Village of Johnson City, NY
Broome County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City: Art. I, 8-20-1973 as Art. I of Ch. 16 of the 1973 Code; Art. II, 6-12-1978 as L.L. No. 5-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Notification of defects — See Ch. 180.
Vehicles and traffic — See Ch. 264.
[Adopted 8-20-1973 as Art. I of Ch. 16 of the 1973 Code]
No person shall fly a kite or play football, baseball or any other game on any public street, avenue or sidewalk in the village except on such streets or avenues or parts thereof as may be designated by the Board of Trustees as play streets.
A. 
Designation of coasting streets. No person shall coast with any handsled, bob, cart or other vehicle on runners or wheels on any sidewalk or footpath in the village, nor shall any person coast with any handsled, bob, cart or other vehicle on runners or wheels on any public street or avenue in the village except upon such streets or avenues or parts thereof as may be designated for such purpose by the Board of Trustees.
B. 
Posting of signs. The Police Department shall properly post signs designating those streets or portions of streets on which coasting is permitted during the coasting season.
C. 
Effect. When signs are posted pursuant to Subsection B of this section, drivers or operators of vehicles having business or residences within such closed or protected coasting areas may drive upon said streets with extreme caution and care to reach a residence situated therein and park therein to complete said business, but no other motorcycle, motor vehicle or vehicles shall park in said coasting areas during coasting hours.
D. 
Hours for coasting. Coasting shall be permitted on the streets designated pursuant to this section from 12:00 noon to 9:00 p.m. during the winter season, excepting during public school hours.[1]
[1]
Editor's Note: See Ch. 264, Vehicles and traffic.
No person shall operate, drive, propel, place or leave any motor vehicle, motorcycle, wagon, truck, sleigh or similar vehicle, or lead, drive, ride or leave any horse or other animal upon or along any public sidewalk or footpath in the village, or so near to such public sidewalk or footpath as to interfere with or obstruct travel thereon. Provided, however, that this section shall not apply to any person necessarily driving a vehicle or animal across such public sidewalk, or footpath to or from an adjoining premises, or to any person drawing or pushing a small carriage, cart or sleigh commonly used for the carrying of children, or to any person riding in, operating or pushing a wheel chair commonly used by persons who are sick, crippled or infirm.
The fire chief or any assistant chief of the fire department in charge of any fire may, when deemed necessary by him or her to insure the efficient working of the men or apparatus under his or her control, blockade any street, avenue, lane, alley or part thereof or other place in the village, and no person shall break through or attempt to break through such blockade.
A. 
Permission required. No person shall place or cause to be placed any lumber, wood, lime, brick or other building material of any nature on any public street, avenue or sidewalk or in any public place in the village without first obtaining permission from the Superintendent of Public Works, such permission to be given for such length of time and upon such conditions as, in the Director's discretion, shall be deemed advisable.
B. 
Materials not to constitute obstruction. In the event that such permission is given, said building materials shall not occupy more than one-third (1/3) of the width of the street nearest the building under construction, and under no circumstances shall such material be so placed as to prevent free access to any fire hydrant or in no instance be placed so as to obstruct proper draining of such street or the gutters thereon.
C. 
Materials to be guarded at night. Such building materials shall not be permitted to remain in or upon any public street, avenue or sidewalk at night unless the same shall be provided with a lamp or lanterns provided with red globes or flares to be continuously lighted during each night upon or near such materials so as to distinctly cast light thereon to warn users of such street, avenue or sidewalk of the presence thereof.
No person shall willfully throw, drop or place or shall cause or procure to be thrown, dropped or placed in or upon any street, avenue, cycle path or public way or place any glass, tacks, nails, pieces of metal, briar, thorn or other substances which might injure any animal or puncture any tire used on a vehicle and which might wound or injure any person using such street, avenue or path.
No person shall place or deposit or permit to be placed or deposited any material or substance of any kind or nature whatsoever on any public sidewalk, footpath, public street or in any public place in the village except when necessary for immediate removal, nor shall any person cause to be placed on any sidewalk, footpath, public street or in any public place any concrete, mortar or substance of a similar nature nor cause the same to be mixed or prepared thereon in said village, nor permit water to be conducted upon, over or across any public sidewalk or footpath in said village.
