[Adopted 1-26-1971 by Ord. No. 590 as Sec. 16-2 of the 1971
Code]
It shall be unlawful for any person to construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron, curb or gutter or any part thereof within any public right-of-way
in the city without first having obtained a permit to do so from the
Director of Public Works.
Application for a permit under this article
shall be made to the Director of Public Works by the owner of the
premises or his agent upon forms provided by the city and shall contain
the following information:
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform
the proposed work and the name and address of the owner of the property
on which the work is to be performed, if other than the applicant.
C.
The location, by street number or otherwise, of the
premises where the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including
its exact location with respect to a street intersection or some other
fixed and prominent object, as well as its width and relationship
to the grade of the street and the adjacent property and, in the case
of a driveway apron, its slope or pitch.
F.
Any other information that the Director of Public
Works deems necessary in order to determine whether the work will
comply with this article.
A fee of $5 shall be charged for each permit,
and in addition thereto, the applicant shall pay the cost of all tests
which the Director of Public Works deems necessary. The fee shall
be paid at the time the application is filed, and the cost of all
proposed tests shall be paid prior to the issuance of any permit.
A.
All materials and work shall be in accordance with
city specifications on file in the office of the Department of Public
Works.
B.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced in accordance with city specifications.
C.
No concrete sidewalk shall be replaced or covered
with blacktop.
D.
Whenever a curb cut or driveway depression is required,
the entire section or sections of curb or curb and gutter shall be
removed and replaced. The breaking and recapping of curbing is specifically
prohibited.
The applicant shall notify the Department of
Public Works at least 24 hours prior to the time of pouring or laying
any sidewalk, driveway apron, curb or gutter so that the Department
may arrange for adequate inspection and testing.
This article shall not apply to:
[Amended 12-28-1971 by Ord. No. 623; 10-27-1998 by Ord. No. 35-98]
It shall be the duty of any property owner abutting
upon a public street or public sidewalk in the city to construct,
repair, alter or relay any sidewalk or curb, or section thereof.
A.
In case the owner or occupant of such land shall not
comply with the requirements of this section, it shall be lawful for
the Street Department of the city, upon notice, via service or publication,
to the homeowner, to cause the required work to be done and paid for
out of the moneys of the city available for that purpose.
B.
The cost of such work shall be certified by the department
or person having charge thereof to the department or person having
charge of the collection of assessments in the city.
C.
Upon filing the certificate, the amount of the cost
of such work shall be and become a lien upon the abutting lands in
front of which such work was done to the same extent that assessments
for local improvements are liens in the city under its charter or
the general law and shall be collected in the manner provided by law
for the collection of such other assessments and shall bear interest
at the same rate.
D.
In addition thereto, the city may have an action to
recover the amount against the owner of the lands in any court having
competent jurisdiction thereof. A certified copy of the aforesaid
certificate shall in such action be prima facie evidence of the existence
of a debt due from the owner to the city.
E.
All moneys recovered or paid to the city under the
provisions of the last preceding subsection shall be credited to the
account out of which the cost of such work was paid.
