[HISTORY: Adopted by the City Council of the City of Batavia as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-26-1981 as Ch. 44, Arts. I to IV and VI, of the 1981 Code]
This article shall be known and may be cited as the "City of Batavia Streets and Public Places Ordinances."
No person shall expectorate upon any sidewalk or public place within the city.
No owner or occupant of any store or building shall obstruct the sidewalk for more than three feet from the store or building with goods or merchandise.
Definitions. As used herein, the following terms shall have the meanings indicated:
- OUTER LIMITS OF THE SIDEWALK
- The outer or street side of any sidewalk; in localities where the sidewalk is not clearly visible because of a covering of cement or blacktop, or otherwise, the outer limits of the sidewalk shall be determined to be a projection of the outer line of the sidewalk measured along the entire length of the street.
- The lands lying between the street curb and the outer limits of the sidewalk running parallel with such street curb.
Prohibitions. It is unlawful for any person to deposit, place, display or store, or to permit or allow to be deposited, placed, displayed or stored, any goods, wares or merchandise of any kind, either for sale or otherwise, or to erect or maintain any sign, in any parkway in the city.
No person shall play baseball or any other game in the roadway of any street.
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall file with the Director of Public Works a statement and map giving in detail the location of the structure so abandoned. Whenever any abandoned improvement has to be removed, the person who has abandoned such improvement shall pay the cost of same to the city upon certification of the cost thereof by the Director of Public Works.
Responsibility. The owner, occupant or lessee of any lot or lands adjoining any public sidewalk shall keep the same free from snow, slush or ice. In case of failure or neglect to comply with this requirement within 24 hours following any storm depositing such snow, slush or ice, such may be removed by the Department of Public Works at the direction of the Director of Public Works. Failure to complete such removal shall not be deemed an act of negligence by the City of Batavia.
Cindering, sanding. In the event that snow, slush or ice may become frozen on sidewalks in such a way that removal is difficult or injurious to sidewalks, the sidewalks shall be rendered safe for public travel by use of cinders, sand or other suitable materials and shall be properly cleaned thereafter when weather permits. If any owner, occupant or lessee of lots or lands abutting sidewalks fails to comply with this requirement, the walks shall be rendered safe by the Department of Public Works and thereafter cleaned at the direction of the Director of Public Works.
Work performed by Department of Public Works. Any work performed by the Department of Public Works pursuant to this section shall be charged against the property owner and shall be billed and collected by the Clerk-Treasurer. Such charge shall be a lien on the adjoining realty to the same extent as city taxes, and may be included in the general city tax roll and enforced in the same manner as other city taxes. All actual items of work, including labor and materials, plus an administrative and supervisory expense of 50% thereof, shall be charged; provided, however, that the minimum charge for each occurrence shall be $5 per lot or parcel of land.
Permit required. It shall be unlawful for any person to use, block or obstruct any portion of a sidewalk, street or other public place or thoroughfare in the city in any manner or for any purpose, either by the deposit of materials or otherwise, for a period longer than until sunset of the same day, without a permit therefor from the Director of Public Works or his designee.
Authority to issue permit; limitations. The Director of Public Works or his designee may issue a permit to any person performing work on any premises, or on or in any street or sidewalk adjacent thereto, to temporarily occupy a part or all of the sidewalk and a portion of the adjacent street, but not more than 1/3 of the width thereof fronting on the premises, for a period of not to exceed 30 days.
Insurance. The applicant shall file with the Director of Public Works or his designee either a surety company bond in the penal sum of $10,000 approved by the City Attorney or a contingent liability insurance policy, approved by the City Attorney, which bond or insurance policy shall insure the City of Batavia against legal liability for damages for injuries to the public resulting from such work. The liability insurance shall be in the amount of not less than $10,000 liability for injuries to one person and not less than $20,000 liability for injuries sustained in each accident, and against legal liability for property damage in amount of not less than $10,000. The insurance policy shall also state that it shall remain in full force and effect until the expiration thereof and that it shall not be terminated or canceled for any reason except after 10 days' written notice of such proposed termination or cancellation has been served upon the City of Batavia.
