Highlighted below: 4 of 7 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.
Chapter 33 - STREETS AND SIDEWALKS#
Footnotes:#
(1) ---
Charter reference— General authority of city relative to streets, Ch. II, § 7.
Cross reference— Posting advertising matter along streets, § 3-1; distribution of handbills on streets, § 3-3; use of loudspeakers for advertising purposes on streets, § 3-4; discarding dead animal in street, § 6-12; leaving maimed or diseased animal in street, § 6-78; streets abutting automobile graveyards to be kept clear, § 8-9; building regulations, Ch. 11; erosion and sediment control, Ch. 14; trees, shrubs and other vegetation overhanging or protruding into streets or sidewalks, § 18-2; cutting grass, weeds on sidewalk and between sidewalk and curb, § 18-3; deposit of refuse in streets, § 18-38; motor vehicles and traffic, Ch. 22; disorderly conduct in streets, § 25-17; defacing or removing street signs, § 25-36; spitting on sidewalks, § 25-51; auction sales in streets, § 30-1; sewers generally, Ch. 31; restoration of streets and sidewalks disturbed by installation of building sewers, § 31-37; vehicles for hire, Ch. 36; zoning ordinance, App. A; subdivision regulations, App. B.
State Law reference— General authority of city relative to streets and sidewalks, Code of Virginia, § 15.2-2001 et seq.; laying pipes in streets, Code of Virginia, § 56-257 et seq.
Sec. 33-1. - Violations of chapter generally.#
Except as otherwise specifically provided in other sections of this chapter, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.
Sec. 33-2. - Certain ordinances relating to streets and sidewalks not affected by Code.#
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance relating to the opening, relocating, closing, altering or naming of streets or alleys, or fixing the grade thereof or of any sidewalk, 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.
Cross reference— For a listing of ordinances referred to above adopted subsequent to July 8, 1975, see App. C.
Sec. 33-3. - Official map; street names.#
(a) A plat entitled "Map of Hopewell, Virginia, dated 2-20-1952 as revised January 28, 1969," showing the streets and rights-of-way lying within the city, is hereby adopted as the official map of the city for the purpose of street and roadway names.
(b) The names shown on such plat, which plat is hereby adopted and made a part of this Code, are the official names for the streets and roadways lying in the city. A copy of such plat shall be on file in the office of the city manager.
(Code 1963, § 1-7)
Sec. 33-4. - Street numbers for lots and buildings.#
(a) The city engineer shall assign a premise number to every building or lot in the corporate limits of the city. Property owners are required to prominently display building numbers. This requirement shall include mobile homes.
(b) No person owning or occupying a building shall number or attempt to number it otherwise than in conformity with this section, and no person shall deface, alter or remove a number placed upon a building in accordance with this section.
(Code 1963, §§ 35-2, 35-3; Ord. No. 80-19, 10-28-80)
Cross reference— Building regulations, Ch. 11.
Sec. 33-5. - Street construction standards.#
Unless specific deviation therefrom is authorized by formal action of the city council, all streets shall be constructed in accordance with the Virginia Department of Highways and Transportation Base and Pavement Design Standards, as contained in the July 20, 1977, memorandum from the state highway commissioner, as amended from time to time and as are in force at the time of the construction, or, if in a subdivision, at the time of preliminary plat approval of the subdivision. All reference to prime and double seal surface and 100# S4 or 100# S5 for streets indicated in the state department of highways and transportation specifications shall be disregarded and prime and one hundred sixty-five (165) pounds per square yard of bituminous concrete surface inserted in lieu thereof.
(Ord. No. 79-1, 1-23-79)
Sec. 33-6. - Construction of sidewalks, curbs and gutters generally.#
(a) Whenever any citizen or property owner desires a sidewalk, curb and gutter to be laid along the street boundary of property, he shall make written application to the council through the city manager, or his duly authorized representative, agreeing to pay one-half of the cost of such construction and waiving all damages by reason of such construction. The city manager, or his duly authorized representative, shall present such application to the council for its action.
(b) Whenever any citizen or property owner desires to lay a sidewalk or curb and gutter for himself in a city street, he shall make application for permission so to do to the city manager, or his duly authorized representative, in writing, who shall grant such permission upon condition that the applicant make such improvement at his own expense and do the work under the supervision of the city manager, or his duly authorized representative.
(c) The council may, at any time, require a sidewalk or curb and gutter to be laid as provided by state law, or may, at any time, direct a sidewalk to be laid in such other manner as it may specify not in conflict with state law.
(Code 1963, §§ 35-42—35-44)
Sec. 33-7. - Plans required for elevation or lowering of street or sidewalk with relationship to abutting property.#
Whenever the paving, grading or construction of sidewalks or streets anywhere in the city is ordered by the council, it shall be the duty of the city manager, or his duly authorized representative, when, in his opinion, such street or sidewalk should be graded so as to raise or lower the same materially with reference to the property of abutting lot owners, to make his plans of such improvement, showing accurately, in feet and tenths of a foot, the elevation or lowering of the street or sidewalk with reference to such adjacent property.
