Legislation # 07-0017 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 1/24/2007
Title AN ORDINANCE TO AMEND CHAPTER 34, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STREETS AND SIDEWALKS.” ARTICLE III IS BEING REPEALED BECAUSE IT DEALT WITH SIGNS ATTACHED TO FIXTURES IN, ON, OR OVER THOROUGHFARES WHICH ARE ADDRESSED IN THE SIGN ORDINANCE.
 
Legislation History 07-0017
DateNotice Of ActionDescription
1/24/2007 Moved to approve consent agenda items 1 through 6 on first and final reading.
1/24/2007 Moved to waive the second reading of consent agenda items 1 through 6.
1/10/2007 Received By Clerk's Office
 
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Chapter 34 - Streets and Sidewalks - REDLINE - January 9, 2007.doc Other 112K Chapter 34 - Streets & Sidewalks Redline Version
 
Legislation Text 07-0017

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0017

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 34, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED STREETS AND SIDEWALKS. ARTICLE III IS BEING REPEALED BECAUSE IT DEALT WITH SIGNS ATTACHED TO FIXTURES IN, ON, OR OVER THOROUGHFARES WHICH ARE ADDRESSED IN THE SIGN ORDINANCE.

 

 

 

 

Chapter 34

 

STREETS AND SIDEWALKS*

__________

* Charter References: Casting or leaving dead or disabled animal in street, 5-13; authority of city as to sidewalk improvements, 2.01a; vacation of streets and alleys, 2.05; responsibility of department of public works as to construction of streets, 10.02.

Cross References: Building and development regulations, Ch. 9; permit to move buildings on streets, 9-5; deposit of building material on streets, 9-6; determination of lot lines as prerequisite to issuance of building permit and duty of building official as to street encroachments, 9-7; requirements of site plan ordinance relative to streets and sidewalks, 9-169; specifications for streets in cemeteries, 10-5; excavating, filling and similar operations, Ch. 13; motor vehicles and traffic, Ch. 21; disorderly conduct in streets, 24-12; loitering on streets, 24-17; obstructing free passage of others, 24-18; parades, Ch. 25; installation of sewers in streets and other areas open or dedicated to public use, 30-3; solicitors not to interfere with use of streets, 31-21; city not responsible for maintenance of private streets used for collection of garbage and trash, 32-40; streets in subdivisions, 35-74 et seq.; vehicles for hire, Ch. 38; zoning ordinance, App. A.

State Law References: General authority of city relative to streets and alleys, Code of Virginia, 15.2-2000 et seq.; franchises, sale and lease of certain municipal public property, public utilities, Code of Virginia, 15.2-2100 et seq.

__________

 

Article I. In General

Sec. 34-1. Violations of chapter.

Sec. 34-2. Certain ordinances relating to streets and alleys not affected by Code.

Sec. 34-3. Obedience to authorized barriers and signs.

Sec. 34-4. Liability insurance for projecting awnings.

Sec. 34-5. Obstructions generally--Streets.

Sec. 34-6. Same--Sidewalks.

Sec. 34-7. Sales conducted on or adjacent to public right-of-way.

Sec. 34-8. Installation or maintenance of ramps over gutters.

Sec. 34-9. Dragging cables, ropes, etc., over streets.

Sec. 34-10. Removal of snow and ice from sidewalks.

Secs. 34-11--34-25. Reserved.

 

Article II. Work On, Over, Under or Affecting Streets Generally

 

Division 1. Generally

Sec. 34-26. Definitions.

Sec. 34-27. Warning devices required.

Sec. 34-28. Inspections.

Sec. 34-29. Notice and correction of defects.

Sec. 34-30. Location of mail and newspaper boxes in street.

Sec. 34-31. Location of newspaper racks or stands on sidewalks, etc.

Sec. 34-32. Illumination of business place from across street.

Sec. 34-33. Restoration of street surface when permit not required for disturbance thereof.

Secs. 34-34--34-40. Reserved.

 

Division 2. Permit Generally

Sec. 34-41. General requirement and exceptions.

Sec. 34-42. Reserved.

Sec. 34-43. Application.

Sec. 34-44. Issuance and term generally.

Sec. 34-45. Liability insurance or bond prerequisite to issuance for disturbing improved street surface.

Secs. 34-46--34-48. Reserved.

Sec. 34-49. Issuance for cutting, trimming or spraying trees or shrubs.

Sec. 34-50. Issuance of emergency permit.

