When any curb-cut or driveway within the City of Anaheim has been abandoned and is no longer in use, and in any case where the use, convenience and necessity of the public require, the Director of Public Works shall have authority to order the owner or agent in charge of property adjacent to which curb-cuts are maintained to alter the curb-cut in such manner as he or she shall find reasonably necessary.
.010 Notice of Alteration Order. Whenever the Director of Public Works shall determine that a curb-cut or driveway has been abandoned, or shall determine that the use, convenience and necessity of the public require an alteration, the Director shall serve a written notice on the owner or agent in charge of the adjacent property and shall post a conspicuous notice on the property notifying the owner or agent in charge that an alteration of the curb-cut is required. Such notice shall specify the time in which the owner or agent shall comply with such requirement, which time shall be not less than twenty days from the date of said notice.
.020 Violation. If the alteration required by the Director of Public Works is not complied with within the time specified in the notice, the owner or agent of the property shall be deemed in violation of this chapter. Each day that the curb-cut or driveway is maintained without alteration, after the time set forth in the notice, shall constitute a separate and distinct violation of this chapter.
.030 Appeal. Any owner or agent in charge of property who has been notified by the Director of Public Works to alter a curb-cut may appeal from the order of the Director to the City Council of the City of Anaheim by filing a written notice of appeal, specifying the grounds for such appeal, with the City Clerk of the City of Anaheim within ten days after the notice of alteration order has been served on such person, or after property has been posted. No appeal shall be heard by the City Council unless the notice of appeal is filed within the time herein specified; provided, however, the City Council may request a review on its own motion. Where an appeal has been filed as hereinabove set forth, or a review has been requested by the City Council, no party shall by deemed in violation of this chapter until such time as the City Council has determined the controversy and the owner or agent is allowed a reasonable time thereafter to comply with such alteration order. (Ord. 5855 § 34 (part); April 29, 2003.)