(Code 1963, § 35-6)
Sec. 33-8. - Street and curb improvements prerequisite to issuance of building permits.#
(a) The city shall issue no building permits for the construction of any structure abutting a dedicated-but-unopened street until the owner, developer, or contractor shall have complied with the following:
(1) The full frontage of all streets abutting the lot, including the side street in case of a corner lot, must be opened and developed to the same profile (base, pavement, curb and gutter, sidewalk, storm drainage) of the connecting street. The city council may grant a waiver to the opening of the side street in case of a corner lot.
(2) It shall be the sole responsibility of the owner, developer, or contractor to open and develop the street(s) to the city's specifications; however, in cases where physical conditions make it impractical for the installation of curb and gutter at the time of street construction, as certified by the city engineer, the developer shall not be required to install the curb and gutter, but shall be required to execute the city's standard curb and gutter form to ensure its later installation.
The owner, developer, or contractor may seek and the council may allow the vacation of any street in accordance with existing laws and policies.
(b) Should the opening of a dedicated street involve unusual cuts or fills or unusual drainage problems due to the topography of the ground, or should the property be unable to be served by gravity flow sanitary sewer system, subsection (a) above shall not apply, and before the issuance of a building and plumbing permit, an agreement shall be worked out between the city and the owner, developer, or contractor pertaining thereto.
(c) Two (2) means of vehicular access required:
(1) No permits or approvals (building permit, site plan approval, subdivision final plat approval) shall be issued for a residential development of more than fifty (50) dwelling units, unless such residential development provides at least two (2) means of vehicular access to the city's existing and developed street network.
(2) Where it is necessary to open a dedicated-but-unopened street to afford a second means of access, it shall be solely the responsibility of the developer to open and develop such street to city specifications.
(3) City council may waive this requirement in part or in full upon a two-thirds vote of the entire council, if economic considerations justify a waiver and if the safety of the residents in the area involved is not jeopardized.
(Code 1963, § 10-17.1; Ord. of 7-22-75; Ord. No. 81-5, 1-13-81; Ord. No. 82-13, 8-10-82; Ord. No. 85-15, 7-9-85; Ord. No. 97-4, 3-25-97)
Cross reference— Fee for building permits and inspections, § 11-20.
Sec. 33-9. - Notice required when water pipe left exposed from street work.#
When, in repairing, grading or otherwise disturbing a street, any water pipe is left uncovered or exposed, it shall be the duty of the person in charge of such work to forthwith notify the city manager of such exposure.
(Code 1963, § 35-7)
Sec. 33-10. - Obstructions generally.#
(a) No person shall obstruct a street, sidewalk or the space vertically above the same by placing therein anything whatsoever which will hinder or obstruct the passage of persons or vehicles in any manner whatsoever. Any person violating this section shall be guilty of a Class 4 misdemeanor, and every hour the violation continues may, in the discretion of the general district court, be held to be a separate offense.
(b) This section shall not apply to any obstruction or activity specifically authorized by other provisions of this chapter.
(Code 1963, § 35-36)
Cross reference— License tax ordinance does not grant right to obstruct streets or sidewalks, § 20-4(b); obstructing free passage of others in public places, § 25-44; picketing, § 25-45; riots and unlawful assemblies, § 25-46 et seq.; solicitors interfering with use of streets, § 32-26(4).
Sec. 33-11. - Responsibility for damages caused by obstructions.#
Any person placing obstructions on the streets or sidewalks of the city shall be responsible for any damages caused thereby.
(Code 1963, § 35-40)
Sec. 33-12. - Display or sale of merchandise.#
(a) It shall be unlawful for any person to use the streets or sidewalks of the city for the display or sale of goods, wares or merchandise of any kind or character whatsoever, except such persons as have obtained a permit from the city council to use portions of such streets and sidewalks for such purposes.
(b) The council may authorize permits revocable at will to be issued by the city manager to any person to use the streets and sidewalks for such purposes, when and if, in the discretion of the council, such use will not interfere with traffic and the health and safety of the public.
(Code 1963, § 35-17)
Sec. 33-13. - Use of sidewalk for receipt of merchandise.#
Merchants and others, while receiving goods or articles, may place such goods or articles on the outer margin of the sidewalk, using as much thereof as may be necessary and no more, provided the public is not deprived thereby of the free, easy and comfortable use of the sidewalk. Such occupation of the sidewalk shall be for only such time as may be necessary for such reception or delivery. It shall be the duty of the police to require that the sidewalks are not so obstructed as to deprive the public of the use thereof as hereinbefore described. The police are hereby clothed with the power to require goods and other articles which, in their opinion, obstruct the sidewalk, to be moved at once.
(Code 1963, § 35-39)
Sec. 33-14. - Obstructing street with gates, chains, etc.#
(a) No person shall erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other similar type of obstruction in or on any street within the city. The word "street", as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including, but not limited to, private streets or access lanes, as well as all public streets and highways within the city.