Sec. 34-51. Issuance and term of blanket permit.

Sec. 34-52. Issuance to, and responsibility of, contractor for work on government contract.

Sec. 34-53. Contents generally.

Sec. 34-54. Provision for city work on entrances.

Sec. 34-55. Violation of permit provisions.

Sec. 34-56. Authority of city when work done without permit.

Sec. 34-57. Correction of unsafe entrances.

Secs. 34-58--34-65. Reserved.

 

Division 3. Permit, Inspection Fees and Sureties

Sec. 34-66. Fee schedule.

Sec. 34-67. Amount of inspection fees.

Sec. 34-68. Surety for residential and commercial right-of-way work.

Secs. 34-69--34-71. Reserved.

Sec. 34-72. Utility policy.

Secs. 34-73--34-85. Reserved.

 

Article III. Repealed

 

Article IV. Street Numbers for Buildings

Sec. 34-111. Violations of article.

Sec. 34-112. Display generally.

Sec. 34-113. Designation and change.

Sec. 34-114. Duty of person erecting building.

Sec. 34-115. Record to be kept.

Sec. 34-116. Notice to owner.

Sec. 34-117. Compliance.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 34-1. Violations of chapter.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 34-2. Certain ordinances relating to streets and alleys not affected by Code.

 

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance opening, locating, closing, altering or naming any street or alley, or providing for the improvement of same, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

 

Sec. 34-3. Obedience to authorized barriers and signs.

 

It shall be unlawful for any person to disobey the instructions of any barrier or sign placed on any street or sidewalk, when the barrier or sign has been approved by and erected pursuant to the authority of, the city manager, chief of police, fire chief, coordinator of emergency management or director of the department of public works.

(Code 1956, 14-10, 14-11; Code 1964, 37-1, 37-2)

 

Sec. 34-4. Liability insurance for projecting awnings.

 

Every person who maintains an awning projecting over the sidewalks or streets of the city shall take out and keep in force at all times a public liability insurance policy with limits of not less than one hundred thousand dollars ($100,000.00) on such awning. The city shall be a beneficial party on such policy.

(Code 1956, 19-9; Code 1964, 37-48)

 

Sec. 34-5. Obstructions generally--Streets.

 

(a) It shall be unlawful for any person to place or cause to be placed in, on or about any street or alley in the city, any material or substance causing or likely to cause any obstruction or stoppage of the use for which such street or alley was designed.

 

(b) Upon conviction of any person for a violation of this section, the obstruction, unless immediately abated by the person maintaining, causing or permitting the same to be maintained, may be abated by the city at the expense and cost of the offender and the cost of so abating shall be charged and collected as a part of the cost of the trial of the case.

(Code 1956, 19-1; Code 1964, 37-6)

 

Sec. 34-6. Same--Sidewalks.

 

It shall be unlawful for any person to obstruct any sidewalk with boxes, barrels, kegs, crates, merchandise or in any other manner. After unloading or unpacking wares, foods, goods or merchandise on the sidewalks of the city, two (2) hours shall be allowed every person in which to remove the crates, boxes, rubbish and other material from the sidewalk.

(Code 1956, 19-2; Code 1964, 37-7)

 

Sec. 34-7. Sales conducted on or adjacent to public right-of-way.

 

(a) For the purposes of this section, "sale or exchange" shall be defined as the advertising, displaying, offering or exchanging, for value, of any item mentioned in subsection (b) of this section.

 

(b) The sale or exchange of any item, including, but not limited to, any and all goods, wares, flowers, prepared or unprepared food or any other product, by any person from any temporary structure, including, but not limited to, any table or stand, or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal-propelled vehicle, which sale or exchange is conducted in any public right-of-way or on any private property adjacent to a public right-of-way, shall be subject to the regulations set out in this section.

 

(c) No sale or exchange mentioned in subsection (b) above shall be made in any street or public right-of-way along any street, for which the posted speed limit is greater than forty-five (45) miles per hour, nor shall any such sale or exchange be made in any street or public right-of-way within twenty-five (25) feet of any intersection.

 

(d) No person conducting a sale or exchange mentioned in subsection (b) above in any street or public right-of-way may remain within any one block area for more than fifteen (15) minutes before moving to another block. Additionally, such sale or exchange may not be repeated in the same block within any eight-hour period. A block shall be understood to mean a section of a street between its intersection with two (2) adjoining streets, or a section of street five hundred (500) feet in length, whichever is shorter.

