Sections 6-5-4-1 et seq. shall not be retroactive as to any curb cuts or crossings in existence and in actual use at the time of its adoption, except as provided in (A) and (B) hereunder:
(A) After the adoption of §§ 6-5-4-1 et seq., if any vehicular or other sidewalk crossing is clearly abandoned as a crossing or no longer used for its intended purpose, any permit heretofore or hereafter granted for the use of said crossing as such shall be subject to revocation by the City Traffic Engineer only after 30-days written notice of such proposed revocation has been given to the owner of the property to which the crossing is appurtenant, if his name and address can be reasonably ascertained from the Tax Rolls of Bernalillo County, and also by the giving of a copy of the written notice to the occupant of the premises, if any, and if such occupant is other than the owner. It shall be sufficient notice under the provisions of this section and § 6-5-4-6 to make delivery of the notices by registered mail. In the event the name and address of the owner cannot be reasonably ascertained from the current Bernalillo County Tax Rolls and the premises are unoccupied, it shall be sufficient notice under this section and § 6-5-4-6 to publish the notice in English in a newspaper of general circulation in the city once a week for four consecutive weeks.
(B) All curb cuts on designated thoroughfares as shown on the city thoroughfare plan, which are determined by the Traffic Engineer to constitute a traffic hazard, and which become nonconforming upon passage of §§ 6-5-4-1 et seq., shall be subject to revocation as provided in division (A) above.
('74 Code, § 8-13-5) (Ord. 1903) Penalty, see § 1-1-99