[Adopted 5-11-1915 (Ch. 82 of the 1967 Code)]
[Added 3-4-1926[1]]
All persons, firms, corporations or copartnerships
are hereby forbidden to cut, remove, change, lower, alter, disturb,
mar, deface, chip, break, crack, injure, remove or destroy any curb,
curbstone or curbing, or any part thereof, in any streets, parks or
public places, in the City of Norwich, New York, without written permission
of the Common Council of the said City, duly attested by the Mayor
or the City Clerk of said City, be the same for the purpose of facilitating
the approach from any such street, park or public place to adjoining
property, or otherwise.
[Amended 9-16-1997 by Ord. No. 10-1997[1]]
No person shall place or deposit, except as
hereinafter provided, on any sidewalk or in any street or park, any
sign, cask, box, stone, sand, vehicle, lumber or other substance or
sort; and the person depositing the same, and the owner or occupant
of the premises in front of which any such article, substance or material
shall be, shall be subject to a penalty as provided in this article
for every 24 hours the same shall remain after he is notified either
in writing or orally by the Code Enforcement Officer, a police officer
or the Mayor to remove the same, and the Code Enforcement Officer
may remove or cause to be removed any such obstruction and charge
the same to any owner or occupant as provided by the City Charter.
[Amended 6-14-1938[1]]
A.
The Common Council may grant permission, in writing,
to any person to place and keep any building material in any of the
public streets or places within the City for the purpose of building
or making repairs, for a period of not to exceed three months. Such
permit shall provide for the portion of the sidewalk or public street
to be obstructed and it shall be discretionary with the Common Council
as to what part of any street or sidewalk may be so obstructed. Such
permission may, at any time, be revoked by the Common Council without
notice. Any person to whom permission is granted as aforesaid shall
cause all said materials to be enclosed within sufficient guards as
to secure public safety, and at all times during the night shall keep
thereon red lights and/or flares or suitable warning devices, and
such guards and lights shall in all respects, including kind, number
and location, be subject to the approval of the Common Council. All
such building material or rubbish arising therefrom shall be removed,
by the party to whom said permission is granted, from the street at
the expiration of the time limit as provided by the permit, or upon
revocation thereof by order of the Common Council. Any person to whom
said permit shall have been granted who fails to remove such material
or rubbish at the expiration of the time limit mentioned in the permit,
or when ordered to remove the same by the Common Council, shall forfeit
a penalty as provided in this article for every 24 hours said material
or rubbish shall remain in the street after such expiration or notice
to remove.
B.
All persons obstructing a street or sidewalk as herein
provided shall leave such street or sidewalk in as good a condition
as the same was prior to being so obstructed, and in case any person
shall fail to comply with this provision, the Code Enforcement Officer
may perform the necessary work upon such street or sidewalk and charge
the same to the person in default or to the owner of the property
for whose benefit said obstruction was made.
[Amended 2-23-1943[1]]
All persons, firms, corporations or copartnerships
owning or occupying property in the City of Norwich, New York, including
the owners of unoccupied property therein, are hereby required to
remove from the sidewalk adjoining premises so owned or occupied by
them all grass, weeds, stones, dirt or other obstruction, hindrance
or nuisance, and to keep the same free therefrom and from any encroachment
or obstruction; and in case of the neglect or refusal of such owner
or occupant to remove the same, the Common Council may do so, cause
to be performed the labor incident thereto, and thereupon make out
and deliver to the City Chamberlain a statement of the expense thereof,
which shall include a description of the property affected and the
amount of such expense with 10% added thereto, which shall be a lien
or charge upon the lot, lands or plot so described, and the same shall
be assessed to the owner of the property and added to the amount of
the next annual City tax and collected in the same manner provided
for the collection of taxes.
A.
No owner of property adjacent to any public street
or place in this City shall build or replace or cause to be built
or replaced any sidewalk within the boundary lines of any such public
street or public place without first making application, in writing,
to the Common Council for permission to do so. The proper grade shall
be given by the City Engineer and such permission shall be granted
in accordance with the provisions contained in Title V of the Charter
of the City.