 

(e) Persons conducting a sale or exchange of the type described in subsection (b) of this section on private property adjacent to a public right-of-way, and persons allowing their private property to be used for such sale or exchange, shall be subject to the following regulations:

 

(1) No sale or exchange shall take place or be conducted, and no structure used for such sale or exchange shall be located, within fifty (50) feet of the closest edge of the nearest sidewalk pavement, or street pavement if there is no sidewalk, of any public right-of-way.

 

(2) The person conducting the sale or exchange shall have obtained written permission to conduct such activity from the owner of the property involved, and shall have also obtained, from such owner, exclusive control over any area of the property, within the allowed area, sufficient to ensure that there is adequate space for the safe circulation of traffic. Such area shall not be less than eight hundred (800) square feet. The person conducting the sale or exchange shall not allow any other activity to be conducted within this minimal eight hundred (800) square foot area.

 

(3) Such sale or exchange shall not be conducted on or from vacant lots.

 

(4) Before any person may conduct such sale or exchange, such person must have provided to and have had approved by the commissioner of revenue a plat or site plan identifying the location of the property on which the activity is to be conducted and showing the location of the structure from which the sale or exchange activity will occur, the area under the control of such person and provisions for well-defined vehicular entrances and exits. Such plat or site plan shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) for processing. After review and approval of such plat or site plan by the commissioner of revenue, application shall be made to the commissioner of revenue for a permit to engage in the activities covered by this section, in accordance with this section and the approved plat or site plan. Such application shall state the name, address and telephone number of the person conducting the activity and the days and hours of operation, and shall include evidence of the property owner's permission to so use the property, as required above, as well as a copy of the approved plat or site plan. A copy of the permit issued by the commissioner of revenue, as well as a copy of the approved plat or site plan and the written permission of the property owner, shall be kept at the site of the activity, in a convenient place, and shall be exhibited, upon request, to any police officer or agent of the commissioner of revenue. Such permit must be obtained before a business license for such activity may be issued, and shall be renewed annually prior to the renewal of any business license.

 

The requirements of this subsection shall not apply to outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building, where such sales are conducted on the premises of the building and in close proximity to the building; nor shall they apply to the otherwise lawful sale of market produce and related items from the site on which they are grown; nor to garage sales in residential areas.

 

(f) Nothing in this section shall exempt any person conducting a sale or exchange of the type described herein from the requirements of the zoning ordinance or any other applicable provision of law.

(Ord. No. 720, 4-28-82)

Cross References: Zoning ordinance, App. A; mobile food service facilities generally, 15-136 et seq.; vehicles used for sale of ice cream, 15-166 et seq.

 

Sec. 34-8. Installation or maintenance of ramps over gutters.

 

It shall be unlawful for any person to install or maintain in or over the gutters of the streets of the city any ramp or "drive-up" intended to facilitate the passage of vehicles from the street over the curb, or vice versa.

(Code 1956, 19-5; Code 1964, 37-9)

 

Sec. 34-9. Dragging cables, ropes, etc., over streets.

 

It shall be unlawful for any person to drag, pull or extend any cables, wires or ropes through, over or on any city street or any other property of the city; provided, however, that public utility companies may string wires and cables over or under the streets of the city by securing a proper permit therefor.

(Code 1956, 19-10; Code 1964, 37-10)

 

Sec. 34-10. Removal of snow and ice from sidewalks.

 

It shall be the duty of the occupant of every house or lot which has a sidewalk of brick, stone, wood, concrete or other permanent material adjoining or touching upon the same, either in the front or rear or on either side, to have all snow removed from such sidewalk within three (3) hours after the same has ceased falling, unless such snow has fallen during the night, in which case it shall be removed by 9:00 a.m. the next morning. The same requirements shall exist with respect to ice and sleet. When there is no tenement on such lot or any occupant of any tenement thereon, it shall be the duty of the owner of such lot or tenement to have the snow or ice removed. In case there is no occupant of the premises and the owner or agent cannot be found, then the city manager shall have the sidewalk cleaned or covered at the expense of the owner.

(Code 1956, 19-4; Code 1964, 37-8)

State Law References: Authority for above section, Code of Virginia, 15.2-1115.

 

Secs. 34-11--34-25. Reserved.

 

ARTICLE II.

 

WORK ON, OVER, UNDER OR AFFECTING STREETS GENERALLY

 

DIVISION 1.