(b) The council may authorize speed bumps in parks, playgrounds, and other recreational areas.
(Ord. No. 79-17, 5-22-79; Ord. No. 87-1, 2-10-87)
Sec. 33-15. - Occupancy of street with building materials; protection of pedestrians during building operations.#
One-third of the street between curblines opposite a lot upon which any building or wall is being erected may be used for the purpose of laying timber and other building materials during such reasonable time as may be necessary for such erection, but no longer. Should there be buildings in the course of construction on the opposite sides of the street at the same time, then each may occupy one-fourth of such street. When such building or wall is being erected, the sidewalk in front thereof shall not be obstructed, but, for the protection of persons passing, a shed or platform shall be erected over the sidewalk which shall be at least seven and one-half (7½) feet high, as wide as the pavement and as long as the building or wall which is being constructed, under which persons may safely walk. Any damage done to the street or sidewalk by such building or contractor shall be repaired by him.
(Code 1963, § 35-38)
Cross reference— Building regulations, Ch. 11.
Sec. 33-16. - Barriers to protect public during building operations.#
When any work is being done on structures abutting on any street or sidewalk which may endanger persons passing along such street or sidewalk, barriers shall be placed across the way so as to prevent and warn persons against the danger. No bricks, slate or any other thing or substance shall be thrown off, from or out of such structure or any part thereof into the street or sidewalk, except within the space enclosed by such barriers. Any person failing to comply with the provisions of this section shall be responsible for all damages resulting therefrom.
(Code 1963, § 35-13)
Cross reference— Building regulations, Ch. 11.
Article III. - Streets, Sidewalks and Other Public Places#
Sec. 33-17. - Removal of permanent obstructions.#
It shall be the duty of the police to promptly notify the city manager or his duly authorized representative of all permanent obstructions of the streets, drains or culverts. The city manager or his duly authorized representative shall forthwith cause all such obstructions to be removed by either the person responsible for the same or whose duty it is to remove the same or, failing in this, to have the same removed at the cost of the city. If any person whose duty it is to remove any such obstruction fails or refuses to do so within a reasonable time after being notified to do so by the city manager or his duly authorized representative, he shall be guilty of a Class 4 misdemeanor for each day that he defaults. When the obstruction is removed at the cost of the city, the party whose duty it was to have removed such obstruction shall be fined in addition to the foregoing penalty such a sum as equals the expense incurred for such removal, together with twenty (20) percent thereof in addition thereto.
(Code 1963, § 35-41)
Sec. 33-18. - Removal of encroaching structures.#
In every case of an encroachment upon a street by a building, wall, fence or other structure, the city manager shall require the owner or maintainer thereof to remove the same. For failure to make such removal in the time ordered, the judge of the general district court may find such person guilty of a Class 4 misdemeanor for each day such failure shall continue thereafter, and may cause such encroachment to be removed at the risk and cost of the party in default.
(Code 1963, § 35-4)
Sec. 33-19. - Utility poles in or along streets.#
Telegraph, telephone and electric light and power companies holding franchises may place such reasonable number of poles in or along streets as may be requisite for their business, but such poles shall be located or removed according to the directions and under the supervision of the city manager or his duly authorized representative.
(Code 1963, § 35-37)
State Law reference—Authority for above section, Code of Virginia, § 15.2-2017.
Sec. 33-20. - Planting trees in or near streets or sidewalks.#
No person shall plant any shade trees in the streets or sidewalks of the city without the previous consent of the city manager, who shall designate the proper line for the same. No North Carolina poplar, Lombardy poplar or cottonwood tree shall be planted in the streets or alleys of the city nor within ten (10) feet of the lines of the same.§ Neglect or refusal to remove trees planted contrary to this section, when ordered to do so by the city manager, shall be cause for issuance of a warrant for having the trees removed by the city, and the person planting the trees shall pay the cost for the removal of same.
(Code 1963, § 35-19)
Cross reference—Trees, shrubs and other vegetation overhanging or protruding into streets or sidewalks, § 18-2.
Sec. 33-21. - Clearance requirements for awnings, signs, etc., over sidewalks.#
Awnings, roofings, shades and signs thereunder of any character which may be erected in front of any premises adjacent to or abutting on a sidewalk shall not be less than seven (7) feet in the clear above the surface of such sidewalk. Signs placed under awnings, roofings or shades overhanging sidewalks shall not be more than six (6) feet in length§ or ten (10) inches in depth§, and may be either illuminated or plain. However, such signs shall not be less than seven (7) feet in the clear above the surface of such sidewalk.
(Code 1963, § 35-5)
State Law reference—Authority for above section, Code of Virginia, § 15.2-2010.