No person shall place any box, flower pot or other article upon any windowsill or projection of any building fronting on any public street or avenue or sidewalk and within ten (10) feet of the line thereof in the village unless such article shall be suitably secured so as to prevent the same from falling.
A. 
Prohibited. No person while transporting by truck or other means of transportation any garbage, refuse, rubbish, ashes, stone, gravel or any other substance, matter or material upon and along any public street, avenue or in any public place in the village, shall allow or permit the same or any part thereof to fall and remain upon the surface of any such public street, avenue or public place in said village.
B. 
Coverings required. Any person transporting any of the substances enumerated in Subsection A through any public street, avenue or any other public place within the village shall be required to completely cover any load or portion thereof of such substance by canvas or other means; in addition, it shall be required that the canvas or other covering be secured or fastened in such a manner so as to prevent the discharge of any of said substances into the public streets.
A. 
Prohibited. It shall be unlawful for any person, including gasoline filling stations and the owners of private properties, to willfully deposit within the limits of any street or in the gutters thereof or upon any sidewalk or in any public place any snow by piling, gathering or in any manner accumulating the same from any place whatsoever, nor shall any transit or transportation corporation cause snow to be piled in or upon any of the streets, avenues, gutters, sidewalks or public places of the village by the use of plows or otherwise.
B. 
Removal; costs. In case any person shall violate the provisions hereinabove set forth and shall fail to remove any snow piled or plowed up within five hours after demand so to do by either the Superintendent of Public Works, Code Enforcement Officer of the Village, or his, her or their designee, the same may be removed under the supervisions of said Superintendent of Public Works, Code Enforcement Officer of the Village, or his, her or their designee, and such person or owner or occupant of such premises shall be responsible for the entire cost of removal.
[Amended 4-18-2017 by L.L. No. 4-2017]
A. 
Duty of owner. All snow, ice or other substances upon any public sidewalk in the village shall be removed by the owner or occupant of the premises adjoining such sidewalk immediately after the same shall fall or is deposited thereon.
B. 
Failure to remove. In the event that the owner or occupant of such adjoining premises fails to remove such snow, ice or other substance within five hours from the time when said snow, ice or other substance shall have been deposited or within one hour after the giving of notice by either the Superintendent of Public Works, Code Enforcement Officer of the Village, or his, her or their designee, such owner or occupant shall be guilty of disorderly conduct. Such notice shall be deemed given upon affixing a notice to any building located on the property or, in the case of vacant land, upon the nearest utility pole. In addition, in the case of vacant land, the Village officer or designee giving notice shall make a good faith effort to notify the owner of vacant land by telephone or by affixing the notice to the residence of the owner. Each twenty-four-hour period that the accumulation of snow and/or ice shall exist shall be a separate violation of this article.
[Amended 4-18-2017 by L.L. No. 4-2017]
C. 
Authority of Village. It is further provided that whenever any owner or occupant of adjoining land shall fail to comply with the provisions of Subsection A, it shall be the duty of the Village officer or designee directing removal to cause said sidewalk to be cleaned, and the expense thereof shall become a lien upon said adjoining premises and shall be assessed against the same.
[Amended 4-18-2017 by L.L. No. 4-2017]
D. 
The owner or occupant of lands fronting or abutting any street, highway, traveled road, public lane, alley or square shall maintain the sidewalk, including curb-cut areas providing handicapped access, adjoining his or her land free and clear of and from snow, ice and all other obstructions. Such owners or occupants and each of them shall be liable for any injury or damage by reason of omission, failure or negligence to so maintain said sidewalk and handicapped curb-cut area.
[Added 1-21-1997 by L.L. No. 1-1997]
The owners of buildings adjacent to public streets and sidewalks shall prevent the accumulation of snow, ice or water thereon and shall prevent the falling of snow, ice or water from such buildings or appurtenances thereto upon such streets or sidewalks.
