City of Mount Vernon, NY Article I General Provisions

§ 227-1 Definitions and word usage.

A. Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of Part 1 of this chapter, have the meanings herein indicated:

CITY

The City of Mount Vernon, New York.

COMMISSIONER

The Commissioner of Public Works of the City of Mount Vernon or his duly authorized representative.

CORPORATION COUNSEL

The Corporation Counsel of the City of Mount Vernon or his duly authorized representative.

DRAINAGE SERVICE LINE

Refers to the pipe or conduit laid between its connection point on a stormwater drain and a building or property for the purpose of conducting waste, other than domestic sewage and other than injurious water liquids, from the said building or property into the said stormwater drain.

INVERT

The lowest point in the internal cross section of a sanitary sewer, stormwater drain, house sewer or drain.

PERMIT

Refers to written permission issued with the approval and signature of the Commissioner of Public Works and specifically authorizing a person, firm or corporation to perform certain work in accordance with the provisions of the Charter and ordinances of the City of Mount Vernon.

PERMITTEE

The person, firm or corporation obtaining a permit, or his or its duly authorized representative, agent, employee or subcontractor.

SANITARY SEWER

Refers to the lateral or street sewer or manhole built thereon in a public street, highway, sidewalk area, easement or other public area and under control of the City.

SEWER SERVICE LINE

The pipe or conduit laid between its connection point on a sanitary sewer and a building for the purpose of conducting domestic sewage and noninjurious water liquids from such building into such sanitary sewer.

SIDEWALK DRAIN AND CURB DRAIN

Refers to the pipe or other conduit laid under or across the sidewalk area between the curb or curbline and the property line for the purpose of conducting roof and surface water from buildings and ground into the gutter.

STORMWATER DRAIN

Refers to the lateral or main stormwater drain in a public street, highway, sidewalk area, easement or other public area and under the control of the City.

B. Word usage.

(1) The words "directed," "required," "permitted," "ordered," "designated," "selected," "prescribed," "determined," "certified," "specified" or words of like import used in Part 1 of this chapter shall mean, respectively, the direction, requirement, permission, order, designation, selection, prescription, determination, certification or specification of the Commissioner of Public Works.

(2) The words "approved," "authorized," adequate, "suitable," "acceptable," "satisfactory," "equal," "necessary," "competent," or words of like import used in Part 1 of this chapter shall mean, respectively, approved by, authorized by, acceptable to, satisfactory to, or equal, necessary, adequate, suitable or competent in the opinion of, the Commissioner of Public Works.

§ 227-2 Restrictions as to performance of work.

A. The permittee shall not begin or carry on any part of the work provided to be done under any permit issued in accordance with the provisions of Part 1 of this chapter, except in the event of approved emergencies, without first notifying the Commissioner not less than 24 hours in advance thereof (Saturdays, Sundays and holidays not included) and obtaining the Commissioner's prior approval thereof.

B. No work provided to be done under said permit shall be performed on Saturdays, Sundays or holidays except with the prior approval of the Commissioner or in the event of an emergency.

C. In case of an emergency when a permit cannot first be obtained because the office of the Commissioner of Public Works is closed, proper excavations may be made, in which event the permit above specified shall be obtained within four hours after the office of the Commissioner of Public Works is open or the work shall cease thereon.

§ 227-3 Expenses incurred by City.

A. Any expenses that may be incurred by the City in connection with the work to be done under the provisions of the permit and/or in the enforcement of Part 1 shall be paid by the permittee within 10 days after the Commissioner shall have sent the permittee a statement of such expenses as certified by said Commissioner.

B. The said permittee shall be billed by the City for any inspection and/or any other expenses incurred by the City by reason of any failure or default on the part of said permittee, as determined and certified by the Commissioner, and any such bill shall be paid within 30 days after the same shall have been rendered by the City.

§ 227-4 Materials.

A. All materials used or incorporated in any work done under the provisions of Part 1 of this chapter shall conform to such specifications as may be promulgated by the Commissioner.

B. In general, the current standard specifications of the Department of Public Works shall be followed, subject to the prior approval of the Commissioner, before these materials are incorporated in the work.

C. Materials shall, at the discretion of the Commissioner, be submitted to such tests as may, in his opinion, be necessary to determine their quality and acceptability. Such tests may be made in any laboratory designated by the Commissioner, and the City shall be reimbursed by the permittee for any expense incurred on account of such tests.

§ 227-5 Responsibilities of permittee; adherence to standards.

All work related to any permit issued pursuant to the provisions of Part 1 of this chapter, unless otherwise provided in this Part 1, shall be performed by the permittee at said permittee's own expense and strictly in accordance with the provisions of the Charter and ordinances of the City, the applicable rules and regulations of the Department of Public Works and such specifications as may be promulgated by the Commissioner, and to the satisfaction of the Commissioner.

§ 227-6 Availability of permit.

The permit must be in the possession of the parties actually doing the work and must be exhibited to the Commissioner or to any authorized representative of the City upon request.

§ 227-7 Revocability of permit.

The Commissioner shall have the right to revoke or cancel the permit at any time should the permittee fail to comply with any of the terms, agreements, covenants and conditions thereof.

§ 227-8 Transfer of permit.

The permit shall not be assigned or transferred except upon the prior written consent of the Commissioner.

§ 227-9 Cleanup and restoration of site.

The permittee shall clean up and remove promptly from the site of the work, upon completion thereof, all surplus excavated material and debris, and shall leave the site of the work in a neat and orderly condition. Where topsoil, seeded areas, sod or sidewalks are disturbed in the course of the work, the permittee shall restore the ground surfaces and sidewalk to their former condition.