[Ord. of 11-21-1955, § 1]
Pursuant to the provisions of Section 26 the General City Law
of the State of New York, the map designated "Official Map, City of
Poughkeepsie, New York," as amended from time to time, showing the
streets, highways and parks laid out in the City, shall be and the
same is hereby established and declared to be and is the established
and Official Map of the city.
[1]
State law references: Authority of city to establish Official
Map, § 26 of the General City Law; authority to amend the
same, § 29 of the General City Law; authority of Planning
Board to make map, § 237 of the General Municipal Law.
[Ord. of 3-4-1929, § 1-3; L.L.
No. 7-2001, § 1]
(a)
Display of street numbers. Within 30 days of the
effective date of this section, and at all times thereafter, the owner,
agent, or other person who manages or controls any building in the
city hereafter used as a residence, place of business or otherwise
shall forthwith place and maintain or cause to be placed and maintained
upon said building or upon such lot in front of said building a street
number or numbers assigned to said building by Dutchess County Emergency
Response. No street numbers other than the numbers so assigned shall
be displayed upon any building or lot in the City.
(b)
Placement, maintenance.
(1)
Street numbers on residential buildings shall be not less than three
inches in height.
(2)
Street numbers for all other buildings shall be not less than four
inches in height and shall be displayed over or near the main entrance
to such building.
(3)
Apartments, townhouses, shopping centers or other similar groups
of buildings which have only one number assigned shall display such
number at the main entranceway to said group of buildings. Numbers
for individual units or establishments within the group shall be displayed
on, above, or to the side of the main doorway to each such unit or
establishment.
(4)
All street numbers shall be made of a durable and clearly visible
material and shall be of a contrasting color to the background on
which they are placed. Wherever a building is more than 50 feet from
the public right-of-way, the numbers shall also be placed on a post,
mailbox or the like which is easily visible from the street. All street
numbers shall be maintained at all times in a condition so as to remain
clearly visible from the street.
(c)
Private roads, signs. The owner or owners, agent
or other person who manages or controls any private road, drive or
the like which has been required to have a name assigned to it and
approved for it by the Common Council shall, within 60 days of the
effective date of this section, and at all times thereafter maintain,
erect or cause to be erected a sign bearing the name of said private
road, drive or the like. All such signs shall be of such size and
construction as shall comply with the National Emergency Numbering
Association standards.
(d)
Penalties for violation. Every owner, agent or other
person who manages or controls a building situate in the City which
is found to be not in compliance with the requirements of this section
shall be guilty of an offense punishable by a fine of $50 for a first
offense, $100 for a second offense and $150 for a third and subsequent
offense.
(e)
Enforcement. The Fire Inspector or other designees
of the Fire Chief shall each have the authority to issue appearance
tickets for violations of this section, which ticket shall be returnable
in the City Court of the City of Poughkeepsie, which Court shall have
the power to impose the fine or penalty set forth herein. Such appearance
tickets shall be served upon the owner, agent, or other person who
manages or controls the building personally or by affixing the appearance
ticket to the front door of the building and mailing a copy of same
by first class mail to the address of the owner, agent, or other person
who manages or controls the building contained in the real property
tax records of the city.
[Ord. of 2-4-1952, § 1]
It shall be unlawful to issue a building permit for any construction
on any street or highway which has not been improved to the satisfaction
of the Planning Board.
[Ord. of 2-4-1929, § 2; Ord. of 8-7-1979, § 1]
No person shall obstruct the sidewalks or bicycle paths in the
city by placing or stopping his animal or vehicle upon or across said
walks or bicycle paths or by putting or placing any other obstruction
or thing across or on the same.
[Ord. of 4-17-1978, § 1; Ord. of 12-4-1997, § 1]
No person shall obstruct the sidewalks or streets in the city
for the purposes of construction, maintenance or repair thereon or
thereunder without first obtaining the written consent of and permit
from the Superintendent of Public Works. A permit fee of $15 shall
be paid to the Department of Public Works prior to issuance of said
permit. Any person violating this section shall be notified, in writing,
to discontinue such activities forthwith until such time as written
permission for such has been obtained. A civil penalty in the sum
of $100 per day shall be levied against any person violating this
section, such penalty to be assessed by the Superintendent of Public
Works and collected in a civil suit to be instituted by the Corporation
Counsel.