A. 
Prohibited. No person shall erect or cause to be erected any building, porch, steps, fence or other structure or part thereof so as to encroach upon any public street, avenue or sidewalk in the village.
B. 
Exception. This section shall not apply to a marquee which extends over a sidewalk in a commercial district, provided that:
(1) 
The lowest part of such marquee is at least ten (10) feet above the sidewalk.
(2) 
The marquee does not cover more than sixty-five percent (65%) of the area between the curbline and the building.
(3) 
All drainage is collected and conveyed to a point within the property line.
(4) 
No part of the marquee extends beyond the side lines of the building front.
(5) 
The construction features of the marquee are approved in advance by the Village Engineer.
No person shall construct or use or permit to be constructed or used any cellarway leading from any public street, avenue or sidewalk in the village unless the same shall have trapdoors so constructed as to be on a level with the sidewalk or with the platform, if any, in front of the building where such cellarway is located so that it will be entirely safe for persons to pass over the same, nor shall any person keep open or permit to be kept open any trapdoor or grate in any sidewalk in the village, except while the same is necessarily and actually in use for the receipt or delivery of goods or fuel or other property and while the same is properly guarded to prevent persons walking or falling into the same.
A. 
No person shall make or hang any gates, storm door or door of any kind whereby the same will open and swing over any public sidewalk or street in the village without first obtaining an authorization from the Board of Trustees.
B. 
Any person who shall neglect or refuse to remove any such gate, storm door or door of any kind after being requested so to do by the Superintendent of Public Works shall be guilty of disorderly conduct.
No person shall install, erect, use or maintain any barbed wire or similar fence within six (6) feet of the boundary line of any public street, sidewalk or other public place in the village, except that fences erected, used and maintained for the protection of property along the boundary line of public streets, highways or other public places may have barbed or similar wire along the top thereof, but not less than six (6) feet from the ground, sidewalk or street level.
No person shall, without first obtaining the permission of the Board of Trustees therefor, evidenced by a resolution adopted at a meeting thereof and entered in its minutes, erect any booth, stand, platform or grandstand for the purpose of selling or exposing for sale or advertising any goods, wares or merchandise upon or over any public street, avenue, sidewalk or public place in the village.
No person shall hang, place, erect or maintain any awning over any public street, avenue or sidewalk or any part thereof or in any public place in the village unless the same shall be hung or placed so as to be at least seven (7) feet in the clear above the surface of such street, avenue, sidewalk or place.
No person shall erect any telegraph, telephone, electric light or other pole or string any wire in, over or upon any public street, sidewalk or public grounds or erect any post on any public street or avenue or in any public place in the village without first having obtained permission from the Superintendent of Public Works.
No person shall, without first having obtained the permission of the Board of Trustees therefor, evidenced by a resolution adopted at a meeting thereof and entered in its minutes, hang or cause to be hung any banner or advertising device of any kind upon, across or over any public street, avenue or sidewalk or in any public place in the village.
A. 
Duty. It shall be the duty of the owner or occupant of premises upon which trees shall stand to trim such trees as provided in this section.
B. 
Clearance. All ornamental and shade trees standing within or whose branches or any part thereof extend over any public street, avenue or sidewalk in the village shall be trimmed so that the lowest branches shall not be less than ten (10) feet from the ground.
C. 
Effect of failure to trim. In the event of failure on the part of any person to trim any tree as herein provided after having been requested to do so by either the Superintendent of Public Works, Code Enforcement Officer of the Village, or his, her or their designee, said Official shall cause such tree to be trimmed and the cost thereof shall be assessed in the same manner as property taxes are assessed.
[Amended 8-21-2018 by L.L. No. 13-2018]
A. 
When permit required. No person shall, without having secured a permit therefor, cut down, fell or in any manner remove or uproot any tree within the incorporated limits of the village, when, by reason of the height and/or position thereof, it could or any portion thereof or the limbs thereof could reasonably be expected to fall on or across any public sidewalk, thoroughfare or place or otherwise endanger the general public.
B. 
