, emergency shower and eyewash station, food waste grinders, garbage can washer, laundry tray, lavatories, showers, sinks, urinals, water closets, whirlpool baths, healthcare fixtures and equipment, specialty plumbing fixtures, faucets and other fixture fittings, manual food- and beverage-dispensing equipment, floor sinks and service sinks.
Sanitary sewer installation/replacement
	From main to house/building	$50
Water line installation/replacement
	From curb stop to house/building	$50
Backflow prevention device		$50
Sanitary sewer taps
	One-, two-, and three-family dwellings	$200
	Four or more units	Add additional $50/each unit
	All other taps	$400
	Buildings having both residential and nonresidential use serviced by one water line shall be assessed fees as established for “all other taps.”
Sanitary sewer dye test		$75
Water tap
	Note: Plumbing contractor must excavate minimum of 4 square feet at least 6 inches below water tap. Fee includes BPU installation, corporation cock, curb stop and street box. Call BPU at 661-1660 for fee information.
Water meter
	The property owner is responsible for damage to the water meter and will be responsible for the meter cost and installation charge. Call the Water Department at 661-1660 for fee information.
Testing water meter (disputed water bill)
	Meter 3/4 inch or smaller	$25
	Meter larger than 3/4 inch	$50
Inside inspections (minimum of 1 to 2 inspections per job)		$25 each
Outside inspections (minimum of 1 inspection per job)		$25 each
Other inspections (includes demolition of water and sewer line)		$40

PLEASE NOTE: All fees will automatically be doubled if an approved permit is not secured before work commences.

§ 175-4 Bonds.

[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 3-23-2009; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]

As a prerequisite to the issuance of a business license as required by this chapter, the following applicants shall file with the City Clerk/Treasurer a bond in the amount hereinafter shown, which bond shall be approved by the City Clerk/Treasurer:

Classification		Amount of Bond
Auctioneers		$1,000
Building mover		$100
Circus and shows usually called "Wild West Shows"		$200
Circus and menagerie		$200
Excavation		$50,000
Lifting machine, lung testers,		$50
	ring boards, striking machines, rope walking, revolving swings and trained animal shows in street or halls	$100
Performances or exhibitions under cover, other than a circus or menagerie		$100

§ 175-5 Demolition of buildings.

Permit required. No building or structure of any size or character within the City shall be torn down, demolished, wrecked, dismantled or otherwise razed, in whole or in part, or moved upon or removed from any premises by any person without a permit therefor from the Building Inspector.

Application for permit. The application for such permit shall be in the form required by the Building Inspector. Before any such permit is issued by the Building Inspector, the applicant shall:

[Amended 12-26-1990; 10-24-1994]

(1)

If required by law to secure worker's compensation insurance, file in the office of the Building Inspector a certificate of insurance of an insurance carrier approved by the State Industrial Commissioner as proof of worker's compensation insurance coverage.

(2)

If demolition is for a building or structure located within an R-1 or R-2 Zone, such as defined by Chapter 300 of this Code, file a certificate showing that the owner or contractor is insured against public liability and property damage in connection with such demolition in the sum of at least $500,000 for injury and/or death to one person and at least $1,000,000 for injury and/or death to more than one person and in the sum of at least $1,000,000 for property damage; if the building or structure sought to be demolished is located in a zone other than an R-1 or R-2 Zone, file a certificate showing that the owner or contractor is insured against public liability and property damage in connection with such demolition in the sum of at least $1,000,000 for injury to one person and at least $3,000,000 for injury to more than one person and in the sum of at least $1,000,000 for property damage. All insurance certificates required herein shall provide a clause thereon which states as follows: "The owner or contractor shall save and hold harmless the City of Jamestown and its agents, servants, officers and employees from any and all damages and liability by reason of bodily injury and/or death and/or property damage arising either directly or indirectly from the work to be performed under the terms of the demolition permit, irrespective of the cause of such injury or damage." The City of Jamestown shall be named as an additional insured on all policies of insurance and insurance certificates required herein for purposes of coverage but not by payment of premium. Anything herein contained to the contrary notwithstanding, no certificate of insurance or insurance coverage shall be required for demolition actions undertaken by the owner or contractor on a structure totaling not more than 300 square feet in gross floor area. For purposes of this provision, the terms "building" or "structure" are deemed to be as such are defined by the New York State Uniform Fire Prevention and Building Code.

