10-20-440 Construction.

   Where driveways are to be built across the sidewalk spaces, unless otherwise expressly authorized they shall conform to the sidewalk grade. Such driveways shall be constructed of concrete eight inches in depth and shall otherwise comply with applicable regulations. Provided, however, that in the case of driveways across viaduct sidewalks or existing residential asphalt driveways, variations of construction and materials to conform to existing condition may be made when approved by the commissioner.

   No driveway shall be so constructed as to prevent free and unobstructed passage on, over or across the same, or in such a manner as to interfere with the proper drainage and safe grading of the streets. No driveway shall be constructed across intersecting sidewalks. Gradual approaches to the regular sidewalk grade shall be made from the grade of the driveway. The slope of any driveway and the approaches thereto shall not exceed one inch vertical to one foot horizontal nor be less than one-fourth inch vertical to one foot horizontal in any direction, except that the slope from street curb line shall not exceed one inch vertical to one foot horizontal.

(Prior code § 33-20; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 35; Amend Coun. J. 6-30-10, p. 95412, § 1)

10-20-442 Driveways rendered unusable – Removal and restoration.

   (a)   No person shall maintain any driveway over, across or upon any public sidewalk or public parkway if the property to which the driveway is connected has a permanent barrier, including, but not limited to, a fence, wall, building or landscaping which prevents the ingress and egress of vehicles to the property from the driveway. A use of public way permit issued for a driveway maintained in violation of this section may be revoked by the commissioner.

   (b)   (1)   If a business served by a commercial driveway ceases operation and there is no business activity conducted at that location, the owner of the property to which the driveway is attached or the grantee of a public way permit for the driveway shall, at his own expense, erect, within ten days of cessation of the business, a barrier across the driveway to prevent access to the property. The design of the barrier shall be approved by the commissioner. If the cessation of the business activity continues for a period of 180 consecutive days, the owner or grantee shall, at his expense, remove the driveway and restore the sidewalk, parkway, curbs, gutters, and any trees and landscaping required by the provisions of this Code; provided that the commissioner may waive this requirement for the following reasons:

         (A)   the property to which the driveway is attached is either (I) under a contract for sale and the sale will be completed within a reasonable time period, or (ii) the property is for sale and is actively being marketed; and

         (B)   the owner of the property has erected a barrier across the driveway pursuant to the provisions of this subsection.

      (2)   The owner of the property or the grantee of a public way permit subject to the provisions of subsection (b)(1) of this section shall, at his own expense, erect, within ten days of cessation of the business, a barrier to prevent alley access notwithstanding any contrary provision of any other ordinance. The design of the barrier shall be approved by the commissioner.

   (c)   Whenever the commissioner determines that the property to which a driveway is attached has been physically rendered unusable as a driveway in violation of this section, the commissioner may order the driveway removed and the sidewalk and public parkway space where the driveway is located restored to its proper condition so that the portion of the sidewalk and public parkway space used for the driveway shall be safe for public travel and in the same condition as the remaining portion of the sidewalk and public parkway space. The provisions of this section shall not apply to driveways attached to residential dwellings of three units or less.

   (d)   Any person who violates the provisions of this section shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day a violation continues shall constitute a separate and distinct offense. If the owner of the property to which the driveway is attached or the grantee of a use of public way permit that was issued for the driveway at the time of the violation fails, neglects or refuses to remove the driveway, the city may proceed to remove the driveway and restore the sidewalk, parkway, curbs, gutters and any trees and landscaping. The owner of the property to which the driveway is attached and the grantee of a use of public way permit issued for the driveway at the time of the violation shall be jointly and severally liable for any fines, the cost of the erection of any barrier, and the cost of any removal and restoration.

(Added Coun. J. 6-9-99, p. 5453; Amend Coun. J. 12-4-02, p. 99026, § 6.1; Amend Coun. J. 6-30-10, p. 95412, § 1)

10-20-445 Permits – Revocation.

   Use of public way permits required for driveways by this chapter shall contain conditions as follows:

   Said permit may be revoked by the mayor, or by an order passed by the city council and signed by the mayor, at any time without the consent of the grantee, in which case the authority and privileges granted shall thereupon cease and terminate; upon the termination by revocation, expiration or otherwise of the authority, rights and privileges granted by said permit, the driveway therein authorized shall be removed and the sidewalk and/or public parkway space where the same shall have been located shall be restored to its proper condition to the satisfaction of the commissioner, so that the said portion of the said sidewalk and/or public parkway space used for said driveway shall be safe for public travel and in the same condition as the remaining portion of said sidewalk and/or public parkway space; provided, that in the event of the failure, neglect or refusal on the part of said grantee or the owner of the property to which the driveway is attached to remove said driveway when directed so to do, the city may proceed to remove same. The grantee and the owner of the property to which the driveway is attached shall be jointly and severally liable for the costs of the removal and restoration.

   Such permits may be revoked by the commissioner for failure or neglect to comply with the provisions of this chapter.

(Prior code § 33-21; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 37; Amend Coun. J. 6-9-99, p. 5453; Amend Coun. J. 6-30-10, p. 95412, § 1)

10-20-447 Reserved.

Editor's note – Coun. J. 6-30-10, p. 95412, § 2, repealed § 10-20-447, which defined commercial driveway.

10-20-450 Violation – Penalty.

   (a)   Any person violating any of the provisions of this chapter or applicable regulations concerning driveways shall be fined not less than $100.00 nor more than $1,000.00 for each offense, unless otherwise specifically provided. A separate and distinct offense shall be held to have been committed each day any person violates any of said provisions.

   (b)   In addition to any fine imposed, the owner of property to which a driveway is attached and maintained without a use of public way permit in violation of this chapter may be required to remove the driveway and restore the sidewalk and/or public parkway space where the driveway is located to its proper condition so that the portion of the sidewalk and/or public parkway space used for the driveway shall be safe for public travel and in the same condition as the remaining portion of the sidewalk and/or public parkway space. If the owner of the property to which the driveway is attached fails, neglects or refuses to remove said driveway, the city may proceed to remove the driveway and restore the sidewalk and/or public parkway space. The owner of the property to which the driveway is attached shall be liable for a penalty in the amount of the costs of the removal and restoration.

(Prior code § 33-22; Amend Coun. J. 1-14-97, p. 37762, § 38; Amend Coun. J. 6-9-99, p. 5453)

ARTICLE V. STREETS, CURBS AND SIDEWALKS (10-20-500 et seq.)

10-20-500 Curb alignment.

   The curb on each side of the street in each block shall be aligned to a uniform distance from the centerline of the vehicular roadway in said block. There shall be no variation from the established curblines in existing streets, except at street intersections where such deviation may be authorized by ordinance when necessary to remove traffic hazards, and in streets which are redesigned as “culs-de-sac” (short dead-end-streets with vehicular turning areas at their ends).

(Prior code § 33-13.1; Amend Coun. J. 1-14-97, p. 37762, § 26)