Application for permit; terms; conditions of issuance. The permit for such removal shall be issued only upon application to the Superintendent of Public Works and under such terms and on such conditions as he or she deems necessary to protect the safety of the general public.
C. 
Penalty for violation. Any violation of this section shall subject the violator to the penalties as provided for in § 1-15 of this Code.
[Amended 9-16-1974 by L.L. No. 3-1974]
The Board of Trustees may construct and repair crosswalks upon the streets within the village. It may also construct and repair sidewalks, curbs and gutters upon such a street wholly at the expense of the village or the owner or occupants of the adjoining land, or partly at the expense of each, and may prescribe the manner of doing such work and the kind of materials to be used therein. If a sidewalk, curb or gutter is so required to be constructed or repaired wholly at the expense of the owners or occupants of the adjoining lands, a notice specifying the place and manner and the time, not less than ten (10) days in case of a new walk or not less than twenty-four (24) hours in case of repairs, within which the sidewalk, curb or gutter is required to be constructed or repaired shall be served upon such owners or occupants. If an owner or occupant shall not construct or repair the sidewalk, curb or gutter as required by the notice, the Board of Trustees may cause the same to be so constructed or repaired and assess the expense thereof upon the adjoining land. If a sidewalk, curb or gutter is to be constructed or repaired at the joint expense of the village and the owner or occupant, the Board of Trustees may cause the same to be constructed or repaired and assess upon the adjoining land the proportion of the expense chargeable against the same. All grading done on sidewalks, curbs or gutters laid or repaired by the owners of adjoining land shall be in accordance with the specifications and under the direction and supervision of the Board of Trustees. Assessments shall be made and collected and taxes levied as provided by law. The Board of Trustees may issue bonds of the village to defray the expense of any such work or improvement. Upon the presentation to the Board of Trustees of a petition for the construction of a sidewalk or curb and gutter, signed by the owners of more than one-half (1/2) of the frontage on a street, the Board of Trustees shall order a public hearing and make determination as to whether or not said construction shall be made and how the expense shall be paid.
A. 
Expense of construction and repair. Whenever the Board of Trustees shall construct or repair any sidewalk, curb or gutter containing a trapdoor or grate or located wholly or partly over a cellarway, underground vault or other excavated or open area, the expense of such construction or repair shall be borne partly by the village and partly by the owner of the adjoining land.
B. 
Village's expense. The portion of the expense which shall be borne by the village shall be the estimated expense of such construction or repair if the sidewalk, curb or gutter did not contain such trapdoor or grate or was not located over the cellarway, underground vault or other excavated or open area.
C. 
Owner's expense; manner of assessing. The portion of the expense which shall be borne by the owner of the adjoining land shall be the balance of the expense. The portion of the expense to be borne by the owner of the adjoining land shall be assessed upon the adjoining land according to the provisions of § 4-414 of the Village Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
No person shall cut or otherwise destroy, demolish or change any curb heretofore or hereafter constructed along any street, avenue, alley or other public way in the village without first obtaining the consent of the Superintendent of Public Works.
[Amended 5-7-2013 by L.L. No. 5-2013]
In the event that a permit is issued for the construction, alteration or relocation of any gasoline filling station or gasoline pumps or other apparatus for furnishing or dispensing gasoline or other commodities as provided under Chapter 300, a fee of $5 per pump shall be paid by the applicant to the Village Clerk before the installation thereof.
[Amended 5-20-2014 by L.L. No. 5-2014]
A. 
No person shall construct a driveway or approach to a parcel without first obtaining permission of the Superintendent of Public Works after recommendation by the Village Engineer.
B. 
Such permission shall be granted only upon written application signed by the owner of the parcel and the tenant, if any, desiring to cut or otherwise change the curb. Such application shall contain the following information:
(1) 
The name and street address and post office address of the owner and the tenant.
(2) 
The purpose for which the premises are to be used.
(3) 
A description of the premises.
C. 
Such application shall be accompanied by a map or plan which shall plainly show the location of all structures on said premises, place of parking, and any other use of the premises.
A. 
