A.
No person, firm or corporation shall hereafter construct, reconstruct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public right-of-way without first having obtained a written permit to do so from the Public Works Director. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions herein contained. No permit shall grant the permittee exclusive rights to use the area encroached upon.
B.
Application for permit must be made in writing upon forms furnished by the City. Said application shall contain the name and address of the person, firm or corporation making the application, the name of the contractor or person who is to construct said driveways and the proposed location and dimensions of such driveways.
C.
Driveway permit fees shall be established in accordance with the published City of Houston Fee Schedule and HMC § 4.01.050, are nonrefundable, and shall be paid at the time of application for the permit. Such fees obligate the City for the pre-inspection.
1.
Work will be completed by the first of October. In the winter months an extension may be requested. In the event the driveway construction fails to meet the specified standards, an additional fee shall be established in accordance with the published City of Houston Fee Schedule and HMC § 4.01.050 and will be required for each subsequent inspection.
D.
Driveways hereafter constructed without a permit upon public rights-of-way will be considered as unauthorized encroachments and subject to removal under HMC § 10.14.090.
E.
Applicants for driveway permits agree to perform all work in accordance with this chapter, conditions specified on the permit, and any conditions made contingent for approval of the land use permit; and shall indemnify and save harmless the City of Houston, its officers and employees from all liability, judgment, costs, expenses and claims growing out of damages, or alleged damages, of any nature whatsoever, to any person or property arising out of performance or nonperformance of said work or the existence of said driveways.
F.
The issuance of a driveway permit by the City of Houston waives none of the powers or rights of the City to direct the removal, relocation, and/or proper maintenance of any driveway within the right-of-way of the City street or road. Any permits granted will be construed as regulatory and not contractual. Such permits are revocable by the City of Houston whenever the use and presence of a driveway or approach unduly interferes with the required use of that portion of the right-of-way occupied by the driveway or constitutes a hazard to traffic.
(Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012)