Sec. 33-22. - Gutters required for eaves over sidewalks; discharge of water from gutters generally.#
All buildings, the eaves of which project over the sidewalks, shall be provided with gutters so that there shall be no dripping from the eaves upon the sidewalk. All gutters, the waters from which empty upon a street or sidewalk, shall be so constructed as to discharge such water only at or below the surface of the ground. The owner or occupant of any house not complying with the requirements of this section shall be guilty of a Class 4 misdemeanor for each day such violation shall continue after notification by the city manager to remedy the fault.
(Code 1963, § 35-8)
Sec. 33-23. - Drainage from lots, gutters or spouts across sidewalks.#
(a) No water from any lot, gutter or spout shall be permitted to flow across the sidewalk of any street, except in a covered drain, the cover of which shall not be above the surface of such sidewalk. Such drain shall be of sufficient capacity to convey the water to be discharged by it, and shall be built and kept open and in good repair by the owner or occupant of the premises from whence it proceeds.
(b) Any person violating this section shall be guilty of a Class 4 misdemeanor for each day such violation shall be permitted to continue after notice by the city manager to abate the same; provided that, in case of failure to comply with the order of the city manager within five (5) days, the city manager may cause the construction to be made at the cost of the city, and the cost thereof, with twenty (20) percent additional as a fine, shall be collected from the party in default in like manner as fines and assessments are collected.
(Code 1963, § 35-9)
Sec. 33-24. - Snow-breaks required for buildings on street lines.#
Buildings which are located on the line of any street shall be provided with suitable snow-breaks or snow-guards on the side next to such street. The owner or occupant of any house who shall fail to comply with this section, after being notified by the city manager, shall be guilty of a Class 4 misdemeanor for each day such failure shall continue.
(Code 1963, § 35-10)
Sec. 33-25. - Gates and doors on street lines to open inward; exception.#
Every gate or door built or constructed in any fence or wall standing on the line of any street, except doors to public buildings which are required to be hung so as to open outward, shall be hung so as to open inward. Any violation of the provisions of this section shall constitute a Class 4 misdemeanor for each day such violation shall continue after notice by the city manager to abate the same.
(Code 1963, § 35-11)
Sec. 33-26. - Entrances over sidewalks or drainage ditches.#
(a) Whenever, in order to provide for an entrance to any property, it is necessary to cross a sidewalk or drainage ditch, it shall be the duty of the owner of the property at his own expense to provide an entrance approved by the city manager, or his authorized representative.
(b) For the crossing of any drainage ditch, the owner shall provide a pipe or conduit of such size and length as may be specified by the city manager, or his authorized representative, such pipe or conduit to be placed or installed by the city.
(c) For the crossing of any sidewalk or curb which has been previously constructed, the owner shall remove and replace so much of the sidewalk or curb as may be necessary to provide a suitable entrance subject to the supervision and inspection of the city manager, or his authorized representative, and no such entrance shall be constructed until a written permit has been obtained from the city manager, or his authorized representative.
(d) A violation of any provision of this section shall constitute a Class 1 misdemeanor.
(Code 1963, § 35-12)
Sec. 33-27. - Retaining walls for earth embankments abutting street or sidewalk.#
Wherever earth embankments abut on any paved street or sidewalk, it shall be the duty of the owner of such property to erect suitable barriers or retaining walls to prevent loose earth or mud from falling upon such street or sidewalk. If any person fails to conform to this section within a reasonable time after being notified to do so by the city manager, each day of default shall be deemed a separate offense. If, however, a change in the grade of the street made by the city produces an embankment abutting on a paved street or sidewalk, it shall be the duty of the city to erect protecting barriers, if deemed necessary by the city.
(Code 1963, § 35-14)
Sec. 33-28. - Sidewalks in front of premises to be kept clean.#
(a) It shall be unlawful for any person to sweep dirt or trash from the interior of the store or premises occupied by him upon the sidewalk, but such dirt or trash shall be taken up and put in proper receptacles for removal.
(b) It shall be the duty of all persons occupying stores or premises fronting on any street to keep the sidewalk immediately in front thereof clean and clear of rubbish, trash, wastepaper, filth and the like. Such persons shall not sweep the same into the driveway of the street, but shall take up the same and put it in proper receptacles to be removed as other such material is removed. During dry weather, sidewalks shall be sprinkled with water before sweeping so as to prevent dust from flying into the faces of pedestrians. In office buildings, apartment houses or other buildings occupied by three (3) or more tenants, this duty shall be upon the owner thereof, or the person in charge of the entire building. Where the first floor is occupied as a store or mercantile establishment, the duty of keeping the sidewalk in front thereof shall be, and is hereby imposed upon, the occupant of such store or proprietor of the mercantile business.
(Code 1963, § 36-15)
Cross reference—Sidewalks abutting automobile graveyards to be kept clean, § 8-8.