Permission shall be granted under the provisions of § 240-27:
(1) 
For any opening of more than two-thirds (2/3) of the frontage of said premises where the entire width of the lot is to be used for ingress or egress.
(2) 
For an opening of more than 40 feet where the length of the lot is to be used for ingress and egress.
(3) 
If more than one opening is to be made, unless each opening shall be separated by an island not less than 10 feet in width.
(4) 
If the established walk grade is to be changed.
(5) 
If an opening is to be within five feet of property lines extended to the curb and, if on a corner lot, within five feet of the inside of the sidewalk line of the adjoining street.
(6) 
Unless a cut eight inches higher than the sidewalk grade is to be constructed in back of each safety island.
(7) 
In the event that the premises are to be used for a gasoline filling station, no pump shall be erected or constructed within 10 feet of the inside of the sidewalk line of either the front or side street.
B. 
The provisions of this section shall apply to any filling station, parking lot or other premises where the curb has heretofore been cut or otherwise changed without the consent of the Board of Trustees.
[Adopted 6-12-1978 as L.L. No. 5-1978]
The following concerns the regulation of the making of openings and excavations in certain streets, highways and adjoining lands, the storing of materials upon and the moving thereover of buildings or other structures or vehicles carrying loads exceeding in size or weight the limits specified in the Vehicle and Traffic Code, prohibiting the erection of gasoline pumps or other obstructions, imposing fees and repealing inconsistent ordinances.
The following words and terms, as used herein, shall have the following meanings:
PERSON
Any individual, firm, corporation, association or partnership.
PERMIT AREA
The area within the right-of-way lines of any village street and any road or highway constructed in accordance with plans and specifications approved by the village.
It shall be unlawful for any person to make or cause or permit to be made or caused any excavation or opening in or under the surface or pavement of any permit area or to perform any work within the permit area for the purpose of installing or repairing pipes, sewers, drains, conduits, sidewalks, curbs, driveways and similar structures or for erecting or replacing poles without first having obtained a permit, nor shall any person store materials upon or move over any permit area buildings or other structures or vehicles carrying loads exceeding in size or weight the limits specified in the Vehicle and Traffic Code without having first obtained a permit.
A written application for a permit shall be made to the Engineering Department of the village setting forth:
A. 
The name and address of the applicant.
B. 
The purpose of the application.
C. 
The time and place where the work is to be done and the permit area to be occupied.
D. 
The nature of the work to be done.
E. 
The name of the owner of the abutting property, together with a statement that the consent of such owner to the performance of the work has theretofore been obtained, except that such statement shall not be required where the application is made by a corporation subject to the supervision of the Public Service Commission, and such other information as may be required by the Superintendent of Public Works.
[Amended 2-17-1987 by L.L. No. 2-1987]
F. 
That the Village Engineer has set special requirements and regulations for excavating and trenching procedures, along with terms for environmental protection. This information will be included with the issuing of a street work permit.
[Amended 2-17-1987 by L.L. No. 2-1987]
A. 
The filing of an application and the issuance of a permit hereunder shall constitute an agreement on the part of the applicant to comply with all the terms of this Article and all rules, regulations, standards and specifications and requirements of the Village of Johnson City now in force or hereafter adopted and shall also constitute an agreement to indemnify and save the village harmless from and against all claims, demands and actions for damages either to person or property that may be sustained by any reason of or arising out of any work done or action taken under the application and permit.
B. 