 

GENERALLY

 

Sec. 34-26. Definitions.

 

As used in this article, the following words and phrases shall have the meanings ascribed to them in this section:

 

Permittee. The word "permittee" shall mean any person to whom a permit is issued pursuant to this article.

 

Street. The word "street" shall include alleys, avenues, boulevards, parks, public rights-of-way and all other public places or easements.

 

Structure. The word "structure" shall mean any building, pole and appurtenance thereto, basketball goal, fixture, post, wire, guy or tower and any cable, vault, culvert, manhole or other underground installation.

(Code 1956, 19-16; Code 1964, 37-16; Ord. No. 1029, 11-13-91)

 

Sec. 34-27. Warning devices required.

 

Whenever any person performs any work which might tend to affect the use of any street, whether or not a permit therefor is required by this article, appropriate warning signs, lights or barricades shall be set forth in such manner as to give effective notice thereof to the public.

(Code 1956, 19-31; Code 1964, 37-31; Ord. No. 1029, 11-13-91)

 

Sec. 34-28. Inspections.

 

(a) It shall be the duty of the director of public works to conduct such inspections of work done under the provisions of this article as may be necessary to assure that the work done and completed conforms to the permit issued therefor under this article. When the permittee reports that such work is completed, the director of public works shall inspect the work and advise the permittee of his approval or disapproval.

 

(b) If, in the opinion of the director of public works, a permittee is not going forward with the work in a continuing manner and it appears that more than the normal number of inspections will therefore be necessary, the director of public works shall give the permittee notice in writing of this fact. Should additional inspections thereafter result, the director of public works may charge the permittee an additional fee to cover the actual costs or, where a surety has been given pursuant to section 34-68, appropriate proceedings may be carried out to recover the cost of such inspections.

(Code 1956, 19-28; Code 1964, 37-28; Ord. No. 1029, 11-13-91)

 

Sec. 34-29. Notice and correction of defects.

 

If, in the opinion of the director of public works, work has not been or is not being done in accordance with a permit issued under this article, or a street is not left in satisfactory condition, notice shall be given the permittee and the permittee shall have a reasonable time to correct the same. Should the permittee refuse or fail to correct the same within a reasonable time, the director of public works shall cancel the permit and cause the necessary work to be done. The director shall recover the cost of the work from the surety required in section 34-68.

(Code 1956, 19-43; Code 1964, 37-43; Ord. No. 1029, 11-13-91)

 

Sec. 34-30. Location of mail and newspaper boxes in street.

 

Mail and newspaper boxes may be placed in the streets without obtaining a permit under this article; provided, that all such boxes shall be so located as not to interfere with or endanger public travel or maintenance on such streets. Any such box so located as to interfere with or endanger public travel or maintenance on streets shall be moved to an approved location, upon reasonable notice from the director of public works. Failure to remove such boxes after such notice has been given shall constitute a violation of this section.

(Code 1956, 19-37; Code 1964, 37-37; Ord. No. 1029, 11-13-91)

 

Sec. 34-31. Location of newspaper racks or stands on sidewalks, etc.

 

Coin-operated news racks or stands may be placed on the sidewalks and right-of-way areas adjacent to the streets without obtaining a permit under this article; provided, that all such racks or stands shall be so located as not to interfere with or endanger public travel or the use or maintenance of such areas. Any such rack or stand so located as to interfere with or endanger public travel or the use or maintenance of such areas, or which is determined to be not in the public interest, in the opinion of the director of public works, shall be moved to an approved location, upon reasonable notice from the director of public works. If such rack or stand is not removed within seven (7) days from the date such notice was sent, the director of public works may remove such rack or stand to a place of safekeeping. Failure to remove such rack or stand after such notice has been given shall constitute a violation of this section.

(Ord. No. 656, 5-14-80; Code 1964, 37-37.1; Ord. No. 1029, 11-13-91)

 

Sec. 34-32. Illumination of business place from across street.

 

Illumination or floodlighting of a business place from light structures across a street from the business place shall be unlawful and no permit shall be issued under this article for this purpose.

(Code 1956, 19-34; Code 1964, 37-34; Ord. No. 1029, 11-13-91)

 

Sec. 34-33. Restoration of street surface when permit not required for disturbance thereof.

