As used in this chapter:
"Contractor"
means any person installing, creating or improving a driveway at the request of the owner.
"Driveway"
includes any ramp, pathway or other means of ingress or egress to the owner's property from a roadway by a motor vehicle.
"Owner"
means the holder of fee title of record, or a vendee under a recorded land contract, or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate.
"Roadway"
includes public rights-of-way and dedicated streets.
"Water"
includes water and/or other liquid substances.
(Ord. 187 § 1, 1996)
Before installing, creating or improving a driveway and/or culvert to any degree which abuts, lies upon or joins a roadway, the owner of the real property to be benefited by the installation, creation or improvement of the driveway and/or culvert shall file an application for a driveway/culvert permit with the Public Works Director, hereinafter referred to as Director. The applicant shall provide such information as the Director deems necessary or convenient in order to determine the topography of the property and the necessity for a culvert.
No contractor shall construct or improve a driveway and/or culvert unless a permit or a waiver has been granted to the owner.
(Ord. 187 § 2, 1996)
The Director shall determine whether or not a culvert is necessary under the driveway to adequately channel runoff water so that water does not collect or traverse upon the roadway. Whenever the owner is improving an existing driveway, a culvert shall be required if the improvement to a driveway will alter the course of flow of the runoff water, causing the water to traverse or collect upon the roadway.
The Director shall either grant the driveway/culvert permit upon the terms and conditions as applicable, or determine that a culvert is not necessary.
(Ord. 187 § 3, 1996)
If a culvert is required, it shall be not less than 20 feet in length and 12 inches in diameter, or at a size to be determined by the Director to be necessary to protect the roadway and assure adequate and safe access to the property in the event of an emergency.
(Ord. 187 § 4, 1996)
The Director's decision that a culvert is necessary, may be appealed to the Public Works and Streets Committee by filing an appeal with the City Recorder not later than five days after a copy of the permit has been given to the applicant. If a permit is mailed to the applicant, it may be by regular mail, and the delivery shall be deemed to be made three days following the date of postmark.
If the Public Works and Streets Committee determines that a culvert is not necessary, the decision shall be presented for City Council review at the Council's next regularly scheduled meeting. The Council shall determine whether or not a culvert is necessary in accordance with the criteria above, and if so, the specifications thereof, shall state its decision and reasons therefore, and the same shall be placed in the Council minutes.
Following the decision of the City Council on appeal, the Director shall either grant the driveway/culvert permit upon the terms and conditions set forth by the City Council, as applicable, or follow the Council's determination that a culvert is not necessary.
(Ord. 187 § 5, 1996; Ord. 381, 4/15/2026)
The application for a culvert shall be accompanied by a permit fee of $25, which is non-refundable.
(Ord. 187 § 6, 1996; Ord. 252, 4/18/2005)
Any person who violates any of the provisions of this chapter commits a Class A civil infraction and shall be subject to the procedures and penalties of Chapter 1.12, as now constituted or hereafter amended, revised or repealed.
(Ord. 187 § 7, 1996)