The application shall be signed by a person who shall in connection therewith have filed with the Village Clerk a certificate showing that the applicant has obtained from a responsible and reputable company a policy of insurance with limits of one million/three million dollars ($1,000,000./$3,000,000.) for public liability and one hundred thousand dollars ($100,000.) for property damage against any claim, demand or action for damages either to person or property which may arise out of any work done or action taken under the application and permit. No such policy of insurance shall be required, however, where the work is to be performed by a corporation subject to the supervision of the Public Service Commission or where the work is to be performed by the owner himself or herself on his or her own property, does not involve the breaking of any improved road surface, is to be completed within three (3) working days and the cost does not exceed the sum of one hundred dollars ($100.).[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
There shall also be filed a surety bond in the amount of one thousand dollars ($1,000.) for each permit in favor of the Superintendent of Public Works and the Village of Johnson City, guaranteeing compliance with the provisions of this Article, together with a certified check, payable to the Village Superintendent of Public Works in the sum of one hundred dollars ($100.). The Superintendent of Public Works shall use all or any portion of said one hundred dollars ($100.) necessary to reimburse the Village of Johnson City for any cost incurred in restoring any excavation as a lawful charge against any applicant who fails to do so in accordance with the requirements of this Article.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
In lieu of a separate surety bond in the sum of one thousand dollars ($1,000.) and a cash deposit of one hundred dollars ($100.) for each excavation, any person, firm or corporation may file with the Village Superintendent of Public Works on or before January 31 of each calendar year or, in any event, prior to the issuance of any permit under this Article a certified check or its equivalent or assign a bank (interest) account to the Village of Johnson City in the sum of not less than two thousand five hundred dollars ($2,500.) or file a blanket surety performance bond in the principal sum of five thousand dollars ($5,000.), each of which shall be in favor of the Superintendent of Public Works and the Village of Johnson City, covering all excavations by said person, firm or corporation during the remainder of the calendar year in which said deposit is made or for which said surety bond is filed, guaranteeing compliance with the provisions of this Article.[3]
[3]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
The condition of such deposit or the filing of said surety bond shall be that the Superintendent of Public Works may use all or any portion of said deposit or enforce and take any legal remedy against said surety bond or otherwise to the extent necessary to reimburse the Village of Johnson City for any cost incurred in restoring any excavation as a lawful charge against any applicant for a permit who fails to properly restore said excavation or otherwise comply with the requirements of this Article.
F. 
Said surety bond, cash deposit or its equivalent or assignment of any bank (interest) account shall be retained by the Village Superintendent of Public Works for a period of one (1) year from the date that the work is performed.
At the time of the filing of the application, the applicant shall pay, in addition to the permit fee hereinafter specified, the fees for construction and inspection set forth below:
A. 
For openings or excavations in an improved or unimproved surface, an inspection fee of two dollars ($2.) for each one hundred (100) square feet or fraction thereof in excess of the first one hundred (100) square feet (for which no inspection fee will be charged).
B. 
Poles. For the erection of poles in new locations, an inspection fee of one dollar ($1.) for each pole. No fee will be charged, however, where a pole is installed merely as a replacement of a pole previously erected.
C. 
Curbs. Where curbs are constructed by the permittee, the fee shall be two dollars ($2.) for each twenty-five (25) linear feet or fraction thereof.
D. 
Closing road to traffic. For closing a road to traffic, an inspection fee of one dollar ($1.) per hour for the first twenty-four (24) hours and five dollars ($5.) per day for each subsequent day or fraction thereof.
E. 
Occupying permit area. For occupying the permit area with building or construction materials or carrying on other operations therein, a fee of five dollars ($5.) for the first twenty-four (24) hours. A fee of one dollar ($1.) per day will be charged thereafter.
F. 
Moving buildings or other structures or vehicles carrying loads exceeding in size or weight the limits specified in the Vehicle and Traffic Code: five dollars ($5.) per day.
G. 
Special inspections. For special inspections, a fee of five dollars ($5.) per hour or fraction thereof for the time the Village Inspector is engaged in such work.
H. 
Street work permits. A fee for said street work permit shall be five dollars ($5.) per application.
[Added 2-17-1987 by L.L. No. 2-1987]
Upon the filing of the application, the certificate of insurance, where required, and the payment of the fee or fees hereinabove specified, the postings of the guaranties and, in addition, a permit fee of one dollar ($1.), the Engineering Department shall issue a permit which (unless stated to be for a shorter period) shall be good for thirty (30) days and may be renewed for a like period upon payment of a renewal fee of one dollar ($1.). The permit shall at all times be kept in the possession of a competent person actually engaged on the work and upon demand shall be exhibited to any police officer or duly authorized employee of the village, county or state.