B.
The Common Council may build, repair or replace sidewalks
adjoining private real property at the expense of the owners thereof
as provided in Title V of the Charter of the City of Norwich.
A.
Responsibility of owners. No person, partnership,
corporation or other entity being the owner or in control of or charged
with the control or management of any premises in the City of Norwich
who shall fail to keep the sidewalks and curbing situated on or running
along the street right-of-way adjoining the property in reasonably
good and safe repair for the users thereof and shall be responsible
for all necessary preventive and corrective maintenance to accomplish
such results.
B.
Conditions that may constitute defective sidewalks.
(1)
A defective sidewalk that is not in accordance with standards set forth in Subsection A shall mean any sidewalk which possess any or all of the following conditions:
(a)
Unacceptable quality of sidewalk surface, including,
but not limited to, holes, depressions, breaks or projections.
(b)
Ridges or gaps between adjoining sidewalk blocks.
(c)
Differences in elevation of a 1/4 inch in the
surface from one sidewalk block to an adjoining sidewalk block.
(d)
Peeling or crumbling of the surface of the sidewalk.
(e)
Tilting of the sidewalk or sidewalk blocks,
except in the case of handicap ramps, driveway aprons or other similar
situations.
(f)
Missing portions of surface.
(2)
The above shall be applicable regardless of the type
of construction materials constituting the make up of the existing
sidewalk, whether or not the sidewalk materials are flagstone, slate,
brick, concrete, blacktop or any other material.
(3)
All defective sidewalks, within the terms stated above
are hereby declared to be public nuisance.
(4)
Replacement of existing deteriorated sections of sidewalks
shall be allowed with in-kind materials (slate or blue stone which
shall be a minimum of three inches for sidewalk sections and four
inches in the sections of the sidewalk that cross the driveway) as
long as the replacement or repair does not exceed 50% of the total
sidewalk area as determined by the Code Enforcement Officer.
(5)
This section shall not regulate those sections of
walkways that are situated from the sidewalk to the buildings or structures
on the property.
(6)
Blacktop sidewalks that are now in existence shall
be allowed to remain as long as the required maintenance of the surface
is followed. The resurfacing of existing, replacement or the placement
of new blacktop driveways is allowed. The continuation of a blacktop
driveway may be performed only if there is not an existing sidewalk
in the area where the driveway would extend to the street. Any deteriorated
sidewalk in the area crossing the driveway shall be replaced as allowed
under this section.
C.
Trees and shrubbery. There shall be no vegetation,
whether in the form of grass, weeds, flowers, shrubbery, trees or
other forms of vegetation allowed to encroach upon any sidewalk so
as to diminish the existing width or prohibit free and clear passage
by individuals. All trees and shrubbery, whether located between the
curb and sidewalk or the sidewalk to the building, shall be trimmed
and maintained at a clear height, for passage of individuals along
the sidewalk, of eight feet above the sidewalk as measured from the
sidewalk surface to the lowest branch situated above the sidewalk
area. On a corner lot, no wall hedge or similar planting shall obstruct
a clear view for motorists and pedestrians or shall be erected or
placed or maintained within the triangular area formed by the intersecting
street lines and a straight line adjoining said street lines at points
which are a twenty-five-foot distance from the point of intersection,
measured along said street lines. Existing wall hedges or plantings
in the above-noted area shall be maintained at a height not to exceed
42 inches.
D.
Enforcement.
(1)
Enforcement officials.
(a)
It shall be the duty and responsibility of the
Fire Chief or his/her designated agent (i.e., Code Enforcement Officer)
to have jurisdiction in enforcing the provisions of this section,
regarding the ordering of repair of a defective sidewalk(s) and for
taking remedial actions towards making the surface in good repair.
