[R.O. 2011 § 505.350; R.O. 2009 § 54.070; CC 1981 § 24-75; Ord. No. 84-89, 8-1-1984]
For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVEWAY APPROACH
Any area in which, because of topography, elevation, position or location, it is necessary to enclose the gutter or road ditch in a driveway culvert in order to have a proper and suitable entrance to any property abutting on any public right-of-way. Driveway approaches are private improvements.
DRIVEWAY CULVERT
A drain pipe or other structure of concrete, masonry, metal, vitrified tile or other materials or combination thereof approved by the Director of Public Works or his/her designee and used to convey or carry surface water across, under or through any driveway approach or road ditch and/or to connect two (2) or more sections of a gutter or road ditch.
GUTTER OR ROAD DITCH
The part of the right-of-way which is shaped, crowned, sloped or graded for drainage purposes.
[R.O. 2011 § 505.360; R.O. 2009 § 54.071; CC 1981 § 24-76; Ord. No. 84-89, 8-1-1984]
It shall be unlawful for anyone to construct any driveway approach over, in or through any gutter or road ditch or to install or construct a driveway culvert through any road, street or public right-of-way without first having obtained a permit from the Director of Engineering or his/her designee hereinafter provided in Section 505.210.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 505.370; R.O. 2009 § 54.072; CC 1981 §§ 24-77 — 24-78; Ord. No. 84-89, 8-1-1984]
A. 
Application. Applications for permits shall be made to the Public Works Department and shall state the name of the applicant, the location of the platted property upon which any driveway approach or culvert is sought to be constructed and the size and type of construction needed. Upon approval by the Director of Engineering or his/her designee, a permit shall be granted. Within sixty (60) days thereafter, the applicant shall cause the driveway culvert to be installed by a contractor licensed to perform work in the City and inspected by the Department of Engineering.
B. 
Fees. Permit fees shall be assessed according to Section 505.220.
[R.O. 2011 § 505.380; R.O. 2009 § 54.073; CC 1981 § 24-79; Ord. No. 84-89, 8-1-1984; Ord. No. 17-183 § 1, 9-20-2017]
It shall be unlawful for anyone to retard or obstruct the flow of storm or surface water in or through any driveway culvert, gutter or road ditch in or through any road, street or public right-of-way. If the existing concrete curb immediately adjoining an entrance and concrete gutter do not meet current City standards as set forth in Section 405.260, is located on a street laid with asphalt pavement and does not allow for convenient ingress and egress, then the property owner may petition to the Director of Engineering for permission to alter the curb to allow for convenient ingress and egress. The property owner shall be responsible for the construction and maintenance of any alterations made to the gutter.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 505.390; R.O. 2009 § 54.074; CC 1981 § 24-80; Ord. No. 84-89, 8-1-1984]
The owner of platted property in front of which there is an obstructed gutter or roadway ditch shall, within twenty (20) days after notification in writing from the Director of Engineering or his/her designee, remove such obstruction or interference or apply for permit to cause a new driveway culvert to be installed so that the flow of the surface or storm water is not obstructed or retarded. If the owner does not reside or maintain a mailing address on the property, notice shall be posted in a conspicuous place on the property and shall be delivered by certified mail to the owner's last known address.
[R.O. 2011 § 505.400; R.O. 2009 § 54.075; CC 1981 § 24-81; Ord. No. 84-89, 8-1-1984]
No permit shall be issued by the Engineering Department for any construction in or on any platted property where there is no driveway approach or a new driveway approach is deemed necessary because of the existing conditions, unless the applicant shall provide surety in such amount as is reasonably necessary, based upon the current construction costs, as established by the Director of Engineering or his/her designee.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 505.410; R.O. 2009 § 54.076; CC 1981 § 24-82; Ord. No. 84-89, 8-1-1984]
If the property owner does not remove the obstruction or apply for a permit as stated herein within twenty (20) days after notification, the City may do the necessary work and the cost thereof shall be charged or assessed against the property in the same manner as provided by the Statute for a lien.