[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 22, Art. 1, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
Any person or persons, firm or firms, corporation or corporations,
association or associations, or any group of the same.
The head of the Engineering and Operations Division of the
Department of Public Works.
The Public Works Director of the Department of Public Works.
This article shall not apply to house service
connections.
The construction, including all work in connection
therewith, of any and all privately financed sewers, drains and manholes
in whole or in part in streets of the City and any and all privately
financed extensions, additions and alterations of or to any public
sewers of the City shall be done in accordance with the provisions
of this article.
Prior to the commencement of any such construction,
including all work in connection therewith, the applicant shall file
with the Public Works Director a written application, in duplicate,
executed by him on a form prescribed by said Director, setting forth
the following:
A.
The name, address and telephone number of the applicant.
B.
The interest of the applicant in such construction
either as the owner of specifically described property to be served
or benefited by such construction, when completed, or otherwise.
C.
The name and address of the contractor who is to do
the work, with such statement as may be required by said Director
as to such contractor's responsibility, including his competence,
experience, facilities, available equipment and his financial ability
to perform such work in a good workmanlike and expeditious manner.
D.
The location, size, length, depth and approximate
cost of the work.
E.
A commitment by the applicant that he will perform
or cause to be performed all the work in accordance with his application
and in accordance with the requirements of this article and not otherwise.
F.
Such other relevant data as may be required for the
information of said Director or the City Engineer in relation to the
matter.
Upon the filing of such an application in duplicate,
in proper form, the Public Works Director shall give it a number and
shall promptly transmit the duplicate copy thereof to the City Engineer
for the official records of his Division. The Director shall forthwith
make such investigation as may be required and thereafter present
such application with his written recommendations to the City Council.
The Council may require the City Engineer to review the application
for his recommendations. If satisfied with the favorable recommendation
of the Director and the City Engineer, if any, and of the contractor's
responsibility and that the work can and will be done expeditiously
and in a good and workmanlike manner in accordance with the provisions
of the application and of this article and without undue loss, hazard
or danger to the public or to public or private property by reason
of traffic or street pavement conditions, the proximity of water,
sewer or public utility lines, buildings, structures or other improvements,
the Council shall direct the Public Works Director to issue a permit
for the doing of the work involved in the construction, upon the applicant's
complying with the provisions of this article. The action of the Council
shall be duly recorded in its official minutes of the meeting.
If he deems it necessary, the City Engineer
shall thereafter prepare specifications and plans of the work to be
done and the manner in which and time within which the work is to
be done. Such specifications shall include but not be limited to size
and type of pipe, sewer or drain required; precise location and grade
of the line; joint and jointing material; number, location and type
of manholes, if any; grade, course and depth of the line; means or
methods of excavation; point or points of connection with the sewer
system of the City; such bracing, shoring and sheeting as may be required;
such underdrains as may be required; manner of removal of rock; protection
against subsurface water; protection of the public and of property;
removal and replacement of excavated material and of pavements, curbs
and sidewalks; and such other details with reference to the construction
as the City Engineer shall deem customary, desirable and proper for
adequate and well-drawn specifications for the character of work to
be done. Such specifications shall, so far as is practicable, be in
accordance with existing standards of the City for such work or with
standards to be reduced to writing by the City Engineer and approved
by the Council; subject, however, without restriction or limitation,
as to any change or variance from such standards and the imposition
of additional requirements where, under the circumstances of any particular
case, the City Engineer deems it advisable. A copy or copies of such
specifications when so prepared shall be furnished to the applicant
upon request.
The applicant shall thereupon file with the
Public Works Director the construction contract and specifications,
in duplicate, the same having been duly executed by the applicant
and the contractor and approved by the City Engineer. The applicant
shall, at the same time, file a bond of the contractor if and when
required to do so by the City Engineer, with sufficient surety to
the City in the amount of the contract, conditioned upon his and the
applicant's performing the contract. Said bond shall be in such form
as the Corporation Counsel approves. The applicant shall also file
insurance policies as to workmen's compensation and the public liability
and property damage indemnifying the City against loss, approved as
to form by the Corporation Counsel and as to amount by the City Engineer.
The duplicate executed copy of the contract and specifications shall,
upon receipt by the Public Works Director, be transmitted by him to
the City Engineer for the official records of his Division.
No one other than the contractor named in the application shall do the work and the permittee shall not authorize, suffer or permit any other than said contractor to do the work except as herein otherwise provided. All such work shall be done in accordance with the provisions of the contract and specifications, except when a change or variance in performance because of conditions and circumstances encountered is justified in the opinion of the City Engineer and is approved, in writing, by him. Any change or variance, except as permitted by the City Engineer as provided in § 407-6 and this section, shall constitute a violation of this article.
If the contractor referred to in the previous
section shall die or become incapacitated after the application has
been filed and a permit granted and before the completion of the work
or if he shall abandon the work or fail to proceed with the work in
an expeditious or good and workmanlike manner or for any other reason,
the permittee shall select another contractor to do the work, to remedy
any defective work or to finish the work. Such new contractor shall
not proceed until he shall have complied with all the requirements
of this article as was imposed upon or required of the contractor
designated in the first instance to the satisfaction of the City Engineer.
The City Engineer shall inspect the work as
it progresses, and if he is of the opinion that such work is not proceeding
in accordance with the plans and specifications, except as stated,
and the provisions of this article, he may order further work stopped
until the improper or defective work has been remedied or corrected
or, if the progress of the work is lagging, order it expedited. In
default of compliance with an order of the City Engineer, the Public
Works Director shall, upon the recommendation of the City Engineer,
revoke the permit. The permittee and his contractor shall not thereafter
proceed with the work. Disregard of any order of the City Engineer
under this section or the continuance of the work by the contractor
after the revocation of the permit shall be a violation of this article.
Such permit shall not be reinstated except on terms prescribed by
the Council after a hearing when requested by the contractor.
The City Engineer, following any revocation
of such permit, may order the permittee to refill any excavation remaining
from unfinished work and to complete the restoration of all paving,
curbing and sidewalks and the restoration of the location in all respects
to its original state and condition. In default thereof, the City
Engineer may do or cause the same to be done at the sole cost and
expense of the permittee or, if the City Engineer deems it advisable,
to replace or remedy any defective work or complete any unfinished
work or cause the same to be done, all at the sole cost and expense
of the permittee. Any violations of any provisions of this section
shall be separate violations of this article.
Nothing contained in this article shall authorize,
require or constitute approval by the City of any negligent, unlawful
or improper act or conduct on the part of the permittee or his contractor
in the performance of the work.
Upon completion of the work in a good and workmanlike manner, and in applicable cases upon the payment by the permittee or his surety of any costs and expenses of the City incurred under § 407-12 hereof, the City Engineer shall certify to the Council that all requirements of this article have been met or substantially met and complied with. Record of such certification shall be noted in the minutes of the Council, and upon such certification, said construction may be placed in operation and not before.
Upon the completion of the work, as aforesaid,
any and all sewers, drains, manholes, extensions, additions and changes
constructed under or by virtue of this article shall be the sole and
separate property of the City and subject to public use.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