The filing of an application for the installation or repairing of pipes, sewers, drains, conduits, sidewalks, curbs, driveways and similar structures or for erecting or replacing poles shall constitute an agreement that the applicant will, upon notice from and without expense to the village, make such changes in the location thereof as may be required by the Superintendent of Public Works. The issuance of a permit hereunder shall not confer upon the applicant a permanent right to maintain such structures in the permit area. If any such structure is not removed upon receipt of notice so to do from the village, the Engineering Department may thereupon remove it and charge the cost of such removal to the applicant.
It shall be the duty of the applicant to furnish reasonable protection and as described in Sub-Chapter G of the Manual of Uniform Traffic Control Devices to the traveling public surrounding the location of all openings, excavations, stored materials and buildings or other structures within the permit area by means of suitable flags, signs and barricades, supplemented where necessary by warning lights which shall be kept visible from sunset to sunrise, or to provide such other means of protection [including one (1) or more flagpersons to direct traffic] as may be required by the Superintendent of Public Works.
[Amended 2-17-1987 by L.L. No. 2-1987]
All work performed hereunder shall be subject to the supervision and approval of the Superintendent of Public Works. Whenever the Superintendent of Public Works shall consider it necessary or advisable, he or she shall assign a special village inspector to inspect the work as it progresses. No excavation shall be permitted after November 15 and before March 15 except in an emergency or for other reason as approved by the Superintendent of Public Works. All such work shall conform to the following requirements:
A. 
Commencement of work. All work shall be undertaken within the time specified in the permit or within twenty-four (24) hours after receipt of the permit where no time for commencement is specified and shall be performed diligently and continuously until completed.
B. 
Closing permit area to traffic. In no case shall a permit area or any part thereof be closed to traffic without the written consent of the Superintendent of Public Works.
C. 
Tunneling under an improved surface. Whenever, in connection with any work covered by this Article, a tunnel is to be made under an improved surface, this fact shall be disclosed in the application. Before a tunnel is excavated, specific approval must be obtained from the village and endorsed upon the permit. The backfilling of the excavation shall not be done except in the presence of a special village inspector; it shall be made with one-to-four-to-eight (1:4:8) damp concrete mix, thoroughly tamped in six-inch layers, or according to a similar method approved by the Superintendent of Public Works.
D. 
Backfilling excavations. All openings or excavations shall be backfilled promptly with suitable materials thoroughly compacted in layers, each of which shall not exceed twelve (12) inches in depth, tamped to within ten (10) inches of the surface or puddled where required.
E. 
Sidewalks and gutters. Sidewalks, gutters, paving and other improvements shall be restored by the applicant to the condition and extent existing before the opening or excavation was made and in conformance with current construction specifications.
F. 
Temporary paving. A temporary paving of suitable stony materials eight (8) inches in depth, thoroughly bound and compacted, and covered with two (2) inches of compacted asphaltic concrete shall be installed flush with the surface of the adjoining paving. The applicant shall keep and maintain such paving in proper condition until such time as the permanent paving is installed. If the applicant fails to install such temporary paving within forty-eight (48) hours after completion of the improvement or fails to properly maintain such paving, the village shall perform the work and charge the cost thereof to the applicant.
G. 
Permanent paving. Permanent paving conforming to village construction specifications will be installed by the permittee within a reasonable period of time after installation of the temporary paving. If, within one (1) year after the installation of the permanent paving, defects appear therein resulting from defective work or material used by the applicant, the applicant shall reimburse the village for the cost of all necessary repairs to the permanent paving.
A. 
Lines and grades. The Village Engineer shall furnish information as to lines and grades for the construction and repair of sidewalks, curbs, drains and driveways within a permit area. No work shall be performed therein which does not conform with such lines and grades.
B. 
Curbs. The construction of concrete curbs and the making of cuts therein shall be performed in accordance with village standards and specifications.
C. 
Driveways. Driveways shall be constructed across the permit area at the grade of the sidewalk and meet the grade of the depressed curb. Curbs may be depressed to one (1) inch to one and one-half (1 1/2) inches above the surface of the gutter. Sidewalks shall be continued across driveways.