Sec. 33-29. - Duty of occupant or owner of abutting property to remove snow and sleet from sidewalk.#
It shall be the duty of every occupant of every house or lot which abuts upon a sidewalk to have all snow removed from such sidewalk within six (6) hours after the same shall have ceased falling, unless the snow shall have fallen during the night or on Sunday, in which case it shall be removed by 12:00 noon the day following. The same requirements shall exist with respect to ice or sleet on sidewalks, except that the same, when it cannot be removed without injury to the sidewalk, shall be covered, within the period of time specified, with sand, ashes or some other substance which will render it safe for travel. Whenever any house or lot is unoccupied, it shall be the duty of the owner, or the agent of the owner thereof, to have the snow of ice removed from his sidewalk, as above required of occupants. Every six (6) hours that snow or ice is allowed to remain in violation of this section shall be held to be a separate offense.
(Code 1963, § 35-18)
State Law reference—Authority of city to require removal of snow from sidewalks, Code of Virginia, § 15.2-1115.
Sec. 33-30. - Deposit of hazardous, offensive, etc., material on streets and removal of same.#
(a) No person shall throw or deposit, or cause to be deposited, upon any street or highway, any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street or highway; nor shall any person throw or deposit, or cause or allow to be deposited, upon any street or highway any soil, sand, mud, gravel or other substances so as to create a hazard or nuisance to the public.
(b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the street or highway from such vehicle.
(d) Any person violating the provisions of this section shall be guilty of a Class I misdemeanor.
(Code 1963, § 24-28; Ord. No. 84-17, 8-14-84)
Cross reference—Littering streets generally, § 18-38.
State Law reference—Similar provisions, Code of Virginia, § 18.2-324.
Sec. 33-31. - Throwing fruit peels, etc., onto street or sidewalk.#
No person shall throw upon any sidewalk or street any rind, skin or peeling of any fruit or vegetable, or any other article liable to make a person slip or fall.
(Code 1963, § 35-16)
Cross reference—General prohibition against littering streets, § 18-38.
Sec. 33-32. - Snowballing in street.#
No person shall throw any snowballs in the streets.
(Code 1963, § 35-20)
Sec. 33-33. - Playing ball in street.#
No person shall play any game of ball in the streets of the city.
(Code 1963, § 35-22)
Sec. 33-34. - Flagpoles or banners in streets.#
No flagpole or banner shall be erected in any of the streets of the city except flags or banners for decorative purposes which have been, or any hereafter be, authorized by the city manager or his duly authorized representative.
(Code 1963, § 35-23)
Sec. 33-35. - Barbed wire fences on or along streets or sidewalks.#
No person shall erect along or on any street or sidewalk of the city what is known as barbed wire fencing.§ Each day that a violation of this section continues, after notification by the chief of police or city manager to remove such fence, shall constitute a separate offense.
(Code 1963, § 36-25)
Sec. 33-36. - Repairing, testing, etc., machinery on sidewalks or streets.#
Manufacturing, repairing or testing of machinery, including the engines or other parts of motor-driven vehicles, on the sidewalks or in the streets shall be unlawful; provided, however, that this section shall not be construed to apply to emergency repairs which are necessary before a vehicle can be moved.
(Code 1963, § 35-27)
Sec. 33-37. - Holes, depressions, etc., upon private lots below street grade.#
All holes, depressions, excavations or other dangerous places upon private lots that are below the grade of the adjoining street shall be properly enclosed with fences or walls, or filled up by the owners or occupants of such lots so as to prevent persons or animals from falling therein. It shall be the duty of the city manager to notify the owner or occupants of premises on which such dangerous places exist, and require that fences or walls be built around them or that they be filled up within such period as he shall deem that the exigencies of the case may require. In case of failure to comply with such notification, the owners or occupants shall be guilty of a violation of this section for each day such failure shall continue, and the city manager may cause such fencing or filling to be done at the expense of the city. The sum so expended by the city, with twenty (20) percent thereof added as a penalty, shall be collected of such owner or occupant as other fines are collected.
(Code 1963, § 35-26)
ARTICLE III. - STREETS AND SIDEWALKS#
Sec. 33-38. - Grading and maintenance of private alleys.#
It shall be duty of every owner of a private alley to have the same so graded as to prevent the accumulation therein of water or filth, and keep the same constantly clean and in good order. Every twenty-four (24) hours that any person neglects or refuses to comply with the provisions of this section, after notice of the violation by the city manager or chief of police, shall constitute a separate offense.
(Code 1963, § 35-24)
Sec. 33-39. - Use of unopened rights-of-way by abutting property owners.#
(a) The City of Hopewell may permit any abutting property owner to have the use of one-half of any unopened right-of-way abutting the applicant's property, provided that:
(1) No building is erected in the right-of-way;
(2) No changes which would adversely alter drainage patterns are made to the property.
Such permit shall be granted in the same manner as a utility permit as established by city council ordinance and policies.
(b) The city shall retain full right of ownership over the land unless and until the property is duly vacated in accordance with city and state laws and shall reserve unto itself the right to perform any necessary work to a public utility located within the right-of-way. The city shall not be held liable for personal injuries or damages to any private property or improvements located within said right-of-way.