[Ord. of 5-17-1993, § 1; Ord. of 9-2-2003, § 1]
(a)
No person shall repair, lubricate and/or change the oil or any other
engine fluids of any motor vehicle or any part or parts thereof upon
any public street or highway, or in any public parking garage, lot
or space, or any other public place.
(b)
Any violation of this section shall be punishable by a fine of not
less than $100 and not to exceed $500.
[Ord. of 2-4-1929, § 6]
No person shall, without the written consent of the Superintendent
of Public Works, dig up or carry away or cause or permit to be dug
or carried away any stone, sand, gravel, clay or earth from any street,
sidewalk or public place in the City.
[Ord. of 2-24-1929, § 1]
No person shall place or cause to be placed any stones, lumber,
plank, boards, dirt or other materials for building or on any street,
lane or sidewalk without the written permission of the Superintendent
of Public Works.
[Ord. of 2-4-1929, § 3]
No person shall place or suffer to be placed any casks, boxes,
wood, stone, planks, merchandise or any other article in any street
or on any sidewalk so as to incommode or obstruct the free passage
or use thereof.
[Ord. of 3-4-1929, § 13; Ord. of 1-21-1963, § 2]
No person shall hang or place any goods, wares or merchandise or any other thing at any greater distance than two feet in front of his premises, nor less than six feet from the curb, except as otherwise provided in Section 9-24 relating to the collection and disposal of ashes, rubbish, garbage and refuse in the City.
[Ord. of 3-4-1929, § 18; Ord. of 5-20-1935, § 1]
No person shall locate or place any stand, tent, booth or stall or use or occupy any portion of the streets or sidewalks in the City for the purpose of selling or exposing for sale, either by auction or private sale, any kind of goods or merchandise whatsoever. Nothing in this section shall be construed to prevent any person from exhibiting his goods as allowed by Section 15-8.
[Ord. of 3-4-1929, § 1; amended
by Ord. No. O-17-4, 5-10-2017,
§ 1]
(a)
No letters, figures, signs or advertising devices shall be marked,
drawn or made upon any sidewalk in the City, unless such figures,
letters, signs and advertising devices are permanently built in the
sidewalk at the time of construction thereof.
(b)
The posting, tacking, taping or placing of any sign, handbill, stickers,
posters or any printed material on any part of the stand of any traffic
control device, any light pole and signpost, including traffic signs
or street signs, traffic control boxes, utility poles, utility boxes
and stanchions, guardrails, bridges, railroad crossings, overpasses,
trash containers or the like, on any public property throughout the
City of Poughkeepsie, is hereby prohibited.
(c)
Any sign, handbill, sticker, any printed material advertising an
event for which a permit was issued by the City of Poughkeepsie, such
as yard sales, or performances, with the exception of real estate
open house signs, shall be erected or posted no more than 24 hours
prior to the permitted event and must be removed within 24 hours after
the permitted event. No such advertisement may be larger than four
square feet in size, and no such advertisements can be placed on private
property unless the permission of the property owner is obtained prior
to the placement of same.
(d)
Any person who violates or knowingly permits a violation of this
section shall be subject to a fine not less than $100 but not more
than $1,000. The existence of any of the above-printed material on
any of the listed property or the like shall be presumed to be posted,
tacked, taped or placed with the knowing permissions of any person
whose name appears on said printed material.
[Ord. of 12-19-1910, § 1 through 3, 5; Ord. of 2-6-1950, § 1
through 3, 5; Ord. of 12-19-1962, § 1; Ord. of 8-17-1970; Ord. of 1-17-1995, § 1; Ord. of 1-21-1999, § 1; Ord. No. O-07-37, § 1]
(a)
Snow and ice. Every owner or occupant of a house,
building or lot of land situate in the City and every agent or such
owner who owns real estate in, but does not reside in the City, and
every person having charge of any unoccupied house, building or lot
of land, church or public building in the City shall at all times
during the season of frost and snow, keep the whole of the sidewalk
in front of their respective houses, buildings or lots of land free
from snow and ice, as aforesaid, and by reasons of the intensity of
the frost, the said owner, occupant, agent or person in charge as
aforesaid shall keep the sidewalks in front of their respective houses,
buildings or lots strewn with ashes, sand or other material in such
manner as to enable persons to walk thereon with safety.