D. 
Drains. No storm, roof, swimming pool, sump, air conditioning, driveway, parking lot, gasoline or service station, used car lot, car wash or other drain shall be constructed or maintained which discharges water or other waste over or upon any sidewalk. Where required by the Village Engineer, such drains shall extend to a storm drainage facility. The Village Engineer may require drainage facilities to be installed by the property owner to accommodate any of the above water sources which discharge over or upon the permit area. Such drains shall be constructed under the sidewalk. Where the outlet of a drain is adjacent to a storm sewer, connection shall be made thereto. Wastes from sinks or cesspools and foul or offensive drainage shall not be discharged upon any street, sidewalk or into storm drains.
E. 
Pipes. Property owners shall keep free of obstructions all existing gutter pipes under driveways which receive or carry water within a permit area. No permits will be issued for replacement or new installations of gutter pipes under driveways which are served by curbed roads.
F. 
Specifications and regulations. All work performed within a permit area shall conform to the village specifications and regulations on file in the office of the Village Clerk.
No building or construction materials or facilities for building construction shall be permitted to occupy more than one-third (1/3) of the width of an improved road surface or to obstruct any sidewalk so that free passage of not less than four (4) feet in width shall at all times be maintained, nor shall such materials be permitted to obstruct the flow of water in any gutter or be placed within twenty-five (25) feet of any fire hydrant or be mixed upon an improved surface or let within the permit area after the expiration of the permit.
No gasoline pumps, oil tanks, walls, fences, light posts, signs, stones, planting, shrubbery or similar obstructions shall be placed within the permit area. Any such obstructions shall be removed promptly by the property owner whenever written notice to remove the same is given by the Superintendent of Public Works. If the owner fails to comply with such notice, the village shall remove the obstruction and charge the cost thereof to the owner.
[Amended 12-21-1993 by L.L. No. 1-1993]
Any person who shall do or cause any work to be done or any action to be taken without the permit required by this Article or who shall fail to comply with any of the provisions of the permit or of this Article shall be liable, on conviction thereof, to a fine or penalty as provided in § 1-15 of Chapter 1, General Provisions, Article II, for each offense. Whenever such person shall have been notified by a village official or by the service of a summons in a prosecution or in any other way that he or she is committing a violation of this Article, each day in which he or she shall continue such violation after notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected before any Judge of the Village of Johnson City as like fines or penalties are now by law collected. In addition, civil actions for damages or other relief may be commenced and prosecuted as provided by law.
[Added 5-20-2014 by L.L. No. 5-2014]
A. 
This section applies to any person, firm or corporation receiving multiple notices of violation or orders to remedy in a twelve-month period for a violation of this chapter.
B. 
Any person, firm or corporation receiving multiple notices of violation or orders to remedy within a twelve-month period shall be subject to an inspection fee as set forth in the fee schedule below:
(1) 
First notice of violation or order to remedy received: no charge.
(2) 
Second notice of violation or order to remedy received, inspection fee of $100.
(3) 
Third notice of violation or order to remedy received: inspection fee of $150.
(4) 
Fourth notice of violation or order to remedy received: inspection fee of $200.
(5) 
Fifth notice of violation or order to remedy received: inspection fee of $500.
C. 
The inspection fees prescribed above shall be billed directly to the tenant or owner as the case may be, and a copy mailed to the owner and/or contact person/agent of the property. Inspection fees shall be increased 25% when not paid within 30 days after initial billing, to cover administrative costs. This subsection shall not be considered the exclusive method of collecting inspection fees and shall not preclude collection by other lawful methods. If unpaid after 30 days, the costs may be added to and collected in the same manner as real property taxes.
D. 
Every notice of violation or order to remedy shall contain a clear and conspicuous explanation of the policy in this section requiring fees for inspections or a copy of this section.
E. 
The Code Enforcement Official, Director of Public Services or Village Treasurer may waive an inspection fee in case of error, mistake, injustice or other good cause.