(b)
Upon receipt of a written complaint regarding
the condition of or notification of injury upon any sidewalk located
within the City boundaries which may be in violation of this section,
the Code Enforcement Officer shall make an inspection of the sidewalk
and file a report in his/her office.
(c)
No inspection of any lands within the City for
compliance with this section shall be conducted where to do so would
constitute a trespass upon the premises.
(2)
Notice of violation.
(a)
Upon a determination by the Code Enforcement
Officer that the sidewalk is in violation of this section, the Code Enforcement Officer shall cause
a written notice of violation to be given to the person, partnership,
corporation or other entity being the owner or in control of or charged
with control or management of the premises.
(b)
Notice shall be given by personal service upon
the person, partnership, corporation or other entity being the owner
or in control of or charged with control or management of the premises
or by return-receipt-requested United States mail addressed to the
owner of said premises at the address listed upon the latest City
of Norwich real property tax roll for said premises. If notice cannot
be effectuated by personal service or return-receipt mail, the City
Code Enforcement Officer shall make application to the Judge of the
City of Norwich Court for an order directing the manner of giving
notice most likely to notify the person, partnership, corporation
or other entity, being the owner or in control of or charged with
control or management of the premises, of the violation.
(3)
Contents of the notice. The notice shall contain the
following:
(a)
A statement that the sidewalk was inspected on a specified date and found to be in violation of Subsection B of this section and stating the particulars in which the sidewalk is defective and a designation of the area in which repair or replacement is to be made.
(c)
A specific date on which the sidewalk will be reinspected for compliance with Subsection A. The specific date shall not be less than the 40 days computed from the date of mailing the letter.
(d)
A procedure to schedule a hearing before the
City Council, if the owner does not agree with the finding of the
Code Enforcement Officer. Said hearing shall be scheduled not less
than 20 business days from the date of service of the written notice.
(e)
A statement that, in the event of neglect or
refusal to comply with the order to repair or replace the defective
sidewalk, the City Council is authorized to provide that the sidewalk
be secured and repaired and all expenses thereof assessed against
the land in which the sidewalk is located, including related necessary
or incidental expense.
(4)
Extension of time to comply. The Code Enforcement
Officer may extend time requirements for cause and in writing and
upon reasonable terms and conditions.
E.
Work and material requirements. The property owner/contractor
is responsible for the quality of the finished sidewalk. The Code
Enforcement Officer will inspect the project from time to time and
may require the owner to remove and replace any construction that
does not meet the standards as set forth below and as may be modified
from time to time.
(1)
Before engaging upon sidewalk repair or construction,
the contractor, on behalf of the owner, must obtain a permit from
the Code Enforcement Officer. The Code Enforcement Officer shall make
the applications available through his office.
(2)
At the time of making application to the City for
a permit to construct or repair a sidewalk, the owner or contractor
shall pay to the City a permit fee in such amount as the City Council
may, from time to time, determine.
(3)
No permit shall be issued to a contractor unless he
has on file, with the Code Enforcement Office, a certificate showing
he carries workmens' compensation for all of his employees, together
with such other insurance as the Code Enforcement Officer may rule
or require.
(4)
No person shall repair or reconstruct a sidewalk unless
the same shall be in accordance with the grade established and obtained
from the City Code Enforcement Office.
(5)
All replacement sidewalks shall be constructed of concrete. Asphalt is not permitted in the sidewalk area [see Subsection B(6) for allowability].
(6)
All sidewalk repairs or construction is to be performed
in accordance with rules and regulations established by the Code Enforcement
Officer, who shall prepare the same and promptly file them in the
office of the City Clerk.
(7)
All sidewalks shall be constructed at a minimum width
of four feet and a minimum depth of four inches. Driveway areas shall
be a minimum depth of six inches. All sidewalks shall drain to the
street side with a slope of 1/4 inch per foot. Any sidewalk terminating
at a street corner shall have a handicap ramp installed as per ADA
standards.