Fee. The fee for the permit shall be as set from time to time by resolution of the City Council. A renewal thereof may be granted by the Director of Public Works or his designee in proper cases for like periods of time at the same rate upon consent of the Council.
Barriers and other protection. Every permittee shall, during the time of such street or sidewalk obstruction, protect the public by the erection of a proper barrier, barricade, fence, covered walk, or such other protection as may be required by the Director of Public Works, and no work shall proceed under the permit until the Director of Public Works has approved such protective measures.
Warning lights at night. During the hours from sunset to sunrise every permittee shall display on and around the obstructed part or parts of the street or the sidewalk such number and type of warning lights as shall be deemed proper and necessary by the Director of Public Works.
Display of permit. Every permittee shall, during the performance of the work, either keep his or her permit securely posted on a conspicuous place on the premises, or have such permit readily available, and he or she shall produce and exhibit the same upon request to any police officer or other proper authority of the city.
Definitions. As used in this section, unless the context or subject matter otherwise requires:
- A public street, public right-of-way, highway, sidewalk, parkway, alley, parking lot or any other public way accepted or maintained by the city.
- STREET OPENING
- Any kind of excavation, tunneling or pavement cut made in or under a street.
Permit. It is unlawful for any person to make any opening in any street without first securing a permit from the Director of Public Works or his designee; provided, however, that any person maintaining pipes, lines or other underground facilities which are under the surface of any street may proceed with an opening without a permit when emergency circumstances demand that work be done immediately. Such person shall thereafter apply for a permit on the first regular business day in which the office of the Director is open for business and the permit shall be retroactive to the date when the work was begun.
Application for permit; fee; authority.
Applications for permits shall be made on forms provided by the city. The application shall describe the location, kind, estimated size of the opening, estimated time necessary to complete the project and shall include a copy of plans and specifications for such project as required by the Director. Fees for each permit issued shall be paid in accordance with the fee schedule set from time to time by resolution of the City Council.
Notwithstanding the foregoing, no fee shall be charged to public utilities where the permit is required for relocation due to street reconstruction. A separate permit shall be issued for each separate location where any street opening is made. No permit shall be transferable and each permit shall be valid only for the location specifically designated in the permit.
Specifications and regulations. The Director from time to time shall establish such specifications and regulations for street openings and the restoration thereof as may be reasonably required to protect the best interests of the city. Street openings and the restoration thereof shall be made by the permittee in accordance with the regulations and specifications so established and the permittee shall be responsible for the maintenance of the restoration site for a period of two years after such restoration has been tentatively approved by the Director. The permittee is responsible for the site during construction. If at any time the Director determines that the city should intervene in order to safeguard the public, he may order city forces to preform whatever work is necessary, and all costs will be reimbursed to the city by the permittee.
Deposit or bond.
When each permit is issued, the permittee shall deposit with the city an amount equivalent to the estimated cost of the restoration work to be done as determined by the Director, and upon completion of the restoration and tentative approval by the Director, 90% of the deposit shall be refunded. The balance of 10% shall be refunded upon a final inspection and approval of the work but no sooner than one year after the tentative approval has been given.
In lieu of the restoration deposit an applicant may furnish the city with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by the permit with the provision that 10% of the amount of the bond shall continue in effect during the maintenance guarantee period. If any permittee anticipates requesting more than one permit per year, he or she or it may furnish a corporate surety bond in such amount as the Director determines to guarantee faithful performance. The amount of such bond shall be based upon the estimated cost of restoring street openings to be made by the permittee during a one-year period.
Insurance. Each applicant, upon receipt of a permit, shall provide the city with an acceptable certificate of insurance indicating that he, she or it is insured against claims for damages for bodily injury as well as against claims for property damages which may arise from or out of the performance of the work, whether such performance be by himself or herself, or his or her subcontractor, or anyone directly or indirectly employed by him, her or it. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the liability insurance shall be in the amount of not less than $100,000 liability for injuries to one person, and not less than $300,000 liability for injuries sustained in each accident and not less than $50,000 liability for property damage. The policy shall also state that it shall remain in full force without change until the expiration thereof and it shall not be terminated or canceled for any reason except after 10 days' written notice of such proposed termination or cancellation has been served upon the city. The policy shall also contain a hold harmless clause or endorsement to provide that the permittee shall save and hold harmless the City of Batavia from any and all damages and liability by reason of bodily injury or property damage arising either directly or indirectly from the work to be performed by the permittee, irrespective of the cause of such injury or damage.