(b)
Time limits for removal. Every owner or occupant
of a house, building or lot of land in the City and every agent of
such owner who owns real estate in but does not reside in the City
and every person having charge of any unoccupied house, building or
lot of land, church or public buildings in the City shall remove the
snow from the entire sidewalk in front of their properties within
12 hours after any fall of snow occurring between the hours of 8:00
a.m. and 8:00 p.m. or, if occurring between the hours of 8:00 p.m.
in the evening and 8:00 a.m., then with 12 hours after the expiration
of such periods.
(c)
Deposits in streets, roads. It shall be unlawful for any person to throw, place or deposit or to assist others in the throwing, placing or depositing of any snow or ice in any public street, road or highway in the City, except that whenever the paved portion of the sidewalk extends to the curb, the owner of the abutting property, his employees or agents may throw, place or deposit, in the public street, road or highway adjacent thereto, the snow from the sidewalk area only within the same time limitations as are set forth in Subsection (b).
(d)
Sidewalks to be swept clean.
(1)
Business areas. All sidewalks adjoining property
utilized for any business purpose shall be swept clean by the property
owner concerned or by his duly designated agent or agents daily before
10:00 a.m. of each business day on which such establishment is open
to the public. The residue from each sweeping is to be gathered and
deposited into an approved rubbish receptacle, said receptacle to
be properly covered.
(2)
Residential areas. All sidewalks adjoining
residential properties shall be swept clean by the property owner
or his duly designated agent or agents.
(3)
Tenants' responsibilities. In all cases in
which the property owner does not individually reside within the City
of Poughkeepsie or the property owner, if a corporation is not a New
York corporation, then the tenant or tenants occupying the business
establishment or residence shall be responsible for the sidewalk cleaning
after written notice to the property owner concerned has been forwarded
by the appropriate City department.
(e)
Penalty. Any person, persons, corporation, corporations, partnership, partnerships, clubs, associations or government units who shall violate this section will be deemed to be a civil violator and will be fined $25 for the first violation, $100 for the second violation and $250 for the third and $500 for each violation thereafter in any one twelve-month period, and each day that said violation is allowed to remain in existence shall constitute a separate violation. Said fine may be collected in City Court or as a civil penalty recovered in accordance with Section 9-11 of Chapter 9 of the Code of Ordinances and shall be in addition to the collection of costs as provided in Section 8.02 of the City of Poughkeepsie Administrative Code.
(f)
Rights preserved. This section shall not be so construed
as to affect or diminish in any way the powers of the Superintendent
of Public Works under Section 103(7) of the Charter of the City.
[Ord. of 2-4-1929, § 12]
No person shall place or cause to be placed any awnings of cloth
or canvas upon or over any sidewalk, street or other public place
in the City with less than seven feet of clearance above the grade
of the sidewalk at the lowest part of such awning.
[Ord. of 2-4-1929, § 21]
Any person who controls or owns or hereafter may control or
own any pole of metal or wood which is now or may hereafter be used
in the City to carry or support any telegraph, telephone or electric
light wire or posts or supports for any awning or cover over any sidewalk
shall cause such poles or supports to be painted in such color and
at such times as may be required by the Superintendent of Public Works,
by whom written notice shall be served upon such person, personally
or by mail, requiring such painting to be done within 30 days next
after the service of such notice.
[Ord. No. O-13-05, 5-20-2013, § 1[1]]
(a)
Permit required. Notwithstanding any inconsistent provision contained in Chapter 15, Streets, Sidewalks and Public Places, sidewalk cafes for the sale to the public of food and beverages, and for no other purpose, shall be permitted, provided that a permit is obtained therefor from the Building Inspector.
(b)
Application for permit. Any person, firm or corporation
desiring a permit shall make application to the Building Inspector
on forms provided therefor.
(c)
Conditions for issuance of permit. A permit for
a sidewalk cafe may only be issued to the owner or the tenant of a
building occupied and used for the sale of cooked and prepared food,
and abutting the public sidewalk adjacent thereto, provided that the
following requirements are met:
(1)
The sidewalk abutting the property, from the property line to
the curbline, must not be less than 10 feet in width.
