When curb and gutter improvements shall be authorized
and ordered according to law, the cost of such improvements shall
be paid by the municipality. The Council is hereby authorized to assess
such improvements, issue improvement bonds and levy and collect a
special tax from the abutting and adjacent property owners specially
benefited in the manner provided by law for the payment thereof.
[Amended 3-16-2021 by Ord. No. 1922]
It shall be unlawful for any person to cut into any paving,
curb or sidewalk for the purpose of constructing a driveway, on-street
parking, or any other purpose whatsoever, or to construct a driveway
approach connecting a private property with a public right-of-way
or on-street parking, without first having obtained a written permit
from the City Clerk therefor. Before any person shall obtain a permit,
such person shall inform the City Clerk of the place where such cutting
or other work is to be done and it shall be the duty of the Director
of Public Works and agents and assistants to approve the place of
entry into the paving, sidewalk, curb, or driveway approach before
the same is cut on all streets. The Director of Public Works and agents
and assistants may request City Council approval on any curb cut or
driveway approach which he or she deems necessary. All cuts shall
be saw cuts unless the applicant secured written permission to use
another method from the Director of Public Works. When the person
is ready to close the opening made, such person shall inform the Director
of Public Works who shall supervise and inspect the materials used
and the work done in closing the opening. It shall be discretionary
with the Director of Public Works to do the work of cutting and closing
the paving and shall charge the costs thereof to the party who obtained
such permit. The Director of Public Works may consent to the work
of cutting and closing the paving to be done by the party holding
such permit. Before any permit is issued by the City Clerk the applicant
for such permit shall deposit with the City Clerk a sum set by resolution
of the Council for all paving, curb or sidewalk to be cut. Such sum
shall be set on a per square foot cost of construction basis. The
deposit shall be retained by the municipality for the purpose of replacing
the paving, curb or sidewalk in the event that the work is done by
the municipality. In the event that the municipality elects to require
the applicant to replace the paving, curb or sidewalk, the deposit
shall be retained by the municipality until the work is completed
to the satisfaction of the Director of Public Works. The City Council
shall, by resolution, adopt regulations for driveway and on-street
parking location, design, and construction. All cutting, driveway
approach construction, on-street parking construction, and other work
and design described in this section shall comply with the said regulations
and with the City's official cross section diagram attached as Exhibit
A[1] and incorporated by this reference herein. It shall be
unlawful to violate any of the said regulations, the requirements
of the official cross-section diagram, and this section. This section
shall apply within the corporate limits of the City and within its
extraterritorial jurisdiction. No permit shall be granted unless the
applicant shall, in addition to all other requirements, agree, in
writing, to the following conditions:
A.
That the
applicant will, if requested by the municipality, promptly replace
and repair each and every place cut into any pavement, curb or sidewalk
under such rules as may be prescribed by the Director of Public Works
as approved by the Council and leave the same in as good a condition
as before the same was cut.
B.
That
the applicant will maintain and keep in repair the place where the
pavement, curb or sidewalk is cut to the satisfaction of the municipality
and its officers for a period of one year after completion of the
work.
C.
That the
applicant will promptly compensate the municipality for all work done
by the municipality in replacing or repairing any places cut in the
pavement, curb or sidewalk by the applicant.
D.
That the
applicant will obey all laws of the municipality in doing such work
and will save the municipality harmless from any damages which may
occur as the result of either cutting or repairing the pavement, curb
or sidewalk.
[1]
Editor’s Note: Exhibit A is included as an attachment to this chapter.