 

Whenever any person disrupts or disturbs the paved or improved surface of any street used primarily for public travel and a permit therefor is not required by this article, he shall notify the director of public works when the paved or improved surface should be restored. The city shall restore the paved or improved section and shall render to such person a statement of the costs incurred. Such person shall reimburse the city for such costs.

(Code 1956, 19-33; Code 1964, 37-33; Ord. No. 1029, 11-13-91)

 

Secs. 34-34--34-40. Reserved.

 

DIVISION 2.

 

PERMIT GENERALLY

 

Sec. 34-41. General requirement and exceptions.

 

(a) Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the provisions of this division. Such permit shall also be required before any person stencils or paints any figure, name or other representation on any curb.

 

(b) This section shall not apply to any signs authorized pursuant to article III of this chapter.

 

(c) This section shall not apply to a government agency or unit doing its own work.

(Code 1956, 19-17; Code 1964, 37-17; Ord. No. 1029, 11-13-91)

 

 

Sec. 34-42. Reserved.

Editors Note: Ordinance No. 1028, adopted Nov. 13, 1991, deleted the provisions of 34-42, which pertained to a single permit required for work of a continuing nature and derived from Code 1956, 19-25, and Code 1964, 37-25.

 

Sec. 34-43. Application.

 

(a) Application for a permit under this division shall be filed in the office of the director of public works on forms supplied by the city. Such application shall show all required information and be signed by the applicant or his authorized agent. Such application shall include a description of the work to be done and a sketch showing such work. Such sketch shall show the following:

 

(1) The nature of the work to be done.

 

(2) Property lines, where appropriate, and the street right-of-way line, with location of the work with reference to a fixed point on the street.

 

(3) Where surface or underground work is involved, a cross section indicating existing conditions and proposed changes.

 

(4) Where grading operations are involved, the pavement, shoulder, ditch and slope.

 

(5) Any tree which is to be removed, and the location and description of trees and shrubs within and adjacent to the right-of-way.

 

(b) An application for a permit for underground installations must be accompanied by a sketch showing:

 

(1) The exact location and dimensions of conduits, pipes, vaults, manholes, crossings and other installations.

 

(2) Type (concrete, iron, etc.).

 

(3) Depth of covering material.

 

(4) Outlets, showing type and size.

 

(5) Design and location of identification indicators.

 

(6) The location and description of trees and shrubs within and adjacent to the right-of-way.

(Code 1956, 19-18--19-20; Code 1964, 37-18--37-20; Ord. No. 1029, 11-13-91)

 

Sec. 34-44. Issuance and term generally.

 

Upon the filing of an application for a permit under this division, it shall be the duty of the director of public works to ascertain that all work to be done pursuant to the permit applied for complies in all respects with prevailing planning practices and appropriate construction standards and with the ordinances, resolutions, policies and regulations of the city, before he shall issue the permit. The director of public works shall issue the permit when such compliance is apparent or can be assured by the terms of the permit and when all applicable requirements for obtaining the permit have been met. The director of public works may prescribe a time limit for the duration of such permit and may extend the same.

(Code 1956, 19-21, 19-23, 19-27; Code 1964, 37-21, 37-23, 37-27; Ord. No. 1029, 11-13-91)

 

Sec. 34-45. Liability insurance or bond prerequisite to issuance for disturbing improved street surface.

 

Before any permit shall be issued under this division to any person to cut, undermine, disrupt or disturb in any manner the paved or improved surface, including shoulders, sidewalks, curbs and gutters, of any street, evidence of contractors' public liability insurance or a bond shall be given by such person to indemnify, keep and hold the city free and harmless from liability on account of injury or damage to persons or property growing out of the activity to be authorized by such permit, in the amount of five hundred thousand dollars ($500,000.00).

(Code 1956, 19-26; Code 1964, 37-26; Ord. No. 1029, 11-13-91)

 

Secs. 34-46--34-48. Reserved.

Editors Note: Ordinance No. 1028, adopted Nov. 13, 1991, deleted the provisions of former 34-46--34-48, which pertained to permits for drive-in theatre entrances, for service or frontage roads, and for logging roads, tram roads and other temporary structures, and derived from Code 1956, 19-38, 19-40, 19-41, and Code 1964, 37-38, 37-40 and 37-41.

 

Sec. 34-49. Issuance for cutting, trimming or spraying trees or shrubs.

 

The director of public works may issue a permit under this division for the cutting, trimming or spraying of trees or shrubs on a street only when such work is fully justified in the public interest and the permit shall prescribe the manner in which such work is to be done.