(2)
The area to be used for the sidewalk cafe must not encroach
onto the sidewalk more than 10 feet from the property line abutting
the sidewalk and must not extend beyond the extension of the side
of property lines onto the sidewalk.
(3)
No permanent structures may be affixed to the sidewalk area
used for the cafe or affixed to the building abutting the area for
purposes of the cafe, and the area may be occupied only by chairs,
tables, benches, umbrellas, movable railings, and planters for the
convenience of the patrons to be served in such area. Movable railings
or planters shall be so arranged as to enclose the dining area and
the sidewalk shall be inconspicuously marked to delineate the approved
position for such barriers.
(4)
A clear, unoccupied space must be provided, not less than three
feet in width, from all entrances of the building abutting the sidewalk
to the unoccupied portion of the public sidewalk.
(5)
Neither outdoor lighting nor live or mechanical music may be
used on or for the cafe area, except that in such cases where street
lighting is sufficient to so illuminate the dining area so that a
hazard to those traveling the sidewalk may be created, the Building
Inspector shall direct and the applicant shall provide such lighting
for nighttime hours as the Building Inspector shall require.
(6)
General comprehensive liability insurance naming the applicant
and the City of Poughkeepsie, its officers, agents and employees as
named insureds must be provided, with limits of $25,000/$50,000 for
property damages and $1,000,000/$2,000,000 for personal injury, effective
for the duration of the permit.
(7)
Permits shall be issued annually and shall be for such duration,
within the time provided herein, as the applicant may request.
(8)
There shall be a minimum clear distance of five feet, exclusive
of the area occupied by the sidewalk cafe, free of all obstructions,
such as trees, parking meters, utility poles, streetlights, benches,
planters, and movable railings, in order to allow for adequate and
safe pedestrian movements.
(d)
Operating restrictions.
(1)
All sidewalk cafes shall cease operations by 10:00 p.m. Sunday
through Thursday and 11:00 p.m. Friday and Saturday.
(2)
All alcoholic beverages to be served at sidewalk cafes shall
be prepared within the existing restaurant and shall only be served
to patrons while seated at tables. The drinking of alcoholic beverages
by a member of the public while a patron of the sidewalk cafe within
the confines of the sidewalk cafe area shall not be construed to be
a violation of any local law prohibiting the consumption of alcoholic
beverages in a public place or area.[2] The operator of a sidewalk cafe shall be in full compliance
with the licensing requirements of the State Liquor Authority, as
the same may exist, and shall comply with all other laws and regulations
concerning the sale of alcoholic beverages in the state. In the event
that said sidewalk cafe is not in full compliance with State Liquor
Authority laws, rules and regulations concerning the sale of alcoholic
beverages, then serving alcoholic beverages in the sidewalk cafe area
shall be prohibited.
(3)
The restaurant shall not serve food or beverages to a patron
at a sidewalk cafe unless that patron is seated at a table.
(4)
Sidewalk cafes and the public property on which they are located
shall be kept neat and clean at all times and free from any substance
which might damage the sidewalk or cause injury to pedestrians.
(e)
Fees and deposits.
(1)
The fee for each permit shall be as set forth in Section 6-26, Fees, payable upon the issuance of the permit.
(2)
The sum of $100 shall be deposited upon the issuance of the
permit to guarantee compliance with the terms of this chapter and
the removal of such items, as may be placed upon the public sidewalk,
upon the expiration date of the permit. In the event that the permittee
should violate any of the provisions of this chapter, the Building
Inspector may terminate the permit, after five days notice in writing,
by certified mail return receipt requested, mailed to the address
shown in the application, effective on the date of mailing, with an
opportunity to the permittee for a hearing and upon a finding by the
Commissioner of such violation, or upon the default of the permittee
to appear for the hearing at the time and date specified in such notice.
(f)
City action upon failure to comply. In the event
that the permittee should fail to remove all items placed upon the
public sidewalk, upon the expiration of the permit by lapse of time,
or for violation of this chapter, the Building Inspector may have
such items removed, forfeit the deposit for the cost and charge the
permittee for any excess cost above the deposit, together with the
cost for storage of such items until removed by the permittee from
storage. In the event that the permittee should fail to pay the cost
of storage and any excess cost of removal within 90 days after storage,
the Building Inspector may sell the items at the public auction, reimburse
the City for all costs and, if any surplus monies remain, pay them
over to the permittee.
