[Ord. 2003-423 § 1
(part); Ord. 87-275 § 5;
prior code § 35-18]
No person shall cut, remove, construct, reconstruct, damage,
deface, injure or disturb any curbing, paving, sidewalk, earth or
shoulder on any public right-of-way in the City for the purpose of
creating a driveway or approach without first obtaining a permit.
[Ord. 2003-423 § 1
(part); prior code § 35-19]
A.
Such permit shall be issued by the City engineer or his designee
if it appears to him that there is reasonable assurance that the construction
of the driveway or approach will not create a hazard in the use of
the street or sidewalk for public travel.
B.
If a curb cut and/or driveway approach already exists for the property
in a location different than that requested, the City engineer or
his designee shall require the abandonment of the existing curb cut
and/or driveway approach in accordance with City specifications as
a condition of the permit for the new curb cut and driveway approach,
unless abandonment will create a greater hazard in the opinion of
the City engineer.
C.
For driveways connecting to unimproved streets, the property owners
will be responsible for all costs, including culverts, fill material,
and surfacing consistent with the roadway paving. The City engineer
or his designee will be responsible for sizing the culverts. The minimum
culvert size shall be 18 inches.
D.
The City engineer or his designee may require the submission, adoption
and filing with him of such a plan of reconstruction of curbing, street
paving or sidewalk affected as he shall see fit, in order to guard
against the creation of any such hazard. In such case, no person shall
execute any other plan or reconstruction than that so adopted and
filed.
E.
The City engineer or his designee may require the execution of a
bond to the City or deposit of a cash sum with him to assure the execution
of any plan so adopted and to indemnify the City against the expense
of reconstruction according to such plan if such plan is not executed,
or of restoration of original conditions if no reconstruction is performed
with reasonable promptness.
[Ord. 2003-423 § 1
(part); Ord. 87-275 § 6]
The charge for each permit issued for construction of any driveway
or driveway approach on public property shall be payable in advance
and in the amount listed for each type of driveway:
Widen an existing driveway approach (no curb cut required):
$25.
New residential driveway approach: 50.
New commercial driveway approach: 100.
[Ord. 2003-423 § 1
(part)]
A.
Traffic Hazard. The City engineer or his designee shall order abandoned
any curb cut and/or driveway approach, if in the opinion of the City
engineer it constitutes a hazard for use of the street. The curb cut
and/or driveway approach shall be abandoned in accordance with City
specifications.
B.
City Improvement Projects. In conjunction with City initiated improvement
projects, the City engineer or his designee may notify property owners
abutting unimproved curb cuts of the City's intention of abandoning
the unimproved curb cut as a part of the project and at the City's
expense. The property owner must decide and notify the City engineer
within 10 days of his decision to improve the curb cut and/or driveway
approach. Any improvement must comply with City specifications. If
the property owner elects to improve the curb cut and/or driveway
approach, the property owner must do so, including construction of
a driveway complying with the City specifications, within 30 days
of the notice. If the property owner fails to make the necessary improvements
within 30 days, the City may perform, or cause to be performed, the
work to abandon the curb cut and/or driveway approach and assess the
cost to do so against the property.
C.
Unimproved Curb Cuts. At the direction of the City Council the City
engineer shall order abandonment of unimproved curb cuts.
D.
Only Access. The City engineer shall not order abandoned a curb cut
or driveway approach that constitutes the only access to a property
from public right-of-way.
[Ord. 2003-423 § 1
(part)]
A.
Violation by a property owner or its agent of the provisions of this
chapter or a notice issued pursuant thereto may be prosecuted by municipal
infraction with sanctions in accordance with state law.
B.
If the City must abate, as a nuisance, a traffic hazard posed by
an existing curb cut and/or driveway approach after notice to the
property owner, the cost of abatement may be assessed against the
property.