Default in performance. Whenever the Director determines that the restoration has not been properly completed he or she may direct that the work shall be done by the city or others and the cost thereof deducted from the permittee's deposit. In the event that the permittee has provided a bond instead of a cash deposit, when default has occurred in the performance of any condition or term of the permit, written notice shall be given to the principal and the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time being necessary to reasonably complete the work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the city for the cost of the work as set forth in the notice.
Notifying Police and Fire Departments. The permittee shall notify the Police and Fire Departments at least 12 hours in advance of the time he, she or it intends to commence any street opening project that would cause a street to be impassable.
Protecting public. Every permittee shall during the time of such street opening provide for protecting the public by erection of proper barriers, warning devices, fences, lights, covered walks or such other protection as may be required by the Director.
Curb cuts. Curb cuts in any public street shall be made at the expense of the adjoining property owner. Likewise the cost of restoring any curb cuts shall be at the expense of the adjoining property owner. If the work is performed by the city, the Director of Public Works shall ascertain the cost and cause a bill for the amount to be sent to the property owner. If the bill is not paid within 30 days, the Director of Public Works shall certify same to the City Clerk-Treasurer and the same shall constitute a lien and be collected at the same time and in the same manner as general city taxes.
Newly paved streets. No permit shall be issued by the Director for an opening in a paved, improved or resurfaced street less than three years old unless in the opinion of the Director, public health or safety requires that the proposed work be done immediately.
Master Street Tree Plan. A Master Street Tree Plan as revised from time to time shall be applicable to the City of Batavia.
City Arborist designated. The City Engineer, by virtue of his or her office, is designated City Arborist. The City Arborist is hereby given full jurisdiction, authority, control, supervision and direction of all trees which now or which may hereafter exist upon any public place and of all trees which now or which may hereafter exist upon any private place and come within the scope of this section and/or constitute a nuisance, as hereinafter provided.
Compliance with plan. The Master Street Tree Plan shall show all varieties and/or species of trees to be planted in the public lands of the city and in the street rights-of-way. This plan shall be revised from time to time by the City Arborist and approved by the Council. No person shall hereafter plant, transplant, remove any public tree on or to any street or public place except to a location where it will be in conformity with the said plan and the species or variety therein designated. In any event, specific authority shall be granted by the City Arborist.
Trees on private property; encroachments on streets. All trees standing upon private property having branches projecting into public highways, streets and sidewalks shall, under the supervision of the City Arborist, be kept trimmed by the owner or occupant of such private property to such an extent that the lowest branches of such trees shall not come within 10 feet of the ground where they overhang any public sidewalk or 16 feet over a public highway or street. Any violation of this shall constitute a public nuisance and may be abated by the City Arborist.
Tree roots. Where the roots of any tree upon private property in the city penetrate through or under the surface of a public street, sidewalk or other public property, and cause damage to city property, including sidewalks, roadways, sewer lines or water lines, or where said roots are in such close proximity to said public property that damage can be reasonably anticipated, said condition is hereby declared to be a public nuisance, and may be abated by the City Arborist.
Removal of encroachments by trees, etc., on private property. When the City Arborist shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property under such conditions as constitute a nuisance as hereinbefore provided, he or she shall serve a written order to correct and abate the nuisance upon the owner, occupant or other person responsible for the nuisance.
Such an order shall be served in the method established by law for the service of a summons.
The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation, but under no circumstances less than 30 days. However, in cases of extreme danger to persons and public property, the City Arborist shall have the authority to require compliance immediately upon service of the order.
A person to whom an order hereunder is directed shall have the right, within 30 days of the service of the order, to appeal to the City Manager, who shall review such order within 30 days and file his or her decision thereon. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. Any person to whom an order is directed must comply with such order within five days after an appeal shall have been determined.