(g)
Penalties for offenses. An offense against the provisions
of this chapter shall be punishable by a fine of not more than $250
or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: This ordinance also superseded former Section
15-14, Aggregate surface on Main Mall, as amended.
[Ord. of 6-6-1966, § 1 through 5]
(a)
Approval required. No person, firm, corporation
or organization shall construct, erect, maintain or operate in, over,
under or upon the present and future streets of the City of Poughkeepsie
lines, cables, wires or other apparatus for the purpose of receiving,
amplifying or distributing television or FM radio signals without
first obtaining approval therefor from the Common Council of the City
of Poughkeepsie.
(b)
Application for approval. Application to construct,
operate and maintain lines, cables or wires for the purpose of receiving,
amplifying or distributing television or FM signals shall be made
by the person, firm, corporation or organization or their duly designated
agent to the Common Council. Such application shall contain the following
information:
(1)
The name and address of the applicant. If a corporation, the
name and address of all officers and directors.
(2)
The experience of such applicant in the construction or maintenance
of such cable or wire systems.
(3)
The last annual financial statement of such applicant.
(4)
An outline of the general construction plan designating the
streets or public places to be used.
(5)
A schedule of maximum rates to be charged for all phases of
the proposed service.
(6)
A bond running to the City of Poughkeepsie in the principal
of $10,000 guaranteeing the faithful performance of any and all obligations
imposed upon the granting of such a permit or consent.
(c)
Issuance, rejection of application by Common Council. The Common Council, upon finding that the consent is in the interest
of the public welfare may grant the application in whole or part,
otherwise reject it.
(d)
Standards, supervision of work. All work performed
pursuant to a permit shall be under the supervision and in accordance
with specifications and regulations provided for such work by the
City Engineer.
(e)
Penalty for violation. Any person, firm, corporation
or organization who shall violate any provision of this section shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be imprisoned in the county jail for not more than a year or pay a
fine of not more than $500, or by both imprisonment and fine.
[Ord. of 6-6-1994, § 1; Ord. of 7-11-1996, § 2[1]]
(a)
Establishment, appointment and organization. The
City of Poughkeepsie Veterans Commission is hereby established. Such
Commission shall consist of 11 members. Each Councilmember shall appoint
one member, and three members shall be appointed by the Mayor. The
terms of the members shall run contemporaneously with the terms of
the members of the Common Council, including the Mayor, who appointed
the Commission members. Members shall serve until the appointment
and qualification of their successors. The Mayor shall designate one
member of the Commission to serve as Chairperson, who shall preside
at meetings of the Commission and who shall execute the duties normally
conferred by parliamentary order in addition to those prescribed by
this section. Commission members shall be residents of the City of
Poughkeepsie and shall be nominated by virtue of service of any branch
of the armed forces or by association with veterans/armed forces organizations.
(b)
Powers and duties. The Veterans Commission shall
have all the powers and duties as set forth below:
(1)
The Veterans Commission shall oversee the planning for the Memorial
Day and Veterans Day observances.
(2)
The Veterans Commission shall make recommendations to the Common
Council and to the City Administration for the preservation and upkeep
of the city's war memorials, including but not limited to those war
memorials at Soldier's Memorial Fountain, Reservoir Square, Mansion
Square Park, City Hall, the DeLaval site and the cannon from the ship
Monitor in front of Adriance Library.
(3)
The Veterans Commission shall attend to any other matter deemed
appropriate by the Common Council concerning veterans' affairs.
(c)
Liaison with Common Council. The Mayor shall select
a member of the Common Council to serve as the liaison with the Veterans
Commission.
[Ord. of 9-18-1997, § 1]
(a)
Legislative findings and purpose. The Common Council
of the City of Poughkeepsie finds that there has been a proliferation
of temporary, freestanding signs are frequently placed in locations
that are on publicly owned and controlled property in the city. These
signs are often placed in locations that create unsafe conditions
by blocking the line of sight of motor vehicle operators and create
visual clutter and blight throughout the city. The Common Council
further finds that the adoption of an ordinance prohibiting the placement
of temporary signs in certain designated public places will further
its significant government interest in providing traffic safety and
community aesthetics and will vindicate its citizens aesthetic and
safety interests by minimizing the clutter and blight, obstructed
views and traffic hazards created by said signs.