(a)
The subgrade shall be free from all bumps, depressions,
standing water, roots, organic material, and all deleterious material.
The subgrade shall be graded, leveled and compacted to a smooth surface,
parallel to the final surface. The prepared subgrade shall be a minimum
of six inches on each side in excess of the width of the sidewalk.
All forms are to be set upon the prepared subgrade and the subgrade
itself shall be finally prepared by screening to a depth of four inches
below the top of the form by means of a wood template held rigidly
on and sliding over the forms. All excess material shall be removed
and all depressions filled and tamped. The subgrade shall be wetted
to a penetration of at least one inch before placing concrete thereon.
(b)
The side forms shall be of steel or wood. They
shall be placed true to line and grade rigidly held in place by proper
pins or stakes in such a manner that the sidewalk will have the required
thickness. All forms shall be thoroughly cleaned and oiled before
placing concrete against them.
(c)
The sidewalk shall be constructed of four-thousand-pound
concrete and shall meet the requirements as specified in Section 700
of the NYSDOT standard specifications. Portland cement concrete sidewalk
shall meet material requirements and be of composition to comply with
the Class A concrete under Section 501-2 of the NYSDOT specifications.
The concrete shall be proportioned in accordance with the aggregate
weights specified for Class A concrete in Table 501-3 concrete proportions.
(d)
Expansion joints 1/2 inch in thickness shall
be constructed at all points where the sidewalk abuts buildings, curbs
or other permanent structures. Expansion joints shall also be required
normal to the longitude axis at intervals of 20 feet. Joint fillers
shall be premolded bituminous materials as specified in NYSDOT specifications,
Section 705-7. Filler shall be set one inch below the sidewalk surface,
extend to the sidewalk subgrade, and extend the complete width of
the sidewalk. The upper one inch shall be sealed with a hot poured
bituminous filler. Control joints shall be at five-foot intervals
in both directions. All control joints, expansion joints and sidewalk
edge shall have a three-eighths-inch radius, troweled to prevent flaking;
a broom finish shall be applied to all sidewalk surfaces.
(e)
Any other matters or items that the Code Enforcement
Officer shall deem necessary, appropriate or desirable.
(8)
A copy of any permit issued in accordance with this
section in the name of the persons actually doing the work shall be
posted for inspection by the Code Enforcement Officer.
F.
Obstructing enforcement. It shall be unlawful for
any person, whether or not interested in the property affected by
this section, to hinder or obstruct the Code Enforcement Officer or
any person acting on his/her behalf, including any contractor performing
the work.
G.
The City
shall be reimbursed for the cost of the work performed or services
rendered, as provided in this section, by assessment against and collection
from the lots or parcels of land where such work was performed or
services rendered for so much of the actual and complete cost as incurred
upon and from each lot or lots, in the manner provided for the assessment
of the cost of public improvements by applicable law, together with
appropriate interest.
It shall be lawful for any person having a place
of business in said City to exhibit merchandise on the sidewalks of
said streets in front of their respective places of business, except
that said merchandise shall not extend upon the sidewalk a distance
greater than four feet from the adjacent buildings, but in no event
shall such merchandise cover the sidewalk for a distance from the
adjacent buildings greater than 1/4 of the width of said sidewalks.
[Amended by Ord. No. 2-1982]
Awnings may be constructed in front of any building
within said City, subject to the approval of the Common Council, to
project over the sidewalks not to exceed 6 1/2 feet, such awnings
to be securely attached to said building in such a manner as to be
at all times safe and self-supporting, every part of such awning shall
not be lower than eight feet above the surface of the sidewalk as
not to interfere with the usual and customary use of such sidewalk
by the public, except that a cloth awning shall not be lower than
6 1/2 feet above the surface of the sidewalk. Every owner or
occupant of every such building shall keep the awning attached thereto
free from snow, ice, dirt or other obstruction. No person or firm
shall suspend from any awning over any sidewalk merchandise articles
of any kind.[1]
No person shall scatter, throw or dump ashes,
wastepaper, handbills, circulars, rubbish or other material of any
sort in any public street or place within said City except by permission
of the Common Council.
