ARTICLE I. IN GENERAL
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 (7 1/2) 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Sec. 33-32. Snowballing in street.
No person shall throw any snowballs in the streets.
Sec. 33-33. Playing ball in street.
No person shall play any game of ball in the streets of the city.
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.
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.
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.
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.
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.
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.
Secs. 33-40--33-55. Reserved.