(b)
TEMPORARY, FREESTANDING SIGN
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A sign which is attached to or a part of a completely self-supporting
structure and not attached to a building or any other structure or
support whether portable or stationary, intended to be displayed for
a limited period of time.
(c)
No person shall post any temporary sign on any of the following designated
public property:
(1)
City parks, except with the permission of the Recreation Supervisor
or City Administrator.
(2)
Property on which city public buildings sit, including City
Hall, fire stations and public works compound.
(3)
Green space along Route 9.
(4)
Median strips on Wilbur Boulevard, St. John's Place and Rinaldi
Boulevard.
(5)
Green space triangle near City Hall and triangular green spaces
along East/West Arterial near Hume Park.
(6)
Triangular green space at foot of Academy Street near Springside.
(d)
A violation of this section shall result in a fine not to exceed
$100 for each offense committed.
[1]
Editor's Note: Former Sections 15-16.1, Consumption of alcoholic
beverages in Kaal Rock Park regulated, and 15-16.2, Consumption of
alcoholic beverages prohibited in Soldier's Memorial Fountain area,
were repealed by an ordinance of 7-11-1996, § 3.
[Ord. of 12-4-1997, § 2, Ord. of 12-15-2003 (two), § 1]
(a)
The following fees shall be payable to the Department of Public Works
prior to issuance of the subject permit:
[Amended by Ord. No. O-13-01, 2-19-2013, § 1]
|
Type
|
Fee
| |
|---|---|---|
|
Excavation permit (first cut): service connection, repair, etc.
(water, sewer gas, electric, telecommunications, etc.)
|
$30
| |
|
Excavation permit (second cut)
|
$100
| |
|
Excavation permit (third cut and thereafter)
|
$250
| |
|
All excavation permits shall require a security deposit of $1,000
and insurance coverage in the amount of $500,000
| ||
|
Extended maintenance fees (to cover asphalt and concrete disturbances)
| ||
|
Asphalt or concrete up to one year old
|
$20/square foot
| |
|
Up to five years
|
$15/square foot
| |
|
Up to 10 years
|
$10/square foot
| |
|
Over 10 years
|
No fee
| |
|
Winter excavation permit surcharge (for emergency cuts only
undertaken between November 15 and March 15)
|
$250
| |
|
Water/sewer taps, each request (does not include physical tap)
|
$200
| |
|
Sidewalks/roadway closures permit
|
$100 each week as provided in Section 15-16.2(b)
| |
|
City street search and verification
|
$15 (for title company/searches), each request
| |
|
Graffiti removal request
|
$40, each request
| |
|
Right-of-way permit (occupancy by private work crew, tree clearing,
trimming, etc.)
|
$100
| |
|
All right-of-way permits shall require a security deposit of
$1,000 and insurance coverage in the amount of $500,000
| ||
|
Overhead utility work permit
| ||
|
New utility pole and lines
|
$200 plus $0.50 per linear foot
| |
|
Utility pole (single)
| ||
|
Relocate/replace
|
No charge
| |
|
All overhead utility work permits shall require a security deposit
of $1,000 and insurance coverage in the amount of $500,000
| ||
|
All street/sidewalk closure permits shall require insurance
coverage in the amount of $500,000
| ||
|
Dumpster permit
|
$50
| |
|
Stormwater pollution prevention plan (SWPP)
| ||
|
Drainage and SWPP review for applicable development projects
|
$500
| |
|
Engineering review fee (for large scale water, storm sanitary
sewer, installations or new connections to existing City infrastructure
greater than 50 feet in length)
|
$200
| |
|
All daily permit fees shall include weekends and holidays.
|
(b)
The duration of the sidewalks/roadway closure permit, or of any extension
of such a permit previously granted, shall be determined at the time
of application by agreement between the applicant and the Commissioner
of Public Works, or his designee, based upon the nature and anticipated
duration of the need for the permit. The fee for the entire duration
of the permit shall be paid at the time of application or extension.
[Ord. of 10-17-1977, § 1]
It shall be the duty of the owner of any property which abuts
on a sidewalk and slopes off below the level of the sidewalk at an
angle greater than 60° to provide safe fencing around such property
or to have dirt poured in such property to make it more level with
the sidewalk.