(Code 1956, 19-35; Code 1964, 37-35; Ord. No. 1029, 11-13-91)

 

Sec. 34-50. Issuance of emergency permit.

 

The director of public works may issue an emergency permit to allow work governed by this article, which requires immediate attention, to proceed before the permit application is completely processed.

(Code 1956, 19-24; Code 1964, 37-24; Ord. No. 1029, 11-13-91)

 

Sec. 34-51. Issuance and term of blanket permit.

 

Utility companies whose regular course of business requires work within the right-of-way, outside the pavement area, may be granted a blanket permit for such work or use. Such blanket permit shall be for not more than two (2) years' duration.

(Code 1956, 19-25; Code 1964, 37-25; Ord. No. 1029, 11-13-91)

 

Sec. 34-52. Issuance to, and responsibility of, contractor for work on government contract.

 

Where work on any government project is to be performed by a contractor, the permit required by this division shall be issued in the name of the contractor. The contractor in such case shall be responsible for inspection fees under this article and shall give evidence of liability insurance or bond as required in section 34-45.

(Code 1956, 19-32; Code 1964, 37-32; Ord. No. 1029, 11-13-91)

 

Sec. 34-53. Contents generally.

 

(a) Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions:

 

(1) Public travel shall be protected by adequate lights, barricades and appropriate warning signals and signs at all times.

 

(2) Public travel shall be blocked only in the manner and as specified in the permit.

 

(3) Pavement shall be used for piling or storing of excavated material or for deposit of material and the placing of equipment only as specified in the permit.

 

(4) The maximum amount of ditch, trench or other excavation to be opened at one time shall not exceed three hundred (300) feet, including the back-filled portion of any trench which is not in condition for public travel, unless the director of public works finds reason for exception.

 

(5) All backfilling of excavations shall be done to a ninety-five-percent density compaction. Compaction by using water is not permitted.

 

(6) On pavement cuts, the pavement shall be restored to its former dimensions, cross-section and profile with material conforming to city specifications.

 

(7) No tree roots shall be cut or damaged through soil compaction or contamination to the extent of rendering the tree unsafe and, if possible, tunneling through or under roots instead of trenching across roots shall be followed. Care shall be taken to protect plant materials on adjacent property from damage.

 

(8) Shoulders, ditches and drainage mediums shall be left in the same condition as found or as specified in the permit.

 

(9) The permittee agrees to repair any defects in the backfill or pavement occurring within one year after the work done under the permit is completed, with the exception of franchised or legislatively empowered utility companies which shall be responsible for repair until such time as the street is rebuilt or resurfaced.

 

(10) If entrances to adjacent property are affected, the permittee shall provide temporary facilities for safe ingress and egress to such property.

 

(11) The permittee agrees to restore the street to a satisfactory condition consistent with adjoining sections of the street.

 

(12) The permittee agrees, by the acceptance of the permit, to indemnify, keep and hold the city free and harmless from liability on account of injury or damage to persons or property growing out of any activity authorized by the permit, whether such suit is brought against the city either independently or jointly with the permittee.

 

(13) The permittee agrees, by the acceptance of the permit, upon notice in writing, to remove or relocate any structure or installation placed in, on, under or over any street, if such structure or installation interferes with the use of the streets.

 

(14) The permittee shall promptly report to the director of public works when he has completed the work authorized under the permit.

 

(b) Where the work or installation for which a permit is issued under this division will or may disturb or obstruct any natural or artificial drainage medium, including ditches, storm sewers, ravines and the like, the permit shall specify the manner in which the surface water shall be controlled during the progress of work and thereafter, if the disturbance or obstruction is of a permanent nature. All work shall be done in accordance with the Virginia erosion and sediment control laws (e.g., Code of Virginia, 10.1-560 et seq.) and this code.

(Code 1956, 19-22; Code 1964, 37-22; Ord. No. 1029, 11-13-91)

 

Sec. 34-54. Provision for city work on entrances.

 

Wherever, in the opinion of the director of public works, it is in the public interest for the city to construct an entrance for which a permit is requested under this division, he may provide in the permit that the city will install pavement, pipe, curb and gutter or do such other work as he deems to be in the public interest, but in all such cases the permittee shall furnish and deliver to the site any pipe or other materials necessary for the entrance.

(Code 1956, 19-39; Code 1964, 37-39; Ord. No. 1029, 11-13-91)

 

Sec. 34-55. Violation of permit provisions.

