The word “paving” shall include any work in which
asphalt or concrete is poured into a single piece covering three square
yards or more of surface area, and for which no building permit is
required under any other ordinance.
(Ordinance adopted 4/14/97, sec.
1(1))
Any person who violates this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with section 1.01.009 of this code.
(Ordinance adopted 4/14/97, sec.
1(8))
It shall be unlawful for any person to perform paving work in
the city without first obtaining a paving permit. Any person acting
for himself, or acting as the agent, employee or independent contractor
of another, who violates this article is subject to the penalties
set out in this article.
(Ordinance adopted 4/14/97, sec.
1(2))
Paving permits shall be issued only after an application in
the form of an affidavit is presented to the city. The application
shall contain:
(1)
The
name and residence address of the applicant and the owner of the property
where the paving work is proposed.
(2)
The
exact location of the property where the paving work is proposed.
(3)
A
brief description of the paving work, including the purpose, duration
of work, and expected completion date.
(4)
A
positive statement that the proposed paving work will not (i) obstruct
or hinder the use of any public street, alley or way, or (ii) obstruct
or hinder the present arrangements for surface water drainage. Grade
or slope shall be equal to each existing culvert at the end of each
intersection in the direction of drainage.
(5)
Such
other data as the building inspector shall require.
(Ordinance adopted 4/14/97, sec.
1(3))
Within seven days of receipt, the building inspector shall review
and act on the application. The factors to be considered include,
without limitation, the effect on surface water drainage, the land
values and uses in the area, and such other factors as may relate
to the harmonious development of the city. The inspector shall either
grant the permit, refuse it, or grant the permit with special conditions
attached.
(Ordinance adopted 4/14/97, sec.
1(4))
Each application for a paving permit shall be accompanied by
a fee in the amount established by city council, which shall be refunded
14 days after the permit is refused. The applicant may appeal the
inspector’s refusal of a permit, or the conditions attached
to the grant, by requesting a public hearing before the city council.
The applicant must request such hearing within 10 days of the inspector’s
action on the permit. The city secretary shall notify the applicant
of the date, time and place of the public hearing. By majority vote,
the council may sustain, amend or overrule the inspector’s action
on the application. The amount of the fee may be amended periodically
by the city council, either by specific ordinance or by providing
for a different fee in the city budget.
(Ordinance adopted 4/14/97, sec.
1(5); Ordinance adopting Code)
Each paving permit shall be issued for a maximum period of six
months, after which it is void. No paving permit may be transferred
or assigned without the city’s consent.
(Ordinance adopted 4/14/97, sec.
1(6))
The inspector shall inspect the paving work on-site after the
trenches are excavated and the forms are erected. The permit holder
has the duty to notify the inspector on a timely basis of when the
inspection may be done, which shall be before any concrete is poured.
The inspector shall have the right to enter any lands in the city
for the purpose of carrying out this article.
(Ordinance adopted 4/14/97, sec.
1(7))