No person shall construct or maintain a gate
which shall swing outward over any sidewalk within said City.
No person shall drive any vehicle or load, or
ride or drive any animal or bicycle, along or upon any sidewalk intended
for the use of pedestrians within said City, or along or upon any
lawn or park adjacent to any such sidewalk, except that baby carriages
and invalid chairs may be propelled upon said sidewalk.
No building or part thereof shall be moved upon
or along any public street or place within said City without permission,
in writing, from the City Chamberlain, which permit shall specify
the course of removal and may require an undertaking to be signed
by the applicant and one responsible surety, approved by said Chamberlain,
conditioned that the applicant will comply with the terms and conditions
of such permit and indemnify the City against any damage or loss occasioned
by reason of such removal, and further conditioned that the person
or persons to whom such permit is granted will replace at his or their
expense any and all wires which may be moved or damaged by reason
of such moving.
No person shall burn any rubbish, leaves or
other materials in any public street or public place without the fire
limits, without permission, in writing, from the Mayor. Such permission
shall not be granted for the burning of such substances upon the paved
streets, and only upon the dirt streets between the hours of 6:00
p.m. and 8:00 p.m.
No person shall drive any vehicle over a stone
or cement curb along any street in the City unless such curbing be
protected with timber or planking of the same height as the curb or
in such other manner as the Code Enforcement Officer may direct.
No streets less than two rods in width shall
hereafter be laid out, and no street less than two rods in width shall
be hereafter accepted as, designated or made a part of the public
streets of this City, except such streets as shall have been laid
out prior to January 1, 1915, but not yet accepted.
[Added 4-21-2009 by Ord.
No. 1-2009]
The following describes the criteria used to name new streets
and assign addresses to properties along those streets. Street names
and addresses should be easy to locate. It is important that street
names not be duplicated nor sound similar to any other street within
the City of Norwich. Addresses must be consistent to provide easy
location of all properties. For the health, safety and welfare of
the public, people must be able to describe their location for emergency
services, and responding emergency personnel must easily find the
location. The City of Norwich Common Council must approve any change
in a property address.
A.
Renaming of streets.
(1)
The general policy is that the names of streets and lanes should
not be changed.
(2)
The renaming of a specific street should only be considered when
duplication of the name occurs within the City of Norwich or when
renaming would generally improve the City's administration of
essential services or would be in the public's best interest.
(3)
Any street to be renamed shall be by the recommendation of the Planning
Commission and resolution of the City Common Council upon approval
after a public hearing.
B.
Criteria for name selection. The assignment of street names and addresses
shall be based on the following criteria:
(1)
New streets shall be named according to an approved list to be prepared
by the Planning Commission and approved by the City Common Council
by resolution, provided City Common Council shall retain the authority
to name or rename any street as it may determine appropriate for any
special circumstance. The list shall be available in the Planning
Department office.
(2)
The approved name list may contain the names of local people and
families, places, events, native flora and fauna and natural and geological
features with cultural and historical significance to this area.
(3)
Only a person's last name should be used as a street name unless
additional identification is necessary to prevent duplication with
an existing street name.
(4)
Street names cannot contain any punctuation or special characters.
Only alphabetical symbols A through Z and blank spaces may be used
in street names.
(5)
Anytime a street makes a directional change of approximately 90°,
the street name shall change. A directional change of approximately
90° shall mean a horizontal curve where a reduction in the design
speed is required (i.e., a sharp turn versus a sweeping curve).
(6)
Street names should be unique and not repeated from this point forward,
with the exception of continuation of existing streets.
(7)
All street names shall be reviewed by the Police Chief and the Fire
Chief prior to final naming and renaming to ensure that street names
are not confusingly similar to other existing street names or would
otherwise be unsuitable for public safety reasons.
C.