 

It shall be unlawful for any person to do any act in a manner contrary to the provisions of any permit issued under this division.

(Code 1956, 19-44; Code 1964, 37-44; Ord. No. 1029, 11-13-91)

 

Sec. 34-56. Authority of city when work done without permit.

 

Whenever any person uses a street for any purpose for which a permit is required by this division, without such permit, the city may remove such work and restore the street to its original condition. Where the city exercises such right, it may recover from such person its costs and expenses. In addition, the city may proceed under section 34-1.

(Code 1956, 19-42; Code 1964, 37-42; Ord. No. 1029, 11-13-91)

 

Sec. 34-57. Correction of unsafe entrances.

 

When, in the opinion of the director of public works, an entrance onto a public right-of-way has deteriorated to the point where it constitutes a safety hazard to pedestrians or vehicles, the property owner, upon written notice of the unsafe condition, shall make prompt repairs to correct such conditions. In the event the property owner fails to comply with the notice within a reasonable time, the city may remove the entrance and restore the street to a safe condition. Where the city exercises such right, it may recover from such person its costs and expenses, as well as proceed under section 34-1.

(Ord. No. 1029, 11-13-91)

 

Secs. 34-58--34-65. Reserved.

 

DIVISION 3.

 

PERMIT, INSPECTION FEES AND SURETIES

 

Sec. 34-66. Fee schedule.

 

The minimum permit and inspection fees for a permit under this article shall be:

 

(1) The minimum permit and inspection fee for residential right-of-way work shall be thirty dollars ($30.00).

 

(2) The minimum permit and inspection fee for commercial right-of-way work shall be two hundred dollars ($200.00).

 

(3) The minimum permit and inspection fee for a utility right-of-way work shall be thirty dollars ($30.00).

 

(4) The fee for a blanket permit shall be determined by the director of public works, based upon the city's cost to permit and inspect utility work in the right-of-way.

(Code 1956, 19-30; Code 1964, 37-30, 37-36; Ord. No. 827, 5-28-86; Ord. No. 1029, 11-13-91)

 

Sec. 34-67. Amount of inspection fees.

 

Except as to the minimum fees set forth in section 34-66, inspection fees shall be the actual cost of making inspections necessary to assure that the work is done in a proper and orderly manner.

(Code 1956, 19-28; Code 1964, 37-28; Ord. No. 1029, 11-13-91)

 

Sec. 34-68. Surety for residential and commercial right-of-way work.

 

(a) In order to guarantee compliance with all the terms and conditions of

the permit and in order to protect the city and any person suffering loss or injury by reason of a violation of the terms and conditions of the permit or this article, or in order to reimburse the city for costs incurred by the city inspecting the project in excess of the permit fee, each applicant shall assure completion and maintenance of the work within the right-of-way by one of the following methods:

 

(1) A performance bond covering one hundred (100) percent of the construction cost of the work within the right-of-way and maintenance thereof written by a bonding company licensed to do business in the Commonwealth.

 

(2) An escrow agreement, placing in escrow one hundred (100) percent of the construction cost of the work within the right-of-way, in a banking or savings institution licensed to do business in the Commonwealth.

 

(3) An irrevocable letter of credit, in the amount of one hundred (100) percent of the construction cost of the work within the right-of-way, issued by a banking or savings and loan institution licensed to do business in the Commonwealth.

 

(4) A property bond in the amount of five hundred dollars ($500.00) for an existing residence, if the permit is obtained by the homeowner.

 

(5) A cash deposit covering one hundred (100) percent of the construction cost of the work within the right-of-way.

(Code 1956, 19-29; Code 1964, 37-29; Ord. No. 1029, 11-13-91)

 

Secs. 34-69--34-71. Reserved.

Editors Note: Ordinance No. 1028, adopted Nov. 13, 1991, deleted former 34-69--34-71, which pertained to a sufficiency of guarantee fee, the return of such fee, an exemption from the permit fee, and derived from Code 1956, 19-29; Ord. No. 194; and Code 1964, 21A-23 and 37-29.

 

Sec. 34-72. Utility policy.

 

The director of public works shall establish a written utility policy which shall be in accordance with the code and which shall provide specific guidelines and standards for the use of city right-of-way and easements by utility companies.

(Ord. No. 1029, 11-13-91)

 

Secs. 34-73--34-85. Reserved.

 

ARTICLE III.

 

REPEALED

 

ARTICLE IV.