(3)

Pay the fee for a permit for the demolition of a residential structure or the fee for a permit for the demolition of a commercial or industrial structure, as indicated in § 175-3B of this Code.

[Amended 12-21-2005]

(4)

Give written proof that the Police Department has been put on notice of the proposed demolition.

(5)

Give written proof that the Fire Department has been put on notice of the proposed demolition.

[Amended 2-24-2003]

(6)

Provide written certification that all utility companies have been notified of the proposed demolition.

(7)

Agree in a written instrument signed by the owner or contractor to conditions of closure of the site after demolition is completed. Such conditions, as determined by the Building Inspector, shall include but are not limited to the following:

(a)

The owner or contractor will be required to supply backfill material to bring work areas within two inches of finished grade. The backfill material shall be normal run-of-bank gravel free of refuse and/or other materials dangerous to plant growth. The maximum size of the material shall be two inches. Rate of application shall be as needed, compacted.

(b)

The owner or contractor shall grade the subbase, by knocking down high spots and/or by backfilling with approved select fill material. Any backfill shall be compacted and placed to a grade able to receive topsoil as specified. Compaction shall be equal to a 95% standard proctor density of material.

(c)

After completion of rough grading, approved topsoil shall be spread and raked over the demolition site to a uniform compacted depth of at least two inches to bring to finish grade. All stones and debris in excess of one inch shall be removed from the area.

(d)

Topsoil, to be furnished by the owner or contractor, conforming to the New York State Department of Transportation Specification 713-01, Topsoil, shall cover the site to a minimum compacted depth of two inches. It shall be free of stumps, roots, brush, stones, clay lumps or similar objects larger than two inches in greatest diameter. The topsoil shall be approved by the Building Inspector.

(e)

Commercial 5-10-10 fertilizer shall be applied to the well-pulverized soil by a mechanical spreader at the rate of 25 pounds per 1,000 square feet and worked into the soil.

(f)

The standard and quality of the seed shall be as specified in the New York State Department of Transportation Specification 713-04, Seeds. The approved seed is to be applied at the rate of 15 pounds per 1,000 square feet. Seeded areas are to be lightly raked so as to bury seed approximately 1/4 inch and lightly compacted.

(g)

Mulch material shall be hay mowings of acceptable herbaceous growth or straw, free from noxious weeds. Approved mulch shall be spread at a uniform rate by hand or by machine sufficient to completely hide the soil from view. Care must be taken to not smother seedlings.

(h)

As required by the Building Inspector, approved measures shall be undertaken to control soil, seed, mulch, silt and other sediments from flowing off the site.

(i)

Should the demolition site in question be designated as a site for new construction, such construction shall commence within 60 days of demolition. Sites designated as those for new construction are only required to comply with Subsection B(7)(a) of this section. Those sites that are designated for new construction shall be required to comply with this section within a reasonable time frame not to exceed 30 days.

(j)

At the discretion of the Jamestown Planning Commission, portions of the demolition ordinance time frame referenced in the above Subsection B(7)(i) may be waived. Requests for such waivers shall be submitted to the Jamestown Planning Commission, in writing. Criteria to be examined for the potential granting of such waivers shall include, but are not limited to, inclement or seasonal weather or other hardships that are not self-created. All such waivers shall be recorded by the Jamestown Planning Commission.

Removal of demolition and associated debris. All demolition and associated debris shall be promptly removed from the area, and the final time for removal of debris shall be determined by the Building Inspector and noted on the demolition permit. Materials which are to be salvaged may be allowed to remain on the premises for a longer period of time as may be determined by the Building Inspector and noted on the demolition permit.

[Amended 10-24-1994]

Plan of demolition. The plans and method of demolition, including starting and closing dates, shall be fully set forth by the applicant. In the event that explosives are to be used, the applicant shall designate the name of the licensed operator who will handle the explosives.

Obstructing streets. No materials or equipment shall be allowed to remain in the public right-of-way unless special permission is granted. In such later event, the application shall comply with the requirements of this Code relating to obstructions in streets.