Names to be avoided:
(1)
Street names being a duplicate of an existing street.
(2)
Similar sounding names such as Beech Street and Peach Street should
be avoided.
(3)
No curse words or derogatory terms shall be used for street names.
(4)
Cumbersome, corrupted or modified names, discriminatory or derogatory
names from the point of view of race, sex, color, creed, political
affiliation or other social factors shall be avoided.
(5)
The reuse of former street names should be avoided because of the
confusion this causes in property records management.
D.
Street type designations.
(1)
Street type designations, depending on roadway function, length and
configuration, exist to define the character of a street. The following
designations should be consulted:
(a)
Street, avenue, road, boulevard: for major thoroughfares or
streets of several blocks in length.
(b)
Drive, trail, way: for streets which are winding or curved.
(c)
Terrace, heights, gardens, grove, pathway: for minor or short
streets.
(d)
Lanes, mews, close: for narrow streets generally used for service.
(e)
Crescent: for streets which form a crescent.
(f)
Court, place: for culs-de-sac.
(g)
Circle: for streets that are circular.
(h)
Gate: for a short street that provides an entrance to a subdivision.
(i)
Square: for streets that form part of a square.
(2)
Qualifying words may be used when a newly created street is in actuality
an extension of an existing street which cannot be renumbered or for
which no municipal numbers are available. North, south, east, west
and upper and lower are appropriate qualifying words.
E.
Private streets and lanes. The guidelines and criteria for street
name selection, as set out in this section, shall apply to private
streets and lanes in all areas of the City of Norwich.
F.
Street numbering.
(1)
This section hereby establishes a system for numbering buildings
and structures on all public and private streets in the City of Norwich.
This section shall apply to all streets established after the effective
date of this article. It is not the intent to cause any numbering
changes to any street in existence in the City of Norwich prior to
the effective date of this article.
(2)
The numbering process shall follow the base line method. This base
line method will have a north-south base line and an east-west base
line. The intersection of such base lines shall hereafter be referred
to as the "initial point." The initial point for the City of Norwich
shall be the intersection of North Broad Street, South Broad Street,
East Main Street and West Main Street. The north-south baseline shall
run along the center line of both North Broad Street and South Broad
Street and the east-west base line shall run along the center line
of both east Main Street and West Main Street.
(3)
Numbering shall extend all directions from the initial point, with
the even numbers being on the right and the odd numbers being on the
left when facing away from the initial point. Houses and buildings
located on streets not extending to a base line shall be numbered
as though such street extended to a base line. Numbers shall be assigned
beginning with the number one.
G.
Displaying numbers.
(1)
The owner of each house or building within the City of Norwich shall
display thereon its correct street number. The numbers shall meet
the dimensions as specified by the New York State Fire Code, shall
be placed as near the street entrance as is practicable and shall
be clearly readable from the street in daylight. Any building which
houses more than one family or business shall display on each individual
entrance the designation of such unit, example: A, B, C or 1, 2, 3.
(2)
Should the building official find that a building, structure, or
premises is either not provided with an address, is not correctly
addressed, or is not using the assigned address, he/she shall inform
the owner of the proper address and of the necessity to correct a
deficiency through notice of address reassignment. The notice of address
reassignment shall have an effective date at least 20 days after the
mailing date of the notice. It shall be unlawful for any owner to
fail to display the correct address, advertise with a wrong address,
or use the wrong address after the effective date of a notice of reassignment.
H.
Penalties for violations. Except as otherwise provided in specific
sections of this article, each day that a violation continues is a
separate municipal violation. Sanctions for each violation in this
street numbering section shall include a fine which is the maximum
allowable by law.
No person shall break or leave any bottles,
glassware or other crockery of any sort in any public street or place
within the City limits, and any person who shall accidentally or otherwise
break any such bottles, glassware or other crockery in any public
street or place shall forthwith remove the same therefrom.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be subject to a penalty of not more than $250 or imprisonment for
not more than 15 days, or both.