 

STREET NUMBERS FOR BUILDINGS

 

Sec. 34-111. Violations of article.

 

A violation of any provision of this article shall constitute a Class 4 misdemeanor.

(Ord. No. 927, 4-12-89)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 34-112. Display generally.

 

Every house, building or structure used or intended for use as living quarters or as a place for the conduct of business and having any wall facing or abutting any public or private street, alley or place in the city shall have displayed on that wall legible, easily read characters, which are of contrasting color to the background, the proper street number for such house, building or structure as follows:

 

(1) In the case of residential houses or commercial or manufacturing buildings or structures:

 

(a) The number shall measure a minimum of three (3) inches in height.

 

(b) In cases where a house, building or structure is located more than sixty (60) feet from the public or private street, alley or place, the number shall measure a minimum of six (6) inches in height.

 

(2) In the case of mobile home parks:

 

(a) In cases where a main street address is assigned to the entire park, the main street number shall be visually apparent from the main means of ingress and egress to the property by display of the number on the park identification sign. If no identification sign exists, the main street number shall be visually apparent from the main means of ingress and egress to the property by display of the number on a sign at the entrance to the property. Such sign shall not exceed two (2) square feet in area, shall be at least (3) feet above grade, shall not extend higher than six (6) feet above grade and shall not extend into or over any adjoining property or public right-of-way without permission of that property owner. The number displayed shall measure a minimum of six (6) inches in height.

 

(b) Each mobile home shall be assigned specific identification numbers or letters and such must be displayed on a portion of the mobile home which faces the means of ingress and egress through the park. The number or letter shall measure a minimum of three (3) inches in height.

 

(3) In cases of multiple-family developments:

 

(a) In cases where one main street address is assigned to the entire development, the main street number shall be visually apparent from the means of ingress and egress to the property by display of the number on the development identification sign. If no identification sign exists, the main street number shall be visually apparent from the main means of ingress and egress to the property by display of the number on a sign at the entrance to the property. Such sign shall not exceed two (2) square feet in area, shall be at least three (3) feet above grade, shall not extend higher than six (6) feet above grade and shall not extend into or over any adjoining property or public right-of-way without permission of that property owner. The number displayed shall measure a minimum of six (6) inches in height.

 

(b) Each building or structure shall display the range of numbers for the dwelling units contained therein on a portion of the building or structure which faces the means of ingress and egress through the development and the numbers and/or letters shall measure no less than six (6) inches in height.

 

(c) The street number or letter for each apartment shall be displayed above or near the doorway entrance and the number or letter shall measure a minimum of three (3) inches in height.

(Code 1956, 19-11, 19-15; Code 1964, 37-11, 37-15; Ord. No. 927, 4-12-89)

 

Sec. 34-113. Designation and change.

 

The zoning director shall designate the proper street numbers for all houses, buildings or structures required to be numbered by section 34-112 and shall have the power to change such numbers when, in his judgment, such change is necessary to avoid or eliminate confusion with other numbers.

(Code 1956, 19-12; Code 1964, 37-12; Ord. No. 927, 4-12-89)

 

Sec. 34-114. Duty of person erecting building.

 

It shall be the duty of any person erecting any house, building or structure required to be numbered by section 34-112 to ascertain from the zoning director the proper number and to display each number as provided in section 34-112.

(Code 1956, 19-14, Code 1964, 37-14; Ord. No. 927, 4-12-89)

 

Sec. 34-115. Record to be kept.

 

It shall be the duty of the zoning director to keep a record of the proper numbers for houses, buildings and structures and to furnish such numbers to any person requesting same.

(Code 1956, 19-13; Code 1964, 37-13; Ord. No. 927, 4-12-89)

 

Sec. 34-116. Notice to owner.

 

Any person owning, leasing, occupying or maintaining any house, building or structure which has no number displayed thereon or on which the number is displayed in a manner in violation of this article, when so informed and notified by the zoning director shall display the number in accordance with this article or change the incorrect number so that the appropriate and correct number shall be displayed within ten (10) days from the date of such notice. Failure to comply with such notice shall constitute a violation of this section.

(Ord. No. 927, 4-12-89)

 

Sec. 34-117. Compliance.

 

All existing street numbers not in compliance with the provisions of this article shall be brought into conformity when the existing street numbers are removed or when the numbers are changed by the direction of the zoning director.

(Ord. No. 927, 4-12-89)

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council