When a person to whom an order is directed shall fail to comply within the specified time, the City Arborist shall remedy the condition or abate the nuisance and charge the cost thereof to the person to whom the order is directed. The City Arborist, or his or her employees and/or agents, shall be authorized to enter upon private property to remedy the situation complained of.
All such charges and costs for remedial work performed by the City Arborist shall become a lien against the real property, unless paid within a period of 30 days, in the manner provided for unpaid water and sewer bills, as provided in the City of Batavia Municipal Code.
Removal of trees.
Diseased trees. All diseased, dead, dying or dangerous trees shall be removed from city property at city expense.
Healthy trees. Healthy trees growing on city property may be removed, after written request, if such trees, in the opinion of the City Arborist, unreasonably interfere with private property rights and then only if the cost of such removal is shared 60% by the city and 40% by the property owner making such request.
Each violation of any provision of this article shall constitute a violation pursuant to the Penal Law. However, in no case shall the fine imposed exceed $250.
[Amended 1-26-1981 as Ch. 144 of the 1981 Code]
The city shall be responsible for the repair or replacement costs for public sidewalks.
Editor's Note: Former Section 144.2, Exception, which immediately followed this section, was deleted 11-23-1998.
On city streets where sidewalks do not exist the Council may order the installation of new sidewalks.
The cost of all new sidewalks, other than those installed pursuant to § 159-14 of this article, shall be borne 20% by the property owner and 80% by the city. The procedures set forth in § 15.19 of the Batavia City Charter concerning special assessments shall be followed in charging the property owner his/her share of the cost of constructing new sidewalks.
[Amended 9-26-1988 by L.L. No. 4-1988; 3-13-1989 by L.L. No. 2-1989]
The City Engineer shall establish specifications and regulations for the construction and repair of city sidewalks. All work shall be done to city specifications and shall be inspected by the city ,and all sidewalks shall be installed at a grade established by the city.
Any person constructing or repairing sidewalks shall provide barricades and appropriate lighting during the hours of darkness around any excavations or other hazards caused by such work.
Any person constructing or repairing sidewalks in the city, except the abutting property owner, shall file with the City Clerk evidence that he or she has in force public liability insurance for personal injury and property damage growing out of the work of constructing or repairing sidewalks in such amounts as approved by the City Attorney.
[Added 9-26-1988 by L.L. No. 4-1988; amended 5-22-1995 by L.L. No. 8-1995]
Whenever a city street is reconstructed on which either no sidewalks exist or there are sidewalks on only one side of the street, one or more sidewalks shall be constructed in accordance with the following guidelines:
The City of Batavia shall send a notice by regular mail to any property owner on the side or sides of a street where no sidewalks exist, advising them that the city is considering a reconstruction plan to add sidewalks in front of their property. The notice shall also announce a public hearing by the City Council to consider the issue of adding sidewalks, and advising the property owners affected that they have the right to consent or object or express no opinions as to the addition of sidewalks in front of their property. Any consent or objection must be made either in writing, filed with the City Clerk prior to the public hearing.
No sidewalks shall be added to the side of the street or to both sides of a street in a reconstruction project area when 2/3 or more of the owners of the properties abutting the proposed sidewalks object to the same, except under the circumstances set forth in Subsection C herein.
The City of Batavia Council shall have the authority to require the placement of sidewalks on a side of a street in a reconstruction project even when a majority of the property owners affected object to the same when City Council makes a determination that the construction of sidewalks is needed for safety reasons. If there are no existing sidewalks on either side of the street, City Council will not require installation of sidewalks on one side of the street only for safety reasons without imposing the same installation on the other side.
Notwithstanding the fact that a majority of the affected property owners desire to have a sidewalk constructed in front of their property, no sidewalks shall be constructed on the side of a street where none exists if the City Engineer advises the City Council that either conditions exist that would make the installation difficult and impracticable or that said installation can be made only at substantially increased costs due to unfavorable topography, obstructions or other conditions.
Any person who violates the provisions of this article shall be deemed guilty of a violation and shall be punishable by a fine not to exceed $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.