[HISTORY: Adopted by the Town Council of the Town of Charlestown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-14-1979 as Ch. 10 of the Code of Ordinances]
The provisions of this chapter shall be in addition and supplemental
to all other provisions of this Code.
[Amended 6-12-1989 by Ch. 171]
It shall be unlawful for any person, except city employees in the course
of their employment, to open, dig into, remove the surface from, excavate
or bore or tunnel under any street, sidewalk, alley, public way or place without
first obtaining a permit therefor from the Director of Public Works.
[Amended 6-12-1989 by Ch. 171]
The application for a permit required by this chapter shall contain
such information as the Director of Public Works deems necessary and shall
be accompanied by a fee in the amount set by ordinance by the Town Council.
[1]
Editor's Note: Current fees are available and on file in the office
of the Town Clerk.
[Amended 6-12-1989 by Ch. 171]
In granting a permit required by this chapter, the Director of Public
Works may impose reasonable regulations, including but not limited to:
A.
The manner of making the excavation, boring or tunneling.
B.
The location of the excavation, boring or tunneling.
C.
Protection of underground utility installations.
D.
The duration of the excavation, boring or tunneling.
E.
Required safety precautions, such as barricades, lighting,
warning devices, etc.
F.
The extent and size of the excavation, boring or tunneling.
G.
Steps to be taken to protect nearby property owners.
[Amended 6-12-1989 by Ch. 171]
When required by the Director of Public Works, the applicant for a permit
under this chapter shall submit satisfactory evidence that he has sufficient
assets or insurance to indemnify the town for any costs, losses or liabilities
that it may incur by reason of such excavation and to satisfy any judgments
or liabilities arising out of the excavation.
[Amended 6-12-1989 by Ch. 171]
It shall be the duty of the person making any excavation or doing any
boring or tunneling hereunder to fill the excavation and restore the surface
to a condition at least equal to the surface prior to the excavation or, in
the case of boring or tunneling, to take such steps or precautions as are
necessary to assure that there will be no sinking or shifting of the surface.
If so required by the Director of Public Works, any person making an excavation
or doing boring or tunneling shall furnish a deposit, bond or other security
sufficient to assure compliance with this section; provided, however, that
the town may elect to fill and resurface the excavation or take the necessary
precautions and charge the cost thereof against the person making the excavation
or doing the boring or tunneling.
In addition to any other penalty imposed by law, any person violating
any provision of this chapter shall have his excavation permit revoked.
[Amended 6-12-1989 by Ch. 171]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punished, for each violation, by a fine of not more
than five hundred dollars ($500.) or by imprisonment for not more than thirty
(30) days. The continuation of a violation of any provision of this chapter
shall constitute, for each day the violation is continued, a separate and
distinct violation hereunder.
[Adopted 7-11-2005 by Ord. No. 278]
The Director of Public Works or his/her designee shall be the sidewalk
inspector for the Town.
That portion of the highway between the property line and the edge
of pavement of the highway which is set aside, laid out, or has a planned
use for pedestrian traffic.
Any portion of the sidewalk area which has been made smooth by the
application of cement, concrete, asphalt, brick, gravel, or other durable
substance, compacted and made smooth.
The Charlestown Police Department shall have the authority to enforce
the provisions of this section.
A.
Removal of Snow. The owner, occupant or any persons having
the care of any building or lot of land bordering on any street, highway,
square or public place within the Town where there is a sidewalk shall, within
the first eight (8) hours of daylight after the ceasing to fall of any snow,
cause such snow to be removed. In the case of neglect to do so, the person
responsible for causing such snow to be removed, after having received a written
warning on a first offense, shall be subject to a fine of twenty dollars ($20.00);
and additionally, for every hour after the expiration of the specified eight
(8) hours that the snow shall remain on such sidewalk, such owner, occupant
or other person shall pay a fine of two dollars and fifty cents ($2.50) per
hour, not to exceed a maximum of one thousand dollars ($1,000.00) per occurrence.
This section shall also apply to the falling of snow from any building. Each
such owner, occupant or any persons having the care of any building or lot
of land bordering on any street, highway, square or public place within the
Town where there is a sidewalk shall be liable to the Town for all losses
to the Town or recovery from the Town for damages to persons or property of
others caused by such failure to remove the snow.
B.
Removal of Ice. Whenever the sidewalk or any part thereof
adjoining any building or lot of land on any street, highway, square or public
place shall be encumbered with ice, it shall be the duty of the owner, occupant
or any person having the care of such building or lot to cause such sidewalk
to be made safe and convenient by removing the ice therefrom or by covering
the same with sand or some other suitable substance. If such owner or other
person shall neglect to do so for the space of two (2) hours during the daytime,
after having received a written warning for a first offense, he/she shall
pay a fine of twenty dollars ($20.00) and a like sum for every day thereafter
that the same shall continue to be an encumbrance. Each such owner shall be
liable to the Town for all losses to the Town or recovery from the Town for
damages to person or property of others caused by such failure to remove the
ice.
A.
No awning shall be placed or maintained over any sidewalk
unless supports and every part of such awning shall be at least 7 1/2
feet above the sidewalk.
B.
When any gravel, soil, mud, ashes, cinders, litter, debris,
or obstructions of any kind shall be carried or washed by rain or otherwise
deposited from any lot of land onto any sidewalk, square or public place within
the town, the owners, occupants or persons having the care of any such lot
of land shall, within 24 hours thereafter, remove such gravel, soil, mud,
ashes, cinders, litter, debris, or obstructions of any kind from such sidewalk,
square or public place.
C.
Replacement and repair; issuance of order and notice.
Owners of land fronting upon any street or highway accepted by the Town may
be ordered by the Public Works Director to replace, repair or otherwise correct
defects in any sidewalk adjacent to their land resulting from any intentional
or negligent act on the part of the property owner or any other party acting
on behalf of the property owner. Every such owner shall comply with the order
of the Public Works Director within thirty (30) days after receipt of such
notice unless the Public Works Director shall determine that an emergency
exists, in which case five (5) calendar days shall be allowed to effect the
work. Each such owner shall be liable to the Town for all losses to the Town
or recovery from the Town for damages to person or property of others caused
by such failure to repair or correct defects in any sidewalk adjacent to their
land.
D.
Appeal from order. Any owner of land who is aggrieved
by any order to replace, repair or otherwise correct defects in any sidewalk
adjacent to their land may petition the Town Council for a revision or modification
of the aforesaid order. Such appeal shall be in writing and must be received
by the Town Council within five (5) calendar days after said owner has received
notice. If such appeal shall be denied, such owner shall have fifteen (15)
days from the date of such rejection to effect such work.