Use of equipment. The use of a swinging weight, clamshell bucket, power shovel, bulldozer or other mechanical contrivance for the purpose of demolishing walls shall be in accordance with the following requirements:

(1)

Where a swinging weight is used, a zone of demolition at least 1/2 times the height of the structure or portion thereof being so demolished shall be maintained around points of impact.

(2)

Where a clamshell bucket is being used, a zone of demolition shall be maintained within 25 feet of the line of travel of the bucket.

(3)

Where other mechanical contrivances are being used to effectuate total or partial collapse, there shall be maintained in the area into which the affected portion may fall a zone of demolition at least 1 1/2 times the height of the structure or remaining portion thereof.

Protective barrier required. All structures under demolition shall be completely encircled with a fence or other suitable barrier, sufficient in height and strength to prevent casual public entry onto the premises under demolition and to further prevent the entry of children and animals onto the premises under demolition.

No person or corporation shall, after the demolition of any building, deposit or cause to be discharged the waste materials therefrom at any dump, incinerator or other refuse site operated by or for the City of Jamestown or upon any other property owned by said City, unless he shall file with the City Clerk/Treasurer a bond equal to 1/3 of the last assessed valuation of such building or 1/2 of that amount in cash conditioned to insure the proper handling and discharge of such waste materials in a manner satisfactory to and within a time period specified by the Director of Public Works.

[Amended 3-21-1966; 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]

Revocation of permit. The Building Inspector shall have the authority to revoke any permit when, in his opinion, based upon an inspection of the site or any other investigation, the applicant has violated any of the terms of his permit or failed to comply with any of the requirements of this section. All work shall cease upon the revocation of the permit.

Waiver of provisions. The Building Inspector shall have the authority to waive any or all of the provisions of this section when, in his discretion, public safety and property rights are not endangered by the proposed demolition. The size of the building and its location in relation to other buildings and abutting property shall be determinative. In all cases of proposed demolition, however, a permit must be obtained.

Appeals. Any person aggrieved by a determination made by the Building Inspector pursuant to this chapter shall have the right to appeal such determination to the Housing Board of Appeals. An appeal as herein provided shall be commenced no later than 10 days after final determination is made by the Building Inspector.

[Added 8-23-1976]

§ 175-6 Impoundment of motor vehicles.

[Added 10-24-1994; amended 11-23-2009; 11-27-2012]

Whenever a motor vehicle is impounded by the Jamestown Police Department or other police agency for any reason authorized by law and such motor vehicle is stored on real property owned by the City of Jamestown during the period of impoundment, the owner of such motor vehicle shall pay to the City of Jamestown a storage fee of $60 per day for each day or any portion thereof that said motor vehicle is stored on City property, together with towing charges, if any, incurred by the City of Jamestown in the impound of such motor vehicle and an administrative fee of $300. No motor vehicle lawfully impounded by the Jamestown Police Department or other police agency which is stored on real property owned by the City of Jamestown shall be released to the owner thereof until such time as such impound is authorized by the Chief of Police or authorized officers under his command or by the impounding police agency other than the Jamestown Police Department, nor shall any such motor vehicle be released from impound until such time as all storage fees, administrative fees and towing charges are paid to the City of Jamestown as authorized herein.

§ 175-7 Sewer connections; fee.

[Added 9-15-2003]

Upon the completion of any sewer in any street or alley in said City, the General Manager of the Jamestown Board of Public Utilities may proceed to make all connections with said sewers. The City Council is empowered to compel by ordinance any person or persons to complete connections with such sewers. The General Manager of the Jamestown Board of Public Utilities shall certify, under oath, to the Director of Assessments the cost and expenses of making such connections with the sewer and extending the same as aforesaid to the owner of the lot or plot of land to which it has been extended. All costs and expenses incidental to the installation and connection of a building sewer shall be borne by the owner.

Thereafter, the Director of Assessments shall proceed to hold a public hearing for the review and correction of such assessments in the same manner upon the same notices, with the same procedure and legal effects, as are provided for the review and correction of paving assessments by such Director, by the Charter and except as otherwise provided in this section. The City Council shall have the power and it shall be its duty annually thereafter at the time of levying the annual taxes in and for said City to levy the amount of such cost and expense as charged against such land and the owner and owners thereof that shall be required to pay any portion of such costs and expense, and the same shall be collected and enforced as other taxes are collected and enforced in said City.