(c) Any abutting property owners may jointly and voluntarily agree for the use and maintenance of any portion of an unopened right-of-way.
(d) Any permit granted under this section shall be for a period of five (5) years and may be renewed within ninety (90) days of its expiration date, or it shall expire and be null and void.
(e) Such permit shall provide that the city may terminate the permitted use upon ninety (90) days' written notice to the permittee.
(Ord. No. 84-16, §§ 1—5, 7-24-84)
Editor's note: Ord. No. 84-16, §§ 1—5, adopted July 24, 1984, being nonamendatory of the Code, has been included herein as § 33-39 at the discretion of the editor.
Sec. 33-56. - Permit required.#
(a) No person, unless specially authorized by the city council, shall take up or remove any pavement or portion of the surface of a sidewalk or street, or excavate in any public street or alley or other public right-of-way of the city, without a written permit from the division of code enforcement.
(b) A violation of this section shall constitute a Class 3 misdemeanor.
(Code 1963, § 35-29; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-57. - Application for permit.#
Any person desiring a permit required in section 33-56 shall make application therefor to the division of code enforcement. Every person who shall make such application shall be deemed to have assented thereby to all the provisions and terms of this article, including the right of the city to collect the actual cost of replacing the pavement, sidewalk or street surface in the manner directed in this article.
(Code 1963, § 35-30; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-58. - Issuance or refusal of permit generally.#
A permit applied for under this article shall be issued by the division of code enforcement, if the applicant has complied with the provisions of this article. Such permit shall not be refused, except for cause, and in the event of refusal, the applicant may appeal to the city council.
(Code 1963, § 35-29; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-59. - Deposit as prerequisite to issuance of permit.#
Before a permit required by this article is granted, the division of code enforcement, may require a deposit sufficient to pay for resurfacing the street to be disturbed, the amount of such deposit to be determined by the division of code enforcement.
(Code 1963, § 35-31; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-60. - Prosecution of work without delay; notice of completion of work.#
It shall be the duty of every person to whom a permit has been granted under this article to institute at once, and prosecute without delay, the work for which the permit was obtained, and promptly on its completion, to call for an inspection within five (5) working days from the division of code enforcement.
(Code 1963, § 35-32; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-61. - Guards or barriers and protective lights; responsibility for damages caused by excavation.#
Any person to whom a permit has been granted under this article shall place guards or barriers around the excavation in question and shall protect it by warning lights at night. Such person shall be responsible for damages to persons or property caused by such excavations until the warranty of work expires or until the road has been overlayed.
(Code 1963, § 35-34; Ord. No. 79-26, 10-9-79; Ord. No. 93-19, 6-22-93)
Sec. 33-62. - Replacing surface; inspection fee.#
(a) When a permit has been issued under this article for removal of pavement, sidewalk or other street surfaces, it shall be the responsibility of the person receiving the permit to replace the removed surface. Such replacement shall be under the direction of the division of code enforcement, who is hereby authorized and directed to promulgate and enforce standards to ensure replacement in compliance with this Code and city polices. The permittee shall be required to replace such surface within five (5) days after completion of the work for which the surface was removed, excluding Saturday and Sunday, unless otherwise directed or specifically authorized by the division of code enforcement. If the replacement becomes defective, the permittee when notified by the division of code enforcement or his designee shall have five (5) days to replace the defective replacement. Failure to provide resurfacing approved by the division of code enforcement within five (5) allotted days will result in an assessment against the permittee of one hundred dollars ($100.00) per day for liquidated damages for each calendar day the work remains undone and until such work has been completed. If the permittee fails to have the work completed and the open surface is deemed to be a safety hazard or a common nuisance, the division of code enforcement may authorize the work to be done by the city, at the full expense of the permittee. Such expense shall include the cost of materials and the cost of labor, plus a twenty (20) percent overhead cost.
(b) The person to whom a permit is issued under this article shall be responsible for the section that was replaced for a period of five (5) years following such replacement and shall be held liable for any expense incurred by the city in correcting improper replacement.
(c) An inspection fee of twenty-five dollars ($25.00) shall be charged to all persons who are issued a permit under this article. An additional fifteen dollars ($15.00) will be levied for each inspection of a valid complaint.
(Code 1963, § 35-33; Ord. No. 79-26, 10-7-79; Ord. No. 80-24, 1-13-81; Ord. No. 87-27, 9-22-87; Ord. No. 93-19, 6-22-93)
Sec. 33-63. - Application of article to work done by city forces; notice to fire department when opening made by city.#
(a) Except as otherwise provided, the provisions of this article shall not apply to work done by city forces under the supervision of the city engineer or his duly authorized representative, but the city manager may prescribe regulations for work done on city streets by city forces.
(b) Whenever the city engineer or any other official shall cause an opening to be made in the surface of any street for the laying or repairing of pipes, or for any other purpose, it shall be his duty to notify the fire department of the location of such opening immediately upon the commencement of such work.
(Code 1963, §§ 35-28, 35-35)
Sec. 33-81. - Approval required for new entrances.#
No new entrances in sidewalks to cellars or areaways shall be permitted, without the approval of the city council.
(Code 1963, § 35-45)
Sec. 33-82. - General requirements for covers and doors.#
(a) Every cellar or other area which opens in a sidewalk shall have such opening covered with substantial metal grating, rough-surface-metal or metal and glass, which shall be flush with the pavement. No such opening to any existing cellar or area shall be recovered, nor shall the covering thereof be repaired or renewed, except with such material and in such manner as herein required.
(b) The entrance to every cellar which opens in a sidewalk shall be covered with two (2) doors of equal width, without joints and so constructed that, when closed, they shall be flush with the pavement, and when open shall each stand upright and at right angles to the pavement and be held in such position by connecting bars or chains at the end of the doors nearest the curbline. No cellar door shall be allowed to fall back or lie flat upon the street or sidewalk, nor to remain open any longer than necessary and while in actual use.
(c) The owner or occupant of any building, the cellar or area to which does not conform to the requirements of this section who shall, after notification by the city manager, fail or refuse to comply with its provisions, shall be guilty of a Class 4 misdemeanor for each day such violation continues.
(Code 1963, § 35-46)
Sec. 33-83. - Coal or fuel holes generally.#
(a) No opening in a street or sidewalk for fuel or coal holes shall exceed eighteen (18) inches in diameter. Such opening shall be covered with a substantial metal cover with a rough surface placed flush with the surface of the sidewalk. The construction of any new fuel or coal holes shall be in accordance with plans first approved by the city manager or his duly authorized representative, and shall not be constructed until a written permit shall have been obtained from the city manager or his duly authorized representative.
(b) The owner or occupant of any building, the fuel or coal hole to which does not conform to this section, or the owner, user or lessor of any such fuel or coal hole, who shall, after notification by the city manager or his duly authorized representative fail or refuse to comply with its provisions, shall be guilty of a Class 4 misdemeanor for each day such violation continues. Any person violating the other provisions of this section shall be guilty of a Class 4 misdemeanor for each offense.
(Code 1963, § 35-47)
Sec. 33-84. - Opening to be kept closed except when in actual use; liability for damages.#
Every cellar, vault and fuel or coal hole opening in a sidewalk shall be kept closed and the cover thereof securely fastened, except when the same shall be actually in use by some person immediately attending the same. The owner or occupant of the building shall be responsible for any damage to persons or property caused by any cellar, vault or coal hole opening.
(Code 1963, § 35-48)
Sec. 33-85. - Malicious opening.#
If any person willfully or maliciously opens or causes to be opened any cellar, vault or coal hole opening in a sidewalk, whereby the safety of users of the sidewalk is endangered, he shall be guilty of a Class 1 misdemeanor, and shall also be liable for damage or injury resulting from such act.
(Code 1963, § 35-49)
Sec. 33-86. - Repair of defective covers.#
Whenever the owner or occupant of any building to which is attached any area, cellar, vault, fuel or coal hole opening in the sidewalk shall be notified by the city manager or his duly authorized representative that the covering thereof is insecure or dangerous, it shall be his duty at once to repair the same. For failure to do so within five (5) days, he shall be guilty of a Class 4 misdemeanor and for each day of default after the expiration of such five (5) days, he shall be guilty of a Class 4 misdemeanor. Provided further, that in case of such failure to repair within five (5) days, the city manager or his duly authorized representative may cause such repairs to be made at the cost of the city, and the cost thereof, with twenty (20) percent additional as a fine, shall be collected of the party in default in like manner as fines and assessments are collected. The owner and occupant of such building shall be responsible for damages to persons or property caused by such defective covers.
(Code 1963, § 35-50)
ARTICLE IV. - WATER AND SEWER SERVICE CONNECTIONS PRIOR TO PAVING STREETS#
Footnotes: --- (2) ---
State Law reference— Laying pipes in streets, Code of Virginia, § 56-257 et seq.
Sec. 33-101. - Application for connection by owners of abutting property.#
Whenever it is decided to put down pavement of a permanent nature in any of the streets within the city, the city may require the owners of any abutting lots to make application for and have service lines extended to such lots from the sewer or water mains under such streets proposed to be paved. In all cases where such public improvements are ordered by the city council, notice shall be given, as provided in section 33-103, to the abutting landowners requiring them to make application for service connections with the water or sewer mains under the streets, alleys, lanes or other public highways proposed to be paved, within ten (10) days from the date of such improvement.
(Code 1963, §§ 35-51, 35-52)
Sec. 33-102. - Action by city when application not made by property owners.#
In the event the application required by section 33-101 is not made by such lot owners within the time limit prescribed, then the city council may direct that the service lines shall be put in by the city and the cost of same to be charged to the abutting landowners. Due notice of such action on the part of the city and of the amount so assessed or proportioned shall be given to each of the then abutting owners, and they shall be cited thereby to appear before the city council, not less than ten (10) days thereafter, at a time and place to be designated therein, to show cause, if they can, why the cost of the same shall not be assessed against the abutting landowners.
