[HISTORY: Adopted by the Board of Trustees
of the Village of Johnson City as indicated in article histories.
Amendments noted where applicable.]
[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.
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, including any Village administrative costs related thereto and any inspection fees as set forth below, shall become a lien upon said adjoining premises and shall be assessed against the same. 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:
[Amended 4-18-2017 by L.L. No. 4-2017; 3-2-2022 by L.L. No. 5-2022]
(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 $250.
(3)
Third notice of violation or order to remedy received: inspection
fee of $500.
(4)
Fourth notice and any subsequent notice of violation or order to
remedy received: inspection fee of $1,000.
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.
[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]
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:
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:
Any individual, firm, corporation, association or partnership.
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]
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]
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]
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:
[Amended 3-2-2022 by L.L.
No. 5-2022]
(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 $250.
(3)
Third notice of violation or order to remedy received: inspection
fee of $500.
(4)
Fourth notice and any subsequent notice of violation or order to
remedy received: inspection fee of $1,000.
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.
