For purposes of this chapter, the following terms shall mean:
means an area on private property where automobiles and other
vehicles are operated or allowed to stand.
means an area, construction or improvement between the roadway
of a public street and private property intended to provide access
for vehicles from the roadway of a public street to a definite area
of the private property intended and used for the ingress and egress
of vehicles.
means walkways, driveways, pathways and any other improved
approach from private property to such city streets and public ways.
means that boundary of private property abutting the city
street line.
(Ord. 01-7 § 1)
Prior to the construction or improvement, replacement or repair
of any such entrance, the property owner shall file with the city
a plan showing the proposed alteration, construction, improvement
or repair of such an entrance at least ten days prior to the initiation
of the work thereon.
(Ord. 01-7 § 1)
It is the duty of the public works director to examine the plan
and the site of the improvement and to determine the substantial compliance
thereof with this chapter. In the event that the plan is not in compliance
with this chapter, the public works director shall notify the property
owner, who is required to suspend work thereon until such time as
a plan in accordance with this chapter is approved by the public works
director.
(Ord. 01-7 § 1)
Driveway approaches shall be constructed in accordance with
the submitted plans for driveways and meet the following standards:
A.
Width.
The width of driveway approach shall be measured along the property
line and shall not exceed twenty feet for single ownership.
Where a driveway curb cut or curb cuts in excess of twenty feet
are requested for a single ownership, the maximum widths that the
public works director may approve are as follows:
The paving between the property line and the street pavement
may be wider than the driveway approach at the property line in order
to provide for safe deceleration of vehicles turning into the applicant's
premises.
|
Frontage
|
Total Width of Driveway
|
|---|---|
|
50 feet or less
|
20 feet
|
|
>50 feet and <100 feet
|
20 feet plus 50% of frontage over 50 feet
|
B.
Surface.
If the driveway is improved, the applicant shall pave the driveway
approaches or other areas within the right-of-way with asphaltic concrete
or other material approved by the public works director so that it
merges with the street pavement; the paving shall be adequate and
suitable for the traffic to be carried as determined by the public
works director.
C.
Drainage.
The extended paving between the property line and the street pavement
shall be to the established grade or other slope fixed by the public
works director to provide for proper runoff. The public works director
may require that entrances at the property line bordering the city
street or way be constructed in such a fashion to provide for a minimum
ten-inch diameter culvert drain capacity either by the installation
of a minimum size ten-inch culvert, and/or by the construction of
an adequate bridge.
(Ord. 01-7 § 1)
All driveways must be located the maximum distance which is
practical from a street intersection and in no instance shall the
distance from an intersection be closer than forty feet on an arterial
street and ten feet on a local street as measured from the nearest
curb return radius. Where streets of different functional classification
intersect, the distance required is forty feet.
(Ord. 01-7 § 1)
The owner of land abutting a driveway approach shall maintain
the approach in good repair and safe condition. The owner shall be
liable for injury, damage or loss to person or property caused by
the owner's negligent failure to maintain the approach in good repair
and safe condition. The city shall not be liable for injury, damage
or loss to any person or property caused in whole or in part by the
defective or dangerous condition of any driveway approach.
The public works director may serve notice on the owner to reconstruct
or repair the driveway approach as conditions may require. Neither
the duty of the owner to maintain the driveway approach in good repair
and safe condition, nor liability for owner's failure to do so is
dependent upon the notice from the city to reconstruct or repair.
The owner shall defend and hold harmless the city from all claims
for loss or damage arising from the owner's failure to comply with
subsection.
(Ord. 01-7 § 1)
If the public works director determines that a driveway approach
is to be repaired or reconstructed, a notice shall be sent to the
owner of the property by first-class mail at the owner's address as
known to the public works director, or if not so known, as indicated
on current records of the county assessor. The notice shall state
the repair or reconstruction required, the time limit for such repairs,
and state that the cost shall be borne by the owner of the driveway.
If the necessary repair or reconstruction is not completed within
the given time limit, the public works director may cause the repair
or reconstruction to be performed either with city forces or by private
contract. The city shall keep an accurate account of the costs of
the labor and materials used in making the repairs in front of each
lot or parcel of land. The costs of such repairs plus ten percent
for administrative fees shall be filed as a lien on said property
with the county if payment is not received within thirty days from
the date of billing.
(Ord. 01-7 § 1)
The violation of this chapter upon conviction thereof is punishable
by a fine of not more than five hundred dollars.
(Ord. 01-7 § 1)