(Code 1963, §§ 35-53, 35-54)
Sec. 33-103. - Service or publication of notices required by sections 33-101 and 33-102. The notices required by preceding sections 33-101 and 33-102 may be given by personal service on all parties entitled to such notices, except that notice to an infant or insane person may be served on his guardian or committee, and notice to a nonresident may be mailed to him at his place of residence, or served on any agent of his having the property in charge, or on the tenant of the freehold, or in any case where the owner is a nonresident or where the owner's residence is not known, such notice may be given by publication once a week for two (2) successive weeks in some newspaper published in the city or having circulation in the city. In any case, in lieu of such personal service on the parties or their agents, and of such publication, the notice to all parties may be given by publishing the same in some newspaper published in the city or having circulation in the city once a week for two (2) successive weeks, the last publication to be made at least ten (10) days before the parties are cited to appear.
(Code 1963, § 35-55)
Sec. 33-104. - Basis of assessment against property owners. In determining the amount assessed against lot owners under this article, the same shall be ascertained by the actual cost of service connections, plus six (6) percent interest per annum calculated commencing the first day of the month following such assessment until paid.
(Code 1963, § 35-57; Ord. No. 2015-1027, 10-27-15)
Sec. 33-105. - Duties of commissioner of revenue. It shall be the duty of the commissioner of the revenue from time to time, but at least annually, to ascertain what service connections have been installed by the city, as provided by this article, where the abutting property owners are liable for the expense of doing such work. He shall charge the same upon the books provided for special assessments and shall also enter the same upon the land books. He shall enter the extra charge upon his books, in the columns provided therefor, and for his services he shall be paid the same salary or commission as provided by general law for assessing real and personal property.
(Code 1963, § 35-59)
Sec. 33-106. - Lien for charges. Each charge made by the commissioner of the revenue, as provided in section 33-105, shall constitute a lien upon the property involved until the same is paid. The lien herein provided for shall be kept upon the books provided for special assessments.
(Code 1963, § 35-60)
Sec. 33-107. - Abstract of proceedings to be recorded by clerk of circuit court. Immediately upon the final ascertainment or apportionment of the cost of a service connection against the abutting owners, in the manner provided in this article, it shall be the duty of the clerk of the city council to prepare and deliver to the clerk of the circuit court of the city an abstract of the proceedings of the city council, showing the names of the owners, location of the property and the amount assessed or apportioned against each owner, which abstract of proceedings shall be recorded and indexed in the manner provided by law.
(Code 1963, § 35-58)
Sec. 33-108. - Appeals to circuit court. Any abutting landowner feeling aggrieved by any assessment or apportionment made against him on account of the cost of service connections by the city council under this article may, within thirty (30) days thereafter, appeal to the circuit court of the city. When any such appeal is taken, the clerk of the city council shall immediately deliver to the clerk of the circuit court the original notice relating to the assessment or apportionment, with the action of the city council endorsed thereon. Such appeal shall be docketed and heard as provided by law.
(Code 1963, § 35-56)
ARTICLE V. - SETBACK LINES ON SPECIFIC STREETS
Footnotes: --- (3) ---
Cross reference— Building regulations, Ch. 11; zoning ordinance, App. A.
Sec. 33-121. - Violations of article. Except as otherwise specifically provided, any person who violates any provision of this article shall be guilty of a Class 1 misdemeanor.
Sec. 33-122. - Second Avenue between Randolph Road and Norfolk and Western Railway right-of-way. All buildings erected after August 5, 1955, on Second Avenue, between Randolph Road on the north and the Norfolk & Western Railway right-of-way on the south, shall be set back five (5) feet from the property line, so that, at some future date, Second Avenue may be widened ten (10) feet.
(Code 1963, § 35-61)
Sec. 33-123. - City Point Road between Main Street and Fifteenth Avenue. (a) All property owners owning property on City Point Road, between Main Street and Fifteenth Avenue, shall build any new structure five (5) feet back from their property line. Any property owner altering or materially changing any building now located on City Point Road, between such streets, which extends within five (5) feet of the property line on City Point Road shall be required to move such structure back five (5) feet from the present property line.
(b) As buildings are constructed on City Point Road, between Main Street and Fifteenth Avenue, with the five (5) foot setback, the city, at its cost, shall construct a sidewalk on such five (5) feet upon the request of the property owner.
(Code 1963, § 35-62)
Sec. 33-124. - Fifteenth Avenue between City Point Road and Seaboard Airline Railroad right-of-way. All buildings erected on Fifteenth Avenue, between City Point Road on the north and the Seaboard Airline Railroad right-of-way on the south, shall be set back three (3) feet from the property line, so that at some future date Fifteenth Avenue may be widened.
(Code 1